HomeMy WebLinkAboutOrdinance 1908 (Smoking)CLERK'S CERTIFICATE
1, 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. 1908
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REPEALING SAN RAFAEL MUNICIPAL CODE (SRMC) CHAPTER 8.14 ENTITLED
"INDOOR AIR AND HEALTH PROTECTION" AND ADDING A NEW CHAPTER 9.04
ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION"
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 I't day of October, 2012; a
SUMMARY of Ordinance No. 1908 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 15Th day of October, 2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
15h day of October, 2012
�- ,C� K-, ,
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1908
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REPEALING SAN RAFAEL MUNICIPAL CODE (SRMC) CHAPTER 8.14 ENTITLED
"INDOOR AIR AND HEALTH PROTECTION" AND ADDING A NEW CHAPTER 9.04
ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION."
WHEREAS, in 1993 the United States Environmental Protection Agency (EPA) found
secondhand smoke to be a risk to public health, and classified secondhand smoke as a Group A
carcinogen, the most dangerous class of carcinogen, and
WHEREAS, in 2009 the World Health Organization (WHO) estimated that without
regulation, by 2030 tobacco will account for 8 million deaths per year, making it the greatest
cause of death worldwide; and
WHEREAS, in 2010, there were an estimated 7,600 smoking-related fires in residential
buildings in the United States resulting in an estimated 350 civilian deaths, 950 civilian injuries
and $286 million in direct property damage according to the United States Fire Administration;
and
WHEREAS, smoke-free regulations in multi -unit residential buildings could save
property owners up to $18 million a year statewide on the cost of cleaning apartments vacated by
tenants who smoke, according to a 2011 UCLA study; and
WHEREAS, most cigarette filters are made of cellulose acetate and do not biodegrade,
and in 2012 the San Rafael "Butts for Bounty" program collected 230,000 discarded cigarette
butts within two months time; and
WHEREAS, the Council of the City of San Rafael directed staff to pursue amendments to
strengthen regulations concerning secondhand smoke and smoking as part of the priority and
goal setting in January 2012; and
WHEREAS, on April 16, 2012, the Council of the City of San Rafael 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 prohibition of smoking
in outdoor dining areas, recreation areas, service areas, entryways, worksites and multi -family
properties; and
WHEREAS, on August 23, 2012, a town -hall meeting was held in the City Hall Council
Chambers to receive public comments on the proposed Ordinance; and
WHEREAS, at the town -hall meeting on the matter of smoking, in public places and
multi -family properties, numerous attendees, including residents, property managers and owners,
and a representative from the American Lung Association, spoke regarding the harmful effects
of secondhand smoke and smoking in public places and multi -family properties:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1:
New Chapter 9.04 entitled "Clean Indoor and Outdoor Air and Health Protection" is
hereby added to the San Rafael Municipal Code to read in its entirety as follows:
9.04.010 Title
This chapter shall be known as the City of San Rafael Clean Indoor and Outdoor Air and
Health Protection Ordinance.
9.04.020 Purpose and applicability
The city council finds and declares that the purposes of this chapter are:
A. To protect the public health, safety and general welfare;
B. To guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that
the need to breathe smoke-free air has priority over the desire to smoke;
The city council further finds that it is within the City of San Rafael's basic police power
to implement and enforce the provisions of this chapter.
9.04.030 Definitions
As used in this Chapter, the following words and phrases shall be construed as defined in
this section, unless the context or use of such words or phrases clearly indicates a different
meaning or construction intended in the particular case:
"Bar" means an area which is devoted to the serving of alcoholic beverages for
consumption by patrons on the premises and in which the serving of food is incidental to the
consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall
not include the restaurant dining area.
"Business" means any sole proprietorship, joint venture, corporation or other form of
business entity formed for profit making purposes.
"City" means the City of San Rafael
-City Manager" means the city manager of the City of San Rafael.
"Common Area" means every indoor or outdoor area of a multi -family residence that
residents of more than one unit of that multi -family residence are entitled to enter and/or use,
including, but not limited to, halls and paths, lobbies and courtyards, elevators and stairs,
community rooms and playgrounds, gym facilities and swimming pools, parking garages and
parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating
areas.
"Designated Smoking Area" means an area meeting the requirements of Section 9.04.090
of this chapter where smoking is permitted., as designated by an employer, landlord, or other
person with legal control of the premises.
"Dining Area- means any area, including streets and sidewalks, that is available to or
customarily used by the general public or an employee, and which is designed, established, or
regularly used for consuming food or drink.
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"Duplex" for purposes of this chapter means one structure on a single lot containing two
(2) dwelling units with a shared wall, each of which is functionally separate from the other.
"Employee" means any person who is employed by any employer in consideration for
direct or indirect monetary wages or profit, and any person who volunteers his or her services for
an employer.
"Employer" means any person, partnership, corporation, including a municipal
corporation, business, or non-profit entity, which employs the services of one or more individual
persons or utilizes volunteers.
"Enclosed Area" means all space between a floor and ceiling which is enclosed on all
sides by solid walls or windows (exclusive of door or passage ways) that extend from the floor to
the ceiling.
-Landlord" means any person who owns property let for residential use, any person who
lets residential property, and any person who manages such property, except that "Landlord"
does not include a master tenant who sublets a unit as long as the master tenant sublets only a
single unit of a multi -family residence.
"Multi -Family Residence" for purposes of this chapter means residential property
containing three (3) or more units with one or more shared walls, floors or ceilings, including for
example, rental complexes, residential cooperatives or condominium complexes, senior citizen
residences, assisted living complexes and skilled nursing facilities. "Multi -Family Residence"
does not include the following specifically excluded types of housing:
A. a hotel or motel that meets the requirements set forth in California Civil Code section
1940(b)(2);
B. a mobile home park-,
C. a campground;
D. a marina or port;
E. a single-family home; and
F. a single-family home with a detached in-law or second unit when permitted pursuant
to California Government Code sections 65852.1, 65852.150, or 65852,
"New Unit" means a unit that is issued a certificate of occupancy / final inspection more
than 180 days after November 14, 2012 and also means a unit that is leased or rented for
residential use for the first time more than 180 days after November 14, 2012.
"Non -Profit Entity" means any corporation, unincorporated association or other entity
created for charitable, philanthropic, educational, character -building, political, social, religious or
other similar purposes, the net proceeds from the operations of which are committed to the
promotion of the objectives or purposes of the entity and not to private gain. A public agency is
not a "Non -Profit Entity" within the meaning of this section.
"No Smoking Sign" means a sign containing the words "No smoking" or the international
"No smoking" symbol (consisting of a pictorial representation of a burning cigarette in a red
circle or red heart with a red bar across it).
"Open Space" means any lot or area of land or water essentially unimproved and set
aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and
enjoyment of owners and occupants of land adjoining or neighboring such open space.
**Person*' means any individual, partnership, cooperative association, private corporation,
personal representative, receiver, trustee, assignee_ or any other legal entity.
**Place of Employment" means any area under the legal or de facto control of an
employer that an employee or the general public may have cause to enter in the normal course of
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operation, regardless of the hours of operation, including, but not limited to, indoor, vehicles
used in employment or for business purposes, taxis, employee cafeterias, lounges and restrooms,
conference and banquet rooms—or other dining areas, warehouses, long-term health care
facilities, and lobbies and hallways. A private residence is not a "Place of Employment" unless it
is used as a day services center or a child care or health care facility licensed by the State of
California.
"Premises" means a piece of land and any improvements upon it such as is usually
described in a deed, deed of trust or mortgage, and includes legally separate but contiguous
pieces of land that are owned by the same natural person or by legal persons under common
control.
"Public Event" means an event which is open to and may be attended by the general
public, including but not limited to such events as farmers' markets, parades, craft fairs, festivals,
concerts, performances or other exhibitions, regardless of any fee or age requirement.
"Public Place" means any place, publicly or privately owned, which is open to the
general public regardless of any fee or age requirement.
"Recreation Area" means any area that is publicly or privately owned and open to the
general public for recreational purposes, regardless of any fee or age requirement. The term
"Recreation Area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields
and courts, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails,
swimming pools, spas, roller- and ice-skating rinks, skateboard parks, amusement parks, sports
arenas, and beaches.
"Service Area" means any publicly or privately owned area, including streets and
sidewalks, that is designed to be used or is regularly used by one or more persons to wait for or
receive a service or make a transaction, whether or not such service or transaction involves the
exchange of money. The term "Service Area" includes but is not limited to the San Rafael
Transit Center, information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or
shelters, mobile vendor lines, cab stands, or enclosed lobbies or vestibules.
"Smoke" means the gases and particles released into the air by combustion when the
apparent or usual purpose of the combustion is human inhalation of the resulting combustion
products, including, but not limited to, tobacco smoke.
"Smoking" means engaging in an act that generates smoke, including but not limited to,
lighting and/or possessing a lighted cigar, a lighted cigarette, a lighted pipe, or a lighted hookah
pipe.
"Sports Arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas,
swimming pools, roller and ice rinks, baseball stadiums, 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.
"unenclosed Area" means any area that is not an enclosed area, as defined in this section.
"Unit" for the purpose of this chapter means a personal dwelling space, even where
lacking cooking facilities or private plumbing facilities, and includes any associated exclusive -
use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or
patio. "Unit" includes but is not limited to an apartment, a condominium; a townhouse; a room in
a long-term health care facility, assisted living facility, or hospital; a hotel or motel room, a room
in a single room occupancy ("SRO") facility; a room in a homeless shelter; a mobile home; a
camper vehicle or tent; a single-family home; and an in-law or second unit.
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9.04.040 Application of chapter to City -owned Vehicles and Facilities
All City -owned vehicles, including jitneys and buses and other means of public transit
under the authority of the City, and all enclosed facilities owned and controlled by the City,
including jails, and any board, council, commission and agency of the city shall be subject to the
provisions of this ordinance,
9.04.050 Prohibition of Smoking in Public Places, Places of Employment, and Certain
Other Areas
A. Enclosed Areas. Smoking shall be prohibited in the enclosed areas of the following
places within the city limits of the City of San Rafael except in places listed in
subsection C below, and except in such places in which smoking is already prohibited
by state or federal law in which case the state or federal law applies:
1. Places of Employment.
2. Public Places.
3. Recreation Areas.
4. Common Areas.
B. Unenclosed Areas. Smoking shall be prohibited in the unenclosed areas of the
following places within the city limits of the City of San Rafael except in such places
in which smoking is already prohibited by state or federal law in which case the state
or federal law applies:
1. Public places, including public plazas.
2. Within 20 feet of a working road or building and construction crew.
3. Recreation areas.
4. Open space.
5. Service areas.
6. Dining areas.
7. Common areas, provided that a person with legal control over a common area
may designate a portion of the unenclosed area of the common area as a
designated smoking area if the area meets all of the criteria set out in section
9.04.090.
8. Public events, provided that the event sponsor may designate a portion of the
unenclosed area of the public place being use for the event as a designated
smoking area if the designated smoking area is at least 20 feet from any portion of
the public place established for the preparation, service or consumption of food or
drink, and at least 100 feet from any portion of the public place established as a
play area for children or a place to gather to witness a concert or similar
exhibition-, and provided further that smoking is permitted on streets and
sidewalks being used in a traditional capacity as pedestrian or vehicular
thoroughfares, unless otherwise prohibited by this chapter or other law.
9. Sidewalks and other pedestrian areas and public places in Downtown San Rafael
accessible to the general public, except while actively passing on the way to
another destination,
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
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Mile to H Street, H Street between Fourth Street and Mission
Avenue, and Mission Avenue between H Street and Hetherton
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.
C. Unless otherwise prohibited by law, smoking is not prohibited in the following
enclosed areas:
1. Smoking is not prohibited in up to twenty percent (20%) of guestroorn
accommodations in a hotel, motel, or similar transient lodging establishment if the
hotel or motel permanently designates particular guestrooms as nonsmoking
rooms such that eighty percent (80%) or more of guestrooms are permanently
nonsmoking and ashtrays and matches are permanently removed from such
nonsmoking rooms. Permanent "No Smoking" signage shall be posted in
nonsmoking guestrooms.
2. Smoking at theatrical production sites, as part of the production and not by
members of the audience, is not prohibited by this subsection if smoking is an
integral part of the story and the use of a fake, prop, or special effect cannot
reasonably convey the idea of smoking in an effective way to a reasonable
member of the anticipated audience.
Smoking inside a retail tobacco store is not prohibited if.
a. The retail tobacco store does not sell edible products, including, for
example, food, water, or drinks, or allow such products to be
consumed on the business premises;
b. The retail tobacco store prohibits minors from entering the store at
all times; and
c. The premises of the retail tobacco store are an independent
freestanding building unattached to any other structure or use,
4. Smoking inside a detached, single-family home is not prohibited, except those
used as a day services center or a child care or health care facility licensed by the
State of California;
5. Smoking inside private vehicles is not prohibited.
D. Notwithstanding any other provisions of this section, nothing in this chapter prohibits
any person, landlord, employer, or non-profit entity with legal control over any
property or facility from declaring the entire property or facility as nonsmoking and
prohibiting smoking on any part of such property or facility, even if smoking is not
otherwise prohibited in that area.
9.04.060 Nonsmoking Buffer Zones
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, except while actively
passing on the way to another destination.
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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, except while
actively passing on the way to another destination.
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.
9.04.070 Smoking Restrictions in New and Existing Units in Duplexes and Multi -
Family Residences
A. All new units of a duplex or multi -family residence are hereby designated
nonsmoking units, including any associated exclusive -use enclosed areas or
unenclosed areas, such as, for example, a private balcony, porch, deck, or patio.
B. All units of a duplex or multi -family residence that are not new units, including any
associated exclusive -use enclosed areas or unenclosed areas, such as, for example, a
private balcony, porch, deck, or patio, are hereby designated nonsmoking units as of
November 14, 2013.
C. Smoking in a designated nonsmoking unit is a violation of this chapter.
9.04.080 Required and Implied Lease Terms for All New and Existing Rental Units in
Duplexes and Multi -Family Residences
A. Every lease or other rental agreement for the occupancy of a new or existing unit in a
duplex or multi -family residence entered into, renewed, or continued month-to-month
after November 14, 2012, shall include the provisions set forth in subsection B below
on the earliest possible date when such an amendment is allowable by law when
providing the minimum legal notice.
B. Every lease or other rental agreement for the occupancy of a new or existing unit in a
duplex or multi -family residence entered into, renewed, or continued month-to-
month after November 14, 2012, shall be amended to include the following
provisions:
1. A clause providing that as of November 14, 2013, it is a material breach of the
agreement to allow or engage in smoking in the unit. Such a clause might state,
"It is a material breach of this agreement for tenant or any other person subject to
the control of the tenant or present by invitation or permission of the tenant to
engage in smoking in the unit as of November 14, 2013."
2. A clause providing that it is a material breach of the agreement for tenant or any
other person subject to the control of the tenant or present by invitation or
permission of the tenant to engage in smoking in any common area of the
property other than in a designated outdoor smoking area. Such a clause might
state, 1t is a material breach of this agreement for tenant or any other person
subject to the control of the tenant or present by invitation or permission of the
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tenant to engage in smoking in any common area of the property, except in an
outdoor designated smoking area, done exists."
3. A clause providing that it is a material breach of the agreement for tenant or any
other person subject to the control of the tenant or present by invitation or
permission of the tenant to violate any law regulating smoking while anywhere on
the property. Such a clause might state, "It is a material breach of this agreement
for tenant or any other person subject to the control of the tenant or present by
invitation or permission of the tenant to violate any law regulating smoking while
anywhere on the property."
4. A clause expressly conveying third -party beneficiary status to all occupants of the
multi -family residence as to the smoking provisions of the agreement. Such a
clause might state, "Other occupants of the property are express third -party
beneficiaries of those provisions in this agreement that concern smoking. As such,
other occupants of the property may seek to enforce such provisions by any
lawful means, including by bringing a civil action in a court of law."
C. Whether or not a landlord complies with subsections A and B above, the clauses
required by those subsections shall be implied and incorporated by law into every
agreement to which subsections A or B apply and shall become effective as of the
earliest possible date on which the landlord could have made the insertions pursuant
to subsections A or B.
D. A tenant who breaches a smoking provision of a lease or other rental agreement for
the occupancy of a unit in a duplex or multi -family residence, or who knowingly
permits any other person subject to the control of the tenant or present by invitation or
permission of the tenant, shall be liable for the breach to:
1. The landlord; and
2. Any occupant of the premises who is exposed to smoke or who suffers damages
as a result of the breach.
E. Failure to enforce any smoking provision required by this chapter shall not affect the
right to enforce such provision in the future, nor shall a waiver of any breach
constitute a waiver of any subsequent breach or a waiver of the provision itself.
9.04.090 Designated Smoking Areas
Multi -family residences, duplexes, places of employment, City owned or controlled
public place, and public events may designate an outdoor area where smoking is permitted if the
area meets all of the following criteria:
A. The area is located at least 20 feet from any unit or enclosed area where smoking is
prohibited by this chapter or other law; by binding agreement relating to the
ownership, occupancy, or use of real property; or by designation of a person with
legal control over the premises. A designated smoking area may require modification
or elimination as laws change, as binding agreements are created, and as nonsmoking
areas on neighboring premises are established.
B. The area does not include, and is at least 100 feet from, unenclosed areas primarily
used by children and unenclosed areas with improvements that facilitate physical
activity including, for example, playgrounds, swimming pools, and school campuses;
C. The area includes no more than ten percent (10%) of the total unenclosed area of the
multi -family residence for which it is designated;
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D. The area has a clearly marked perimeter;
E. The area is identified by conspicuous signs;
F. The area is completely within an unenclosed area; and
G. The area does not overlap with any enclosed or unenclosed area in which smoking is
otherwise prohibited by this chapter or other provisions of this Code, state law, or
federal law.
H. Notwithstanding anything in this section to the contrary the city manager may in his
or her discretion establish a designated smoking area in any publicly owned or
operated public place in any appropriate location in or on a City owned or controlled
public place.
9.44.100 Smoking Prohibited by Law in Units and Common Areas
A. Smoking in a common area, on or after November 14, 2012, other than in a
designated smoking area established pursuant to Section 9.04.050(B)(5), is a violation
of this chapter.
B. Smoking in a new unit of a duplex or a multi -family residence, on or after November
14, 2012, is a violation of this chapter.
C. Smoking in a unit of a duplex or a multi -family residence that is not a new unit, on or
after November 14, 2013, is a violation of this chapter.
9.04.110 Other Requirements and Prohibitions
A. No person, landlord, or employer shall knowingly permit smoking in an area which is
under his or her legal or de facto control and in which smoking is prohibited by this
chapter, unless otherwise required by state or federal law.
B. Section 9.12.034 of this Municipal Code prohibits littering Citywide. Therefore, no
person shall dispose of used smoking or tobacco product waste in or upon any street,
sidewalk or other public place within the City of San Rafael.
C. A person, landlord, or employer who has legal or de facto control of premises in
which smoking is prohibited by this chapter shall post on those premises a clear,
conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of
ingress to the area where smoking is prohibited, and in at least one other conspicuous
point within that area. "No Smoking" signs are not required inside or at doorways of
designated nonsmoking units, except in hotel or motel guestrooms as required in
9.04.050(C)(1). The signs shall not exceed five (5) square feet in area; shall have
letters of no less than one inch in height and shall include the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a red bar across it). Signs posted on the exterior of
buildings to comply with this section shall include any buffer zone requirement set
forth in Section 9.04.060. At least one sign with the County of Marin phone number
where complaints can be directed must be conspicuously posted in each place in
which smoking is prohibited. For purposes of this section, the city manager or his/her
designee shall be responsible for the posting of signs required in facilities owned or
leased in whole or in part by the City, in such locations as may be determined by and
in the sole discretion of the city manager or his/her designee. Notwithstanding this
provision, the presence or absence of signs shall not be a defense to a charge of
smoking in violation of any other provision of this chapter.
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D. No person, landlord, or employer shall intimidate, threaten any reprisal, or effect any
reprisal, for the purpose of retaliating against another person who seeks to attain
compliance with this chapter. Moreover, no person shall intentionally or recklessly
expose another person to Smoke in response to that person's effort to achieve
compliance with this chapter.
9.04.120 Enforcement and Penalties
Any violation of this chapter shall be, and the same is hereby declared to be, unlawful
and a public nuisance, and shall be enforceable pursuant to Chapters 1.40, 1.42, 1.44, or 1.46 of
this code, or by any other judicial and administrative penalties and remedies available to the City
under State Law. Each instance of smoking in violation of this chapter shall constitute a separate
violation. For violations other than for smoking, each day of a continuing violation of this
chapter shall constitute a separate violation. The remedies provided by this chapter are not
intended to preclude any other remedy available at law or in equity.
9.04.130 Other Applicable Laws
This chapter shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
DIVISION 2:
Chapter 8.14 of the San Rafael Municipal Code entitled "indoor Air and Health
Protection" is hereby repealed in its entirety.
DIVISION 3:
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 4:
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 5:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
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This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
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GA O. ILL Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1908 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, the I st day of October 2012, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
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 15th day of October, 2012.
ESTHER C. BEIRNE, City Clerk
Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS, 1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004659758
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
10(1812012
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 5th day of November, 2012.
[1
Signature
Legal No. 0004659758
SUMMARY OF ORDINANCE NO, 1908
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL REPEALING SAN RAFAEL
MUNICIPAL CODE (SRMC) CHAPTER 8.14 ENTI-
TLED "INDOOR AIR AND HEALTH PROTECTION"
AND ADDING A NEW CHAPTER 9.04 ENTITLED
"CLEAN INDOOR AND OUTDOOR AIR AND
HEALTH PROTECTION."
This Summary concerns a proposed ordinance
of the City Council of the City of San Rafael.
designated as Ordinance No. 1968, which will
amend the San Rafael Municipal Code by
repealing Chapter 8.14 entitled "Indoor Air and
Health Protection" and adding new Chapter
9,04 entitled "Clean Indoor and Outdoor Air and
HealthProtection", as detailed in the complete
text of Grdinance No. 190& Ordinance No. 1,908
is scheduled for adoption by the San Rafael Cityy
Council at its regular meeting of October 15,
2011 The City Clerk has been directed to pub-
lish this Summary pursuant to City Charter and
California Government Code section
36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL
CODE
The City currently prohibits tobacco, smoking in
certain enclosed public areas and places of em-
ployment, and in outdoor areas immediately
adjacent to entrances or exits of buildings
where smoking is prohibited. This Ordinance
viould amend those regulations to protect the
events, recreation areas, open space, service
areas, dining areas, on all sidewalks and pedes-
trian areas and public places 'such as plazas or
pascos) in Downtown. and within 20 feet of a
working road or building and construction
crew. In addition, the Ordinance would amend
existing regulations to prohibit smoking in du-
plex and multifamily residential dwelling units
(as defined in the Ordinance) as well as indoor
and outdoor common areas of these properties,
The Ordinance would allow residential proper-
ties, places of employment, community cen-
ters, and public events to create designated
smoking areas provided that they conform to a
set of criteria.
For a copy of the complete text of ordinance
No, 1908, please contact the City Clerk at (415)
4s5-3466, Co�yfes of Ordinance No.1908,will also
be available for public rev iew as of Wednesday,
October 10, 2012, at the San Rafael City Clerk's
Office. 1404 Fifth Avenue, 2nd Floor, Room 209
during regular business hours, 8:30 a.m. to 5;00
p.m.
/s! Esther C. Bonne
ESTHER C. BE€RNE
San Rafael City Clerk
Dated: October 10, 2012
CLERKS CERTIFICATE
1, ESTHER C. BEIRNE, Clerk of the City of San Ra-
fael. and Ex -Officio Clerk of the
Council of said City, do hereby certify that the
foregoing:
ORDINANCE NO. 1908
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL REPEALING SAN RAFAEL MU-
NICIPAL CODE (SRMC) CHAPTER 8,14 ENTITLED
"INDOOR AIR AND HEALTH PROTECTION" AND
ADDING A NEW CHAPTER 9.04 ENTITLED
"CLEAN INDOOR AND OUTDOOR AIR AND
HEALTH PROTECTION"
is a true and correct copy, of an Ordinance of
said City, and vias introduced at a REGULAR
meeting of the City Council of the City of San
Rafael. held on the 1st day of Ober, 2012: a
SUMMARY of Ordinance No, 1908 was published
as re Llired f yy City Charter in the MARIN INDE
PENDENT 16URNAC, a neo^vspaper published in
the City of San Rafael, and passed and adot{�ted
as an Ordinance of said Ci ata REGUAR
meeting of the City Council of said Cite, held on
the 15th day of October, 2012, by the fo#ksving
'tithe., to vin:
AYES:COUNCILP. DABERS; Connolly, Heller,
Levine. McCullough 3 Mayor Phillips
NOES: C7UNCILIviENIBERS; None
ABSENTOOUNCILMEMFERS: Nome
WITNESS my hand and the. official
Seal of the City of San Rafael this
15h clay of October, 2012
.......................
ESTHER C. BEIRNE
City Clerk
NO. 1615 OCT, V8,2012