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HomeMy WebLinkAbout942ORDINANCE NO. 942 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH, AMENDING CHAPTER 7 OF DIVISION 5 OF THE UKIAHCITY CODE, REGULATING SMOKING IN VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE: Chapter 7 of Division 5 of the Ukiah City Code is hereby amended to read as follows: Article i shall be renamed: Definitions. Title, Findings and Section 4501 is amended to read as follows: Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers. . Health hazards induced by breathing environmental tobacco smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and bronchospasm. · The American Medical Association, former U.S. Surgeon Generals C. Everett Koop, M.D. and Antonia Movello, Health and Human Services, Dr. Louis Sullivan, have publicly denounced the tobacco industry for targeting children, teens, women and members of racial and ethnic minority groups in its advertising and promotions and have called for local, state and federal action to prevent the tobacco industry 'from targeting these individuals, especially youth. Based on the weight of available scientific evidence, the U.S. Environmental Protection agency (EPA) has concluded that the widespread exposure to environmental tobacco smoke in the United States presents a serious and substantial public health impact. 21 , The purposes of this ordinance are to (1) protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the need to breathe smoke-free air shall have priority over the desire to smoke, and (3) reduce access of persons under 18 years of age to tobacco products by restricting their access to tobacco products. A new section 4501.5 shall be added to Article 1 to read as follows: §4501.5: DEFINITIONS: The following words shall have the following meanings whenever used in this Chapter: . "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar," for the purpose of this definition, does not include any establishment where tobacco smoke can filter into a restaurant through a passageway, ventilation system, or any other means. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. , , "City" means the City of Ukiah. "Employee" means any person who is employed by any employer and any person who volunteers his or her services for a non-profit entity. . "Employer" means any person, partnership, association, corporation, or non-profit entity, which employs one or more persons for compensation. 6. "Enclosed Area" means all space between a floor and s:\u\ords93\smoking 2 October 21, 1993 . , . ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid. "Place of Employment" means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited tO, work areas, employee lounges and rest rooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a ,'public place". ,,Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term ,,restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in section 4501.5(1). 10. "Retail Tobacco Store" means a retail store utilized primarily for the sale Of tobacco products and accessories and in which the sale of other products is merely incidental. 11. "Self service merchandising" means open promotional displays of tobacco products and point-of-purchase tobacco promotional displays to which the public has direct access without the assistance of an employee. 12. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant s:\u\ords93\smoking 3 October 21, 1993 o or other combustible substance in any manner or in any form. ~ ~.~.~ ~I3. - "Sports Arena" means the enclosed portions of sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. 14. "Tobacco Vending Machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. 15. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. 16. "Vendor-assisted,, means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. Section 4502 is amended to read as follows: ~4502: APPLICATION OF CHAPTER TO CITY-OWNED FACILITIES: Smoking is prohibited in all places of employment and public places owned by the City. Section 4503 is amended to read as follows: §4503: PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF EMPLOYMENT: Smoking shall be prohibited in all public places within the City of Ukiah, including the following places: 1. Elevators. s:\u\ords93\smoking October 21, 1993 4