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Home My WebLink About1983-05-17; City Council; 7389; Smoking Ordinance9. \B#- ATG. 5/17/83 IEPT. CA CIT I OF CARLSBAD - AGENDA BILL DEPT. HD. CITY AlNK TITLE: SMOKING ORDINANCE CITY MGR.= Council consider whether or not to introduce Ordinance No. 50 G.5” regulating smoking in enclosed public places. ITEM EXPLANATION The Mayor has asked that our office prepare an ordinance regulating smoking in enclosed public places. The Californians for Non- Smokers’ Rights have asked the Council to adopt an ordinance which is consistent with the recently adopted county ordinance. The chief administrative officer of the county, in a letter dated January 19, 1983 to all city managers, has also suggested that ordinances be adopted consistent with the county ordinance which is the same as the ordinance adopted by the City of San Diego. The ordinance we have prepared is substantially identical to those of the City and County of San Diego. EXHIBIT Ordinance No. &o/o 5 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 5065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSRAD, 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 Cit'y 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 6.1 4 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. 6.14.01G 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 liqhting 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". . /// d 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 86 27 28 (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, emp oyee 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 se'rving 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 contrpl of such room, building or other place so long as clarity, sufficiency, and cohspicuousness are apparent in communicating the intent of this chapter.' /// -2- 3 - .. 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 '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 circum5tances or cond it ions. (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 Manager shall be responsible for compliance with this chapter when 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 manaqer shall post or cause to be posted all "NO Smoking" signs required by this chapter. Such owner, operator or manager shall not allow service to any person who violates this chapter by smoking in a posted "NO Smoking" area. (c) It shall be the responsibility of employers 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. (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. s /// /// /// /// /// /// /// -3- .. 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 ?7 28 .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: council mrs Casler,’~is, ~ulchin and prescott NOES: Council r’kmker Chick ABSENT: None ATTEST: MARY H . LCASLER, Mayor ALETHA L. RAUTENKRANZ, City (Seal ) -4- c WE PETITION SMOKING BAN IN CITY OFFICES THE EMPLOYEES OF THE CITY OF CARLSBAD PETITION THE CITY COUNCIL TO PASS AN ORDINANCE BANNING SMOKING IN ALL BUT DESIGNATED AREAS OF CITY BUILDINGS, WE OBJECT TO BEING SUBJECTED TO OTHERS SMOKE WHICH BURNS OUR EYES AND THROATS AND SATURATES OUR CLOTHING AND BODIES WITH THE NOXIOUS ODOR, G PETITION SMOKING BAN IN CITY OFFICES WEj THE EMPLOYEES OF THE CITY OF CARLSBADj PETITION THE CITY COUNCIL TO PASS AN ORDINANCE BANNING SMOKING IN ALL BUT DESIGNATED AREAS OF CITY BUILDINGS, WE OBJECT TO BEING SUBJECTED TO OTHERS SMOKE WHICH BURNS OUR EYES AND THROATS AND SATURATES OUR CLOTHING AND T BODIES WITH THE NOXIOUS ODOR, 7