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HomeMy WebLinkAboutOrdinance 1344 (Smoking Prohibited in Certain Areas)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1344 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 8 "MORALS AND CONDUCT" OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.14 "SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS" 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 sixth day of August , 1979, published as required by City Charter in the Independent -Journal a newspaper printed and 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 twentieth day of August , 1979, by the following vote, to wit: 0 AYES: COUNCILMEMBERS:Breiner, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEMBERS:Jensen ABSENT: COUNCILMEMBERS:None WITNESS my hand and the official seal of the City of San Rafael this 24th day of Auvust , 1979• �c� �MLE4�INI, City Clerk ORDINANCE NO. 1344 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 8 "MORALS AND CONDUCT" OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.14 "SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS" THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 8 of the San Rafael Municipal Code, is amended by adding a new Chapter 8.14 "Smoking Prohibited in Certain Public Areas" to read in its entirety as follows: CHAPTER 8.14 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS Section 8.14.010 Purpose of Chapter. 8.14.020 Definitions. 8.14.030 Prohibition in Certain Public Places. 8.14.040 Optional Prohibition. 8.14.050 Posting of Signs. 8.14.060 Governmental Agency Cooperation. 8.14.070 Exceptions. 8.14.080 Enforcement and Appeal. 8.14.090 Violations and Penalties. 8.14.100 Education for No -Smoking Program. 8.14.010 Purpose of Chapter. 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 Chapter is to prohibit the smoking of tobacco, or any other weed or plant, in certain areas which are used by or open to the public. 8.14.020 Definitions. "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. "Service line" or "service counter" shall be defined as any indoor line or counter of which two (2) or more people are involved in waiting for, receiving or giving service of any kind, regardless of whether or not such service involves the exchange of money. Such service shall include, but is not limited to, sales, giving of information, directions or advice, and transfers of money or goods. The "service line" or "service counter" provisions shall not apply to restaurants. ORDINANCE NO. 1344 8.14.030 Prohibition in Certain Public Places. Smoking shall be prohibited in the following places within the City of San Rafael to the extent the same are subject to the juris- diction or licensing by the City of San Rafael: a. Elevators, museums, galleries, public transportation facilities open to the public, and service lines of establishments doing business with the general public. b. Waiting rooms, or public hallways of every private or public health care facility, including but not limited to hospitals; provided further, however, that this prohibition shall not prevent the establishment of a separate waiting room in which smoking is permitted as long as there also exists a waiting room in the same facility in which smoking is prohibited. This prohibition shall not apply to private rooms or psychiatric facilities. Health care facilities also must provide nonsmoking sleeping rooms upon the request of any patient or his physician at the time such patient is being admitted to the facility. C. In the area of the pharmacy counter of any store where people are waiting for or receiving medical prescriptions or like medication. d. Within waiting rooms, meeting rooms, public assembly rooms, libraries and restrooms located in all buildings owned or operated by the City of San Rafael, except in lobbies and in zones designated for smoking by the City Manager. Such smoking zones shall not exceed twenty percent (20%) of the seating capacity of each room or area. e. Within any building not open to the sky which is pri- marily used for or designed for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar per- formance whenever open to the public (except when smoking is a part of a stage production); within all restrooms; except that smoking will be allowed in an area commonly referred to as a lobby if such lobby is physically separated from the spectator area. f. Retail food production and marketing establishments, including grocery stores and supermarkets open to the public. Such - 2 - ORDINANCE NO. 1344 establishments shall be posted with signs prohibiting smoking in every public portion thereof. "No Smoking" signs shall be specifi- cally placed so that they are clearly visible to persons upon en- tering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. This re- quirement does not apply to restaurants. g. All restrooms open for public use. h. Smoking shall be prohibited within every publicly or privately owned restaurant, coffeeshop, cafeteria, short-order cafe, luncheonette, sandwich stand, soda fountain or other eating establishment serving food to the general public whose occupied capacity is 20 or more persons: provided, however, that this prohibition against smoking shall not apply within any such establish- ment maintaining a contiguous "no smoking" area of not less than twenty percent (20%) of the seating capacity and of the floor space in which customers are served. Nor shall this prohibition against smoking apply to banquet rooms in use for private functions. Section 8.14.040 Optional Prohibition. All managers and owners of any establishments serving or doing business with the pub- lic other than those specifically covered under Section 8.14.030 may at their discretion post "No Smoking" signs within various areas of their businesses and utilize the full right of the provi- sions of this Chapter. Section 8.14.050 Posting of Signs. Signs which desig- nate smoking or no -smoking areas established by this Ordinance shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place so covered by this Ordinance. 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 Ordinance. - 3 - ORDINANCE NO. 1344 Section 8.14.060 Governmental Agency Cooperation. The City Manager shall annually request such governmental and educational agencies involved with their specific business within the City of San Rafael to establish local operating procedures to cooperate and comply with this Ordinance. In Federal, State, County, and special school districts within the City of San Rafael, the City Manager shall urge enforcement of their existing no -smoking prohibitions and request cooperation with this Ordinance. Section 8.14.070 Exceptions. a. Smoking shall be permitted in any room in which it is otherwise prohibited herein if the owner, operator, manager or other person having control of such room files with the City Manager a written statement from a mechanical engineer registered in the State of California, certifying that such room is ventilated with a mechanical ventilation system which complies with one of the following: 1. An outdoor air change of at least twenty-five (25) cubic feet per minute, per occupant, the occupant load to be determined in accordance with Section 3301(d) of the 1976 Uniform Building Code, on file with the City Clerk, or 2. A system utilizing filters which achieve eighty percent (80%) efficiency, as described in National Bureau of Stand- ards dust spot method, or other equipment which is equally effec- tive. Such system shall have sufficient capacity to process the air content of the room served every fifteen (15) minutes, or less. b. The above ventilation exceptions shall not apply to the following areas where smoking is to be absolutely prohibited: elevators, restaurants as regulated in 8.14.030(h), service lines, public transportation facilities open to the public, public health care facilities as regulated in Section 8.14.030(b), theaters as regulated in Section 8.14.030(e), and restrooms open to public use. C. In ventilated areas as herein described, the smoking area shall be separated from the non-smoking area and shall not exceed fifty percent (50%) of the seating capacity. ORDINANCE NO. 1344 Section 8.14.080 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 San Rafael are involved. The City Manager shall provide business license applicants with copies of this Chapter. b. The owner, operator or manager of any facility, busi- ness or agency shall post or cause to be posted all "No Smoking" signs required by this Chapter. Section 8.14.090 Violations and Penalties. Any person who violates any provision of this Chapter by smoking in a posted "No Smoking" area, or by failing to post or cause to be posted a "No Smoking" sign required by this Chapter, is guilty of an infraction and, upon convidtion thereof, shall be punished by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100). Section 8.14.100 Education for No -Smoking Program. The City Manager shall engage in a continuing program to inform and clarify the purposes of this Chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. DIVISION 2. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. 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 - 5 - ORDINANCE NO. 1344 sections, subsections, sentences, clauses, or phrases be declared invalid. LAWRENCE E. MULRYAN, Mayor Attest: r„ JE M. LEONCINI, ity Clerk The foregoing Ordinance No. 1344 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 6th day of Aueust , 1979, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEMBERS: Jensen 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 20th day of Aug-ust , 1979• YJANNE'�M. LEONCINI, City Clerk 6 - 27 A/27-30