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HomeMy WebLinkAboutOrd. 1466-2013ORDINANCE NO. 1466-2013 AN ORDINANCE AMENDING CHAPTER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING THE REGULATION OF SMOKING WHEREAS, according to the Center for Disease Control, scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen., the most dangerous class of carcinogen; and WHEREAS, the California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant; and WHEREAS, more than 440,000 people die in the United States from tobacco- related diseases every year, making it the nation's leading cause of preventable death; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this Country, killing over 52,000 non-smokers each year, including 3,000 deaths from lung cancer; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden infant Death Syndrome (SIDS) in infants of mothers who smoke; and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and WHEREAS, with certain exceptions, California Labor Code Section 6404.5 prohibits smoking inside an enclosed place of employment; and WHEREAS, state law prohibits smoking in playgrounds and tot lots and within twenty feet of the main entrances and exits of public buildings while expressly authorizing local communities to enact additional restrictions; and WHEREAS,, CalifomiaHcalth and Safety Code Sections 118910 and 104495(h), Labor Code Section 6404.5(i) and Government Code Section 7597 authorize a local entity to regulate or completely ban the smoking of tobacco; WHEREAS, the City of South San Francisco ("City") adopted Ordinance No. 1010-1987 for the purpose of enacting Chapter 8.50, Regulation of Smoking ("Regulation of Smoking Ordinance"); and WHEREAS, the City has since amended the Regulation of Smoking Ordinance to more effectively regulate smoking and protect public health within the City; and WHEREAS, the City desires to further amend the Regulation of Smoking Ordinance in order to further protect the health and welfare of its residents and visitors, as well as have the Regulation of Smoking Ordinance be consistent with state law. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends the following sections of Chapter 8.50 of the South San Francisco Municipal Code to read as follows (with text in 44keout indicating deletion and underlined text indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 8.50.010 Purpose and intent It is the intent of this chapter to provide individuals with a reasonable degree of protection from involuntary exposure to tobacco smoke by prohibiting smoking in certain specified areas. Th. ... ., safety, and general welfare of the residents of-, perso'Rs 'afriple-Y and persons who frequen�t the city would be benefi-ed L 4-L - -- - J � i smoking, particular!), in enclosed places, since numer-ou -slhidi-c-,-have- found that tebaeeo smoke is a maj . or contribut r- to J-1-or polluaion� aftd reliable studies have show that breathing sidestr-eam er- seeaudh---d- smej e is a signifieant bealth ha-zar-& The compelling purpose and intent of this chapter includes, but is not limited to gencrall promoting the health, safety, and welfare of all people in the community against the health hazards and barinful effects of the use of addictive tobacco Droducts and the dangers of secondhand smoke. 8.50.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: �1' ON M-1- .11, 11=291M M101=91 -2- ..,.. .5 i i as use,4 ] ) i ; lefive, — --Ider- the direct or indirect control of the city, >7 means an enclosed area con. +-M -, or eounters upon whieh are -se. "Employee" ider-ation for means any person who is employed or retained as an independent contractor by any Employer. "Employer" means any persort partnership, corporation, association nonprofit, City or other entity who emplo sor eta>_ras the service of one or more Em to ees who-employs the services of an "Enclosed" means ales azoQ ^n d leas+ `-ee sides any covered or partially covered space having more than 50 % of its perimeter area walled in or otherwise closed to the outside e. . a covered porch with more than two walls); or any space open to the sky having more than 75% of its perimeter area walled in or otherwise closed to the outside (e.. a courtyard). "General Public" includes shoppers, customers, patrons, patients, students, clients and other similar invitees of for -profit or nonprofit entity. "Enclosed Common Area" means every Enclosed area of a Multi -Unit Residence where residents of more than one 1 Unit and/or their guests are entitled to enter or use including, but not limited to, elevators, hallways, stairways, Lobbies, lounges, recreation rooms, exercise facilities, shared restrooms, shared cookie facilities, and shared laundry rooms. "Lobby " means the public common area of an establishment in. which the establishment's guests and members of the public typically congregate and in which registration and other related transactions are conducted. "Multi -Gnat Residence" means any property with two or more Units. A Multi -Unit Residence does not include a single-family residence with an in -law or second unit or a single, contiguous residence in which rent is shared by the residents. "Open to the Public'..." means available for use by or accessible to the General Public during the normal course of business conducted by either private or public entities. "Place of Employment" ffleans any enclosed area under the control f a publie Of Private empleyer-wh—h employees normally frequent duri...., rnclu , but not l;m ite to: 1. Conference and elassreoms-; 3. E ln, e In t 4 Hallways; Jam' Y�f�Or It Lir �C'.+LCiT meads any area under the legal or de facto control of an Emnlover that an Emnlovee ma have cause to enter in the norrnal course of ot�erations, regardless of the hours of eration including, for exam ple, vehicles used in employment or for business purposes, taxis,_ public_ transit buses, ferries and trains, and warehouses. A private residence is not a place of employment, unless it is used as a child care or health care facility, ---ffA4-1 "Public Place" �en he General Public regardless va of any fee o�° aye requirement includin � but not limited to bars restaurants clubs stores, stadiums, theaters, museums, libraries, galleries, bowling alleys, parks, sidewalks, benches, pla rounds hospitals, health care facilities gymnasiums, taxis and buses. cafeteria, "Restaurant" means any coffic shop, ,, , . , kt ' a, i x a ' �, , 1 b (including veter-ans' } , guesthouse, the primary function ofwhich sell or offer for sale, food to the Y-bhc, guests, patrons, or-em-p4oyees, exeept that the term "restaurant" shall not include a tavem lor- a eoeklail loungeifthe ta-,�efn eFeeekta44 "Detail Ttobacco store" means a retail store utilized primarily for the sale of tobacco products and tobacco accessories and in which the sale of other products is merely incidental. "Serniprivate roo means a room in a publie or private two cd F-1--s of the facility7 "Smoke" or "Ssmoking" means and includes inhaling or exhaling upon, or burning or carrying any lighted smoking equipment for tobacco, or any other plant or product used for the personal habit commonly known as smoking:, and includes possessing a lighted pipe, lighted cigar, lighted hookah, or lighted cigarette of any kind, or the lighting of a. pipe, cigar, hookah, or cigarette of an kind. ind. "Smoke tobacco-smoke-odor determining the presence or absence of ke � /or- tobaeee sffieke well as affeeted , y' �e- to-the e�4 Cy 3 . The ,,,• ,, ,� �a(� �+3LkrG� 6 hii�i �- ��l -ti^ � FrG mynd 7 :- Th '-c;- -1g$%r'atio a+ A 1n fi F41yr nrlr ai:eas 11 as the , "'o'f 1 ki * 9r -ot-1iEa'r°.-E eV4 -ees f r n the visibility or ede . e fr,l.a-eo smoke." 4CQ HqOlking victiffl" ffie�ffls a-By per-son presentia a plue where sm king is prohibite 0 rA WIn � — - 4.1— 4 p-iirsua I., te Seet.eii at —, tha, smaking aeetifs iii sueh a plaeo. "Transient Lodging Establishment" means a bed and breakfast, hostel, hotel, motel or gthpr,jsrnilar, short-term lodging establishment. "Unenclosed" means any area that is not an Enclosed area as defined in this ch4pter. "Unit" means an..gpArtrngqt im, detached home, townhouse, ,._.gon-do-m-in-iq room occupancy fiLcility, roorn..in a homeless ' shel ' t " e r ' '. mobile home, campDjye�� or other personal dwelling space, even where lacking cooking facilities or private plumbing facilities. 8.50.030 Smoking Prohibited (a) Enclosed Places. Smoking shall be prohibited in the following Enclosed Places within the City except as otherwise permitted in Section 8.50.040, and except in such places in which Smoking is already prohibited_by- state or federal law, in which case those laws apply: (1) Places of Employment. Smoking is prohibited in all Enclosed Places of loy as defined in this Chapter and by California Labor Code Section 6404.5, as may be amended. Q Enclosed Common Areas. Smoking is prohibited in all Enclosed Common Areas of Multi-Unit Residences. (3) City Buildings. Smoking is prohibited in all Enclosed areas of any building or facility owned and occupied or leased and occu pied by the City. (4) City-Owned Enclosed Parking Structures. Smoking is prohibited in all City-owned Enclosed parking structures. (5) City Vehicles. Smoking is prohibited in all City-owned, leased and/or controlled vehicles. (b) Unenclosed Places. Smoking shall be prohibited in the following Unenclosed Places within the City except in such places in which Smoking is alread prohibited by state or federal law, in which case those laws apply: �1) Parks and Recreation Areas. Smoking is prohibited in all Parks and Recreation Areas within the City, desigpated as Parks and Recreation (PR) on the South San Francisco Zoning Map. (2) Outside of City Buildings., Smokin iq p rQbibited within twenty (20) feet , -- j— of a main exit, entrance or operable window of any facility covered by Section 8.50.030 (a) (3). (3) City-Owned Parking Lots. Smoking is prohibited at all City-owned parking lots, (4) Desiggated Public Places. Smoking is prohibited in any open-air Public Places on City-owned property not otherwise covered by this section when desi gated b he City Manager. ni -g be pfolh.' L. ,' C L L L N 'r �' - - L L L ! 1,74 2' lemm w L : -M L + L OMMM". r. ' ma, am jg ! _ r L' r. ! L ! r r 2 L w• O L L r iI WIN W.. d UNIUMMMUM Z Z Z & Z is I-V.WFNME MUM :• Z Z� Z . Z • - Z w - a a Yw w Z Z Z .Z ZZ "�• ZZZ Z •. "� 1,.. . wI ww `v s cx'; the stadia, s� raa (1) B11I Unless otherwise affirmatively protected by state or federal law, Smoking sal n-,t be pfebibited is permitted in the following places within the City: 1 Retail Tobacco Stores. Smoking is permitted in Retail Tobacco Stores, Transient Lodging Establishments. Smokin is ermitted in up to sixty-five percent 65 %0 of Transient Lodging Establishment guest rooms. Nothing in this section shall prohibit Transient Lodging Establishments from choosing to be one hundred percent 1.44% Smoke free. 3 Desi. Hated Lobbv Areas. Smokin is ermitted in areas of the Lobby in a Transient Lodging Establishment designated for Smoking by the establishment. An establishment may permit Smoking in a designated Lobby area that does not exceed twenty-five percent 25 % of the total floor area of the Lobby or, if the total area of the Lobby is two thousand (2,000) square feet or less that does not exceed fifty percent (50 %) of the total floor area of the Lobby, provided that the Smoking area of the Lobby is not used primarily for the sale and service of food or beverages. (4) Theatrical Perfon- ances. Smoking �is permitted in theatrical performances if Smoking is an integral hart ofthe stogy in the theatrical production. (5) Medical Research or Treatment Sites. Smoking is permitted in medical research or treatment sites if Smoking is integral to the research and treatment being conducted. Employee Break Rooms. Smoking is permitted in Enclosed Employee break rooms designated by Employers for Smoking, provided that they meet all of the following criteria: i air from the room is exhausted directly to the outsidg-by outside-by an cxhaust fan; ii the Em 7loyer complies with applicable state and federal ventilation standards;. (iii) the room is located in a non -work area; (iv) the employer does not store or maintain any item necessary or related to the performance of any Employee's duties in the Smoking break room such that non-Smoking Employees are required to enter or pass through the room in order to access said items and v there are sufficient non -Sokin break rooms to accommodate non - Smokers. 9 (11) D eft ;1 t .4« n n+ ,,e (e) Affi entire room of hall whieh is used for- a-pfiviAe,-fime whieli function is ulcltl c .. of the foeffi of hall, oWy :. .. �ici t${3 r ":'–pr i n t +zzi chv ;vrz� r r rn nw n .ter 41n ofn or hall p 7de&- -of ,ite erne +apt to the paftie pants ot= '. i'f}�'� -E :T'� 'M%�i.- Y- t"iC�t -� IT[t'}'1'��rxnzxL�v rrxc rsvr- n -& haS W- 14.1701 o f, " e1 f4fletieii; iaxeznzz�.c°.�z , (d) A eas not generally open to the ,,,1blie. �i`tit ies OFF* , acT , Y. visited by . , (i) Semiprivate rooms of health facilities occupied by one or more patients, all of whom are smokers who have requested in writing upon the health care facilities "�-pl.'GC 7 �LSa�i '.U'cT1Ti'4 PVi -Psm I1ZYt 'TTfJV ttedu. Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls an establishment business may declare that entire bR_s i� establishment, or designated sections thereof, as a nonsmakin non- Smoking establishment; provided however that the designation does not conflict with existing state or federal law. owned, I-Mg in this s-e—.0ii shall be deemed to allow smoking iiq ail), beikhiffg-eT -the-e-i- 8.50.050 Posting of signs. Posting of signs shall be the responsibility of the owner, operator, manager or other person having control of the any place ep . te-t ti-c where Smook n s mekwing is prohibited by this chapter. Except as pfevided in ubseetie (b) of this seetio or in facilities owned or leased by county, state, or federal governmental entities, "No Smoking" signs with letters of not less than one inch in height or the international "No Smoking" symbol M (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where Smoking apokiffg is regulated by this chapter, including but not limited to, all entrances, all restrooms, ai+d all elevators,and at least one (1) conspicuous place within an Unenclosed area where Smoking is prohibited. Signs of equivalent size and character reading "Smoking Permitted" may be posted where legally applicable. Alternative means of notification (individual place cards, film clips, etc.) may be employed, provided they are equivalent to the aforementioned signs in their effect. For purposes of this Chapter, the City Manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chap; U Vefy theatef owner, manager or oper-ater- shall eonspieuetisly post signs in the lobby s ting that smoking is prohibited within the theater or auditorium. In all motion picture theaters, ilium. inated--��' SfRok; " signs shall, be installe-A so as to be readily visible f+em all seats ai9d a "No Smoki" message-shall be shown upen the ser-een foff at. least fiV- ""' , 5, seeeiids pri r to the s owing of each feature motion picture. All signs required by this chapter sha-11-be posted W4, +1,,'n thiiFty (Nhdays of the eff-eetive date of this ehapter. I mi-IRM"MIN UUM& ......... IM IMUSIRTMOMOMWAN MM ..... Mm- , I . [;;Mlq;lv SIMON% .01M, �IIA 10 an IIIIMII INN II MUM or. CMMI .01M, �IIA 10 11 OMMIR M.O. 1 IM 11 i Rol aw"WilirIVINNO M1 MUM a M - M r. w . r r 'r r r.• r r, r a. T . r w. duties at, r ,q a. n ! i •A to xr. An © r. r Q s r r :r r w w r a' i :.. !! '� r (e) thFough (i) ineWsive, oF in those peftions of eating establishments where smekkn b- i s f ! 1 t Unlawful acts. (a) It is unlawful fo�r any person to Smoke smake in a place within the City eity smoking • (b) it is unlawful for • who owns, otherwise controls use of any premises subject to the prohibition of this chapter to fail to post signs as required by this chapter. 12 (q) No person, owner, manager, operator or employer of any establishment controlled by this chapter shall knowingly permit Smoking in an area which is under the le ,al or defacto control of that person, owner, manager, operator or Employer and in which Smoking is prohibited by this chapter,.. unless otherwise required by state or federal law, 8.50.0704,00 Nondiscrimination. No person shall discharge, refuse to hire, or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. 8.5 0. i 10-waivefs-. lhe owner- or- Fflanager of any establishment affeeted by Seetion 860.030 may apply fef waiver- from the py-evisions of that seetion by means of an administfative hea+,-ing b the city manager-, or the manager-'s designated f e-pr-esentative, whieh shall be hoW-within a Feasonable time after reeeipt by the eity manager- or the designated representative� WHIEtlen Fequest ther-efer. The wfitteii iequest shall be aeoempanied by an applieation fe waiver fee, in an amount to be established r-esol"+ A -,plieant shall fumish in suppert 0.17suoh wfli-pr- in -�-flnatiofl on the t.'p- ofbusiiness o bli-shment, the afea of eeneem, the a-N;efage ti-upaber- of memb-fs of the publie whieh infrofmation requested by the eity. The 64-5, iRaw&ger-,-,of- t4i-e-niafiagei-2-s-de4gnated-r-epfe-se*t-at.3 v,e-ma.y-j at-his-or &--waive"f the-fe"ff en+e*ts-e-f-this-e4+apter- tipon-a-fi-ndi-ng4h-at-thefe-are-not-s-*ff+cient-f-fieflibers-of thAa-gencral public visiting sueh establishmeRt to therein. The decision of the city manager shall be final-z 8.50.0801U Violations. (a) Any owner, manager, operator, employer or employee of any establishment regulated by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. (b) Any violation of this chapter shall be and is hereby declared to be a public nuisance, and may be abated as such through appropriate civil proceedings brought by the City city. or by a private individual (c) Any person violating any of the provisions of this chapter not superseded by state or federal law shall be guilty of an infraction. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. (d) Any violation of this chapter that is also a violation of state law may be subiect to an enforcement action by the City as authorized by state law. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, 13 including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 23`1 day of January, 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 13th day of February, 2013 by the following vote:. AYES: Councilmembers Mark Addic2o, Richard A. Garbarino, Pradepp Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez NOES: None ABSTAIN: None ATTEST'...,, As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 13' A 411 LLay of February, 2013. Pedro Gonza ez, MayW N