HomeMy WebLinkAbout1983-06-07; City Council; 5065; CMC 6.14 adds - Smoking in certain public places prohibitionI
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ORDINANCE NO. 5065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 6 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 6.14 RELATING TO PROHIBITION OF SMOKING
IN CERTAIN PUBLIC AREAS.
The City Council of the City of Carlsbad, California of
does ordain as follows:
SECTION 1: That Title 6 of the Carlsbad Municipal Code
is amended by the addition of Chapter 6.14 to read as follows:
"Chapter 6.14
PROHIBITION OF SMOKING IN CERTAIN PUBLIC AREAS
6.14.010
6.14.020
6.14.030
6.14.040
6.14.050
6.14.060
6.14.070
6.14.080
6.14.090
Purpose. Definitions. Prohibit ions Designation of smoking areas. Optional prohibition. Posting of signs. Except ions .
Enforcement and appeal.
Violation.
6.14.010 Purpose. Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a cause
of material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined places, and in order to serve public health, safety and welfare, the declared purpose
of this article is to prohibit the smoking of tobacco, or any
other weed or plant in public places and places of employment, except in designated smoking areas.
6.14.020 Definitions. (a) "Smoke" or "smoking" as defined in this
chapter shall mean and include the carrying of a lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind.
(b) "Public place" shall mean any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theatres, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence is not a "public place".
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(c) "Place of employment" shall mean any enclosed area under the control of a public or private employer which
employees normally frequent during the course of employment,
including, but not limited to work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a "place of employment ."
6.14.030 Prohibitions. No person shall smoke in a public place or place of employment, except in designated
smoking areas.
6.14.040 Designation of Smoking Areas. Smoking areas may be designated in public places and places of employment by
proprietors or other persons in charge except in retail stores, retail service establishments, food markets, public conveyances,
theatres, auditoriums, public assembly rooms, meeting rooms, restrooms, elevators, pharmacies, libraries, museums or
galleries which are open to the public or any other place where
smoking is prohibited by law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect
of smoke in adjacent nonsmoking areas. It shall be the
responsibility of employers to provide smoke-free areas for
nonsmokers to the maximum extent possible within existing
facilities. Restaurants covered by the provisions of this article shall designate an adequate amount of seating capacity to sufficiently meet the demands and shall inform all patrons
that a no smoking section is provided.
6.14.050 Optional Prohibition. All managers and
owners of any establishments serving or doing business with the
public may at their discretion post "NO Smoking" signs within
various areas of their businesses and utilize the full right of
the provisions of this chapter. No public place other than the ones enumerated in Section 6.14.070 shall be designated as a
smoking area in its entirety.
6.14.060 Posting of Signs. Signs which designate smoking or no smoking areas established by this chapter shall be
clearly, sufficiently, and conspicuously posted in every room, building, or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food production and
marketing establishments, including grocery stores and supermarkets open to the public, so they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. The manner of such posting including the wording, size, color, design, and place of posting whether on
the walls, doors, tables, counters, stands or elsewhere shall be at the discretion of the owner, operator, manager, or other
person having control of such room, building or other place so long as clarity, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter.
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6.14.070 Exceptions. (a) Individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities, jails, bars, and stores that deal exclusively in tobacco products and accessories,
seating capacity of less than 20 persons, Those with a seating capacity of less than 20 shall have the option of designating a no-smoking section or allowing or prohibiting smoking throughout the establishment.
establishment subject to this ordinance may apply to the City
Manager for an exemption or modification of the provisions of
this chapter due to unique or unusual circumstances or conditions.
(b) Restaurants or eating establishments with a
(c) Any owner or manager of a business or other
6.14.080 Enforcement and Appeal, (a) The City Manaqer shall be responsible for
compliance with this chapter whe; facilities which are owned, operated or leased by the City of Carlsbad are involved.
(b) The owner, operator or manager of any
facility, business or agency within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all "NO Smoking" signs required by
this chapter. Such owner, operator or manaqer shall not allow service to any person who violates this chapter by smoking in a posted "NO Smoking" area,
to disseminate information concerning the provisions of this chapter to employees.
to places of employment shall apply only to places of employment of the City of Carlsbad until July 1, 1984.
(c) It shall be the responsibility of employers
(d) The provisions of this ordinance pertaining
6.14.090 Violation, Any person, corporation, or
association who violates any of the provisions of this chapter
is guilty of an infraction except for the fourth or each additional violation of a provision within a year which is a misdemeanor. Penalties for violation of this chapter shall be as designated in Chapter 1.08 of this code.
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EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 17th day of mY I
1983 , and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 7th day of June , 1983 by
the following vote, to wit:
AYES :
NOES: Council Member Chick
ABSENT: None
Council Manbers Casler, Lewis, Kulchin and Prescott
I&RY H. kASLER, Mayor
ATTEST :
( Seal )
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