HomeMy WebLinkAboutOrdinance 1938 (Electronic Cigarettes)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing:
ORDINANCE NO. 1938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER
9.04 ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH
PROTECTION" TO REGULATE THE SMOKING OF ELECTRONIC
SMOKING DEVICES AND TO ELIMINATE AN EXCEPTION
ALLOWING SMOKING WHILE ACTIVELY PASSING
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 4`h day of April, 2016; was
published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City, held on the 18`h day of April, 2016, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin & Mayor Phillips
NOES: COUNCILMEMBERS: Colin & McCullough
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
20th day of April, 2016
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 9.04 ENTITLED "CLEAN
INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION" TO REGULATE THE
SMOKING OF ELECTRONIC SMOKING DEVICES AND TO ELIMINATE AN
EXCEPTION ALLOWING SMOKING WHILE ACTIVELY PASSING
WHEREAS, on October 1, 2012 the San Rafael City Council adopted a new smoking ordinance
enhancing clean air protections in San Rafael; and
WHEREAS, the current ordinance prohibits smoking on sidewalks, pedestrian areas, and public
places such as plazas in our Downtown, except while actively passing on the way to another
destination; and
WHEREAS, the City periodically receives complaints about smoking in the Downtown area; and
WHEREAS, the California Department of Health recommended in a January 2015 report
entitled "State Health Officer's Report on E -Cigarettes" that Electronic Smoking Devices, including
electronic cigarettes, be regulated in the same manner as traditional tobacco products; and
WHEREAS, on March 7, 2016 the City Council heard an informational presentation from the
City Manager's Office recommending the preparation of a draft ordinance to amend the San Rafael
Municipal Code to include the regulation of electronic cigarettes and to eliminate the exception to allow
smoking while actively passing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY
ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 9.04 the San Rafael Municipal Code, entitled "Clean Indoor and Outdoor Air and Health
Protection" is hereby amended as follows:
1. Section 9.04.030, entitled "Definitions", is hereby amended to add a new definition of
"Electronic Smoking Device", as follows:
"Electronic Smoking Device" means an electronic device which can be used to deliver an
inhaled dose of nicotine, or other substances, including any component, part, or
accessory of such a device, whether or not sold separately.
2. Section 9.04.030, entitled "Definitions", is hereby amended to amend the definition of "Smoking"
to read as follows:
"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited
cigar, cigarette, cigarillo, pipe, hookah, or Electronic Smoking Device intended for
human inhalation.
3. Section 9.04.050, entitled "Prohibition of Smoking in Public Places, Places of Employment, and
Certain Other Areas", is hereby amended by amending Subsection 13.9 thereof to read in its
entirety as follows:
B. 9. Sidewalks and other pedestrian areas and public places in Downtown San Rafael
accessible to the general public
a. For the purposes of this section, Downtown San Rafael means the area
defined by Hetherton Street between Mission Avenue and Second Street,
Second Street between Hetherton and the beginning of Miracle Mile,
Fourth Street from the beginning of the Miracle Mile to H Street, H Street
between Fourth Street and Mission Avenue, and Mission Avenue
between H Street and Netherton Street.
b. This prohibition applies to sidewalks along public and private streets,
pedestrian alleys, walkways providing access from parking lots and
structures to stores or sidewalks, and all other pedestrian paths or areas
that are accessible to the general public within and around the perimeter
of the area defined in subsection (a) above.
4. Section 9.04.060, entitled "Nonsmoking Buffer Zones", is hereby amended to read in its entirety
as follows:
A. In all unenclosed areas where smoking is otherwise permitted, smoking shall
nevertheless be prohibited within 20 feet from any doorway, window, opening, crack,
or vent into an enclosed area in which smoking is prohibited.
B. In all unenclosed areas where smoking is otherwise permitted, smoking shall
nevertheless be prohibited within 20 feet from any unenclosed areas in which
smoking is prohibited under Section 9.04.050(B) of this chapter.
C. The prohibitions in subdivisions A and B of this section shall not apply to unenclosed
areas of private residential properties that are not duplexes or multi -family
residences.
D. Smoking is prohibited in unenclosed areas of a duplex or multi -family residence,
including exclusive -use areas such as balconies, porches, decks, and patios, within
20 feet from any doorway, window, opening, or other vent into an enclosed area
where smoking is prohibited by this chapter or other law, or by binding agreement
relating to the ownership, occupancy, or use of real property, or by designation of a
person with legal control over the property.
5. Section 9.04.070, entitled "Smoking Restrictions in New and Existing Units in Duplexes
and Multi -Family Residences" is hereby adding new Subsection D as follows:
D. Notwithstanding any other provision of this chapter, the use of Electronic Smoking
Devices within any unit of a duplex or multi -family residence is not prohibited by this
chapter.
DIVISION 2:
This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to
the State CEQA Guidelines, since it can be seen with certainty that there is no possibility that this
Ordinance or its implementation would have a significant effect on the environment (14 Cal. Code
Regs. Section 15061(b)(3)).
DIVISION 3:
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The
Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid.
DIVISION 4:
This Ordinance shall be published once, in full or in summary form, before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full
force and effect thirty (30) days after its final passage. If published in summary form, the summary
shall also be published within fifteen (15) days after the adoption, together with the names of those
Councilmembers voting for or against same, in a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California.
GARY O. PHILLIPS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No.1938 was read and introduced at a regular meeting of the City Council of
the City of San Rafael on Monday, the 4th day of April, 2016, and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin and Mayor Phillips
NOES: Councilmembers: McCullough
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 18th day of April, 2016.
ESTHER C. BEIRNE, City Clerk