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HomeMy WebLinkAbout760 Amendment-Regulation of Smokinga E~~~1 ORDINANCE N0. 760 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 5 CHAPTER 6 OF THE UKIAH MUNICIPAL CODE PERTAINING TO THE REGULATION OF SMOKING BE IT ORDAINED by the City Council of the City of Ukiah, State of California, that Chapter 6 of the Ukiah Mu- nicipal Code is hereby amended by rescinding existing Chapter 7 and by adding Articles 1 through 7, to read as follows: ARTICLE 1. TITLE AND FINDINDS Section 4500 - Title: This chapter shall be known as the No Smoking Chapter of the Ukiah City Code. Section 4501 - Legislative Finding: The City Council recognized the right and need of those who wish to breathe smoke free air and finds and de- clares that the smoke of tobacco, tobacco related products and tobacco substitutes and fillers has been found to be a hazard to the health of the general public. Accordingly, it has been determined that the health, safety, and welfare of the residents of the City would be furthered by the regulation of smoking in enclosed places and in places of employment. ARTICLE 2. PROHIBITION OF SMOKING IN CITY OWNED FACILITIES Section 4502. It shall be unlawful for any person to smoke or to cause the production of tobacco smoke at any time in the City Hall, the Council Chambers, or in any City owned facility; except that employees in City Hall may smoke in the patio area on regular breaks and lunch periods. This article is not subject to the provision of Article 4. ARTICLE 3. PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF EMPLOYMENT Section 4503. Smoking shall be prohibited in the following places within the City to the extent the same are subject to the jurisdiction of the City. a. Elevators; b. Buses, taxicabs and other means of public transit under the authority of or subsidized by the City, while within the boundaries of the City; c. Public restrooms; d. Indoor service lines in which two or more persons are giving or receiving service of any kind; e. All enclosed areas open to and customarily used by the public in retail stores, eating establishments and in all other businesses patronized by the pub- lic including, but not limited to, pharmacies, banks, savings and loan offices, attorney's offices, insurance offices, hotels and motels; f. Waiting rooms, hallways, wards and semi-private ~li~l rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices; g. Museums, galleries and similar places which are used for motion pictures, stage dramas, musical perform- ances, ballets or other exhibitions; i. Within every Chamber, place of meeting, or public assembly under the control of the City. j. All employers must provide a smoke free work area to any employee who requests one in writing. ARTICLE 4. EXCEPTIONS Section 4504 - Owner/Manager Provisions for Smoking Areas; a. The owner or manager of any establishment regulated by this ordinance may designate the entire estab- lishment as a no-smoking area; b. Notwithstanding any other provision of this Ordinance, owners or managers of any establishment regulated by this ordinance may designate smoking areas pro- vided that: 1. The no-smoking areas be kept clear of smoke; 2. The smoking areas do not include any part of the establishment to which non-smokers may need access; 3. The no-smoking areas are of sufficient size so as to accommodate non-smokers at least to the same extent to which smokers are accommodated. c. Any owner or manager of a business or other estab- lishment subject to this ordinance may apply to the City Council for an exemption for or modifica- tion of the provisions of this ordinance due to unique or unusual circumstances or conditions. An applicant for such exemption or modification shall have the burden to provide clear and convincing evidence that, as a result of these circumstances or conditions, it would be detrimental to the busi- ness or cause an impairment of the function of the establishment to carry out the provisions of this ordinance. In any case, modification of the pro- visions as they apply to a business or other estab- lishment shall be given priority over outright ex- emption. Section 4505 - Smoking Permitted Areas: a. Smoking is permitted in hotel and motel rooms rented to guests. b. Semi-private rooms and wards in hospitals may be designated as smoking areas if all occupants agree; il" (' ~l i l c. Smoking is permitted on a stage when such smoking is part of the stage production; d. Requirements for no-smoking areas shall not apply to rooms when they are in use for private func- tions; e. Bars and tobacco stares, but not stores which sell tobacco products as a minor part of their business or through vending machines, are not required to provide no-smoking areas. ARTICLE 5. POSTING REQUIRED Section 4506 - Posting of Signs: a. "Smoking" and "No Smoking" signs with letters of not less than one inch (1") in height shall be conspicuously posted in every room, building, or other place where smoking is controlled by this ordinance, by the owner, operator, manager, or other person having control of such room, building or other place. Such signs shall also be posted at the exterior entrances on all businesses controlled by this ordinance. ARTICLE 6. ENFORCEMENT Section 4507 - Infractions and Penalties: a. It shall be unlawful for any person who owns, man- ages, or otherwise controls the use of any premises which are subject to the restrictions of this Article to not properly post with signs according to this ordinance. b. Any person who shall violate the provisions of this chapter by smoking in a designated "No Smoking" area shall be guilty of an infraction. c. It is the right of any owner, manager, operator and their employees to inform persons violating this ordinance of the appropriate provisions thereof. d. Any citizen who wishes to register a complaint here- under may initiate enforcement at City Hall. e. Enforcement shall be implemented by the City Manager or through a City staff person designated by him. Such person shall have discretion to issue persua- sive letters or infraction citations based upon re- sonable cause in a manner most suitable to the parti- cular incident. f. Upon a conviction under a or b above, such person shall be punished by a fine not to exceed one hun- dred dollars ($100.00) per violation. ARTICLE 7. FORCE APED EFFECT Section 4508 - No Preemption: This ordinance shall not be interpreted to permit smok- ing where it is otherwise restricted by law. ~ ~ ~ Section 4508 - Severability: If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Article which can be given effect without the invalid provisions or application, and to this end the provisions of this Article are severable. FIRST READ at a regular meeting of the City Council of the City of Ukiah on the 1st day of July, 1981, and finally read and adopted at a regular meeting of said City Council held on the 15th day of July, 1981, by the following roll call vote: AYES: Councilmembers Feibusch, Snyder, Riley NOES: Councilmembers Hickey, Myers ABSTAIN: None ABSENT: None s/Charles G. Myers Mayor ATTEST: s/Hattie Tillotson City Clerk