HomeMy WebLinkAbout2007/01/09 Item 9
;:;} \ f? CITY OF
'';::.!..- (HULA VISTA
Insert Date Here Item_
ITEM TITLE:
CONSIDERATION OF AN ORDINANCE OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE TO PROHIBIT SMOKING WITHIN Flnv (50) FEET OF
THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND
TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE
THE CHAPTER PROVISIONS CONSISTENT
CITY ATTORNEY~
CITY A TTORNEY~
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
See Discussion.
ENVIRONMENTAL REVIEW
N/A
RECOMMENDATION
That Council amend the Chula Vista Municipal Code to prohibit smoking within fifty
(5) feet of the entrance to any eating establishment, and to make other revisions as
necessary to make the chapter provisions consistent.
BOARDS/COMMISSION RECOMMENDATION
N/A
DISCUSSION
The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public places and
places of employment. The regulations include, but are not limited to, retail stores, retail
service establishments, theatres, educational facilities, and restaurants. In June 2006,
Council adopted Ordinance Number 3034, which extended the prohibition on smoking in
the indoor areas of restaurants to include the outdoor seating areas of restaurants. In
October 2006, Council adopted Ordinance Number 3046, which added a provision
prohibiting smoking in City parks.
9-1
.
Date, !tem_
Page 2 0[2
During discussions at these meetings, Councilmember Castenada requested that the City
Attorney bring forward an additional amendment to the Chapter that would prohibit
smoking within fifty (50) feet of any entrance to an eating establishment.
Additionally, as a result of the amendments, a number of clerical changes need to be
made. Section 8.22.030 has been renumbered to accommodate the additional
prohibitions. The changes have also made some of the existing language obsolete or
redundant so it has been removed.
Finally, because state law has addressed some issues not addressed by the City's
ordinance, changes have been made to conform with state law.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500-foot rule found in California Code of
Regulations section 1 8704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
None.
ATTACHMENTS
None.
Prepared by: Sharon Marshall, Senior Assistant City Attorney, Attorney
9-2
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING
WITHIN FIFTY (50) FEET OF THE ENT~CE TO ANY
EATING ESTABLISHMENT, AND TO MAKE OTHER
REVISIONS AS NECESSARY TO MAKE THE CHAPTER
PROVISIONS CONSISTENT
WHEREAS, The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public
places and places of employment; and
WHEREAS, the regulations include, but are not limited to, retail stores, retail service
establishments, theatres, educational facilities, and restaurants; and
WHEREAS, in June 2006, Council adopted Ordinance Number 3034, which extended the
prohibition on smoking in the indoor areas of restaurants to include the outdoor seating areas of
restaurants
WHEREAS, in October 2006, Council adopted Ordinance Number 3046, which added a
provision prohibiting smoking in City parks; and
WHEREAS, during discussions at these meetings, Councilmember Castenada requested
that the City Attorney bring forward an additional amendment to the Chapter that would prohibit
smoking within fifty (50) feet of any entrance to an eating establishment; and
WHEREAS, as a result of the amendments, a number of clerical changes need to be
made; and
WHEREAS, Section 8.22.030 has been renumbered to accommodate the additional
prohibitions; and
WHEREAS, the changes have also made some of the existing language obsolete or
redundant so it has been removed; and
WHEREAS, because state law has addressed some issues not addressed by the City's
ordinance, changes have been made to conform with state law.
9-3
T
Ordinance No.
Page 2
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Chapter 8.22 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 8.22
REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF
EMPLOYMENT
8.22.010 Purpose.
NO CHANGES.
8.22.020 Defmitions.
NO CHANGES.
8.22.030 Prohibitions.
--1h.No person shall smoke in a public place or place of employment, except in designated
smoking areas. (Ord. 2086 S 1, 1984).
8.22.03$ Prehibiti08 08 sffioki8g i8 diBiDg areas.
.JLNo person shall smoke in the dining area of any restaurant or establishment where people
eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. (Ord.
3035,2006).
C. No person shall smoke within fifty (50) feet of anv entrance to anv restaurant or
establishment where people eat.
D. No person shall smoke in anv portion of Friendship Park.
E. No person shall smoke in any portion ofIndependence Park and Rancho del Rev Park.
F. No person shall smoke in any portion of Memorial Park and Discoverv Park.
G. No person shall smoke in any portion of all City parks except Friendship Park.
Independence Park. Rancho del Rev Park. Memorial Park. and Discoverv Park.
8.22.040 Designation of smoking areas.
_A. 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, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms,
elevators, pharmacies, libraries, museums or galleries which are open to the public or any other
9-4
Ordinance No.
Page 3
place where smoking is prohibited by the fIre marshal or by other 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 within existing facilities
to the maximum extent possible, but employers are not required to incur any expense to make
structural or other physical modifIcations in providing these areas. An employer who in good
faith develops and promulgates a policy regarding smoking and nonsmoking in the work place
shall be deemed to be in compliance with this section; provided, that a policy which designates
an entire work place as a smoking area shall not be deemed a good faith policy.
Restaufimts covered by tae ]lreyisioHs of this chapter shall desigHate aH adequate amoUHt of
seating eapacity to suffIeiently meet E1emands ana shall imom all ]latrsH5 that a no smoldRg
section is provided. No public place other than the ones enumerated in CVMC 8.22.070 shall be
designated as a smoking area in its entirety.
_B. Notwithstanding any other provision of this chapter, any facility or area may be designated
in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 2086 ~ 1, 1984).
8.22.050 Posting of signs.
NO CHANGES.
8.22.060 Governmental agency cooperation.
The eCity mManager shall annually request 5<l6fithat governmental and educational agencies
in'lob'ea withwho conduct their specifIc business within the e~ity of Chula Vista te-establish
local operating procedures to cooperate and comply with this chapter. In federal, state, county
and special school districts within the e~ity of Chula Vista, the eCity mManager shall urge
enforcement of their existing no-smoking prohibitions and request cooperation with this chapter.
(Ord. 2086 ~ 1, 1984; Ord. 1642 ~ 1, 1975).
8.22.070 Exceptions.
_A. No-smoking areas are not required in 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, l7afs,stores that deal exclusively in tobacco
products and accessories, and restaurants or eating establishments with a seatiag capacity of less
than 20 \lersoassmoking lounges as that term is defIned in Government Code section 7596.
B. Restaurants or eatiag establishments ',vith a seating capacity of less Ihm, 20 persoas shallhu'ie
the sption of E1esignatiag a ao smoldng section or allowiag or prohibiting smoking thrOUghOlft
the establishmeat.
G.l!. Any owner or manager of a business or other establishment subject to this chapter may
apply to the city council for an exemption or modifIcation of the provisions of this chapter due to
unique or unusual circumstances or conditions. (Ord. 2086 ~ 1, 1984; Ord. 1642 ~ 1, 1975).
9-5
Ordinance No.
Page 4
8.22.080 Enforcement and appeal.
_A. The e~ity mManager shall be responsible for compliance with this chapter when facilities
which are owned, operated or leased by the eCity of Chula Vista are involved. The eCity
mManager shall provide business license applicants with copies <;Jf this chapter.
_B. The owner, operator or manager of any facility, business or agency shall post or cause to be
posted all "No Smoking" signs required by this chapter. Owners, operators, managers or
employees of samecovered entities shall be required to orally inform persons violating this
chapter of the provisions thereof the chapter. The duty to inform such violator shall arise when
such owner, operator, manager or employee sf same becomes aware of SHefithe violation.
_C. It shall be the responsibility of employers to disseminate information covering the provisions
of this chapter to employees. (Ord. 2086 S 1, 1984; Ord. 1642 S 1, 1975).
8.22.090 Violations and penalties.
Any person who violates any provision of this chapter by smoking in a posted "ENo s.s.moking"
area, or by failing to post or cause to be posted a "No Smoking" sign required by this chapter, or
by a knowing failure to inform any person who violates the provisions of this chapter, when such
duty to inform arises, as set forth in CVMC 8.22.080(B), is guilty of an infraction. (Ord. 2086
S I, 1984; Ord. 1642 S 1, 1975).
8.22.100 Education for no-smoking program.
The e~ity mManager 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.
The eCity shall leave the responsibility of conducting a public education campaign, regarding the
health-degrading aspects of smoking, to other governmental and health agencies equipped with
the needed expertise to conduct such campaign. (Ord. 1642 S 1, 1975).
8.22.110 Severability.
If any provision, clause, sentence or paragraph of this chapter, or the application thereof this
chapter to any person or circumstances, shall be held invalid, such invalidity shall not affect the
other provisions or application of the provisions of this chapter which can be given effect
without the invalid provision or application, and to this end, the provisions of this chapter are
hereby declared to be severable. (Ord. 2086 S 1, 1984; Ord. 1642 S 1, 1975).
9-6
Ordinance No.
Page 5
SECTION II: This ordinance shall take effect and be in full force and effect upon its second
reading and adoption.
Presented by
Approved as ~o form by
~~~~~~\-
Ann Moore
City Attorney
~k~~\'l~~
Ann Moore
City Attorney
J:\Attomey\SharonM\Ordinances\Smoking outside eatery entrances (RL-SOL 0 I.09-Q7.doc
9-7
.
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING
WITHIN FIFTY (SO) FEET OF THE ENTRANCE TO ANY
EATING ESTABLISHMENT, AND TO MAKE OTHER
REVISIONS AS NECESSARY TO MAKE THE CHAPTER
PROVISIONS CONSISTENT
WHEREAS, The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public
places and places of employment; and
WHEREAS, the regulations include, but are not limited to, retail stores, retail service
establishments, theatres, educational facilities, and restaurants; and
WHEREAS, in June 2006, Council adopted Ordinance Number 3034, which extended the
prohibition on smoking in the indoor areas of restaurants to include the outdoor seating areas of
restaurants
WHEREAS, in October 2006, Council adopted Ordinance Number 3046, which added a
provision prohibiting smoking in City parks; and
WHEREAS, during discussions at these meetings, Councilmember Castenada requested
that the City Attorney bring forward an additional amendment to the Chapter that would prohibit
smoking within fifty (SO) feet of any entrance to an eating establishment; and
WHEREAS, as a result of the amendments, a number of clerical changes need to be
made; and
WHEREAS, Section 8.22.030 has been renumbered to accommodate the additional
prohibitions; and
WHEREAS, the changes have also made some of the existing language obsolete or
redundant so it has been removed; and
WHEREAS, because state law has addressed some issues not addressed by the City's
ordinance, changes have been made to conform with state law.
9-8
Ordinance No.
Page 2
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1: That Chapter 8.22 of the Chula Vista Municipal Code is hereby amended to read
as follows:
Chapter 8.22
REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF
EMPLOYMENT
8.22.010 Purpose.
NO CHANGES.
8.22.020 Definitions.
NO CHANGES.
8.22.030 Prohibitions.
A. No person shall smoke in a public place or place of employment, except in designated
smoking areas. (Ord. 2086 S 1, 1984).
B. No person shall smoke in the dining area of any restaurant or establishment where people
eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. (Ord.
3035, 2006).
C. No person shall smoke within fifty (50) feet of any entrance to any restaurant or
establishment where people eat.
D. No person shall smoke in any portion of Friendship Park.
E. No person shall smoke in any portion ofIndependence Park and Rancho del Rey Park.
F. No person shall smoke in any portion of Memorial Park and Discovery Park.
G. No person shall smoke in any portion of all City parks except Friendship Park,
Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park.
8.22.040 Designation of smoking areas.
A. 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, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms,
elevators, pharmacies, libraries, museums or galleries which are open to the public or any other
place where smoking is prohibited by the fire marshal or by other law, ordinance or regulation.
9-9
Ordinance No.
Page 3
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 within existing facilities
to the maximum extent possible, but employers are not required tQ incur any expense to make
structural or other physical modifications in providing these areas'. An employer who in good
faith develops and promulgates a policy regarding smoking and nonsmoking in the work place
shall be deemed to be in compliance with this section; provided, that a policy which designates
an entire work place as a smoking area shall not be deemed a good faith policy.
No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a
smoking area in its entirety.
B. Notwithstanding any other provision of this chapter, any facility or area may be designated
in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 2086 9 I, 1984).
8.22.050 Posting of signs.
NO CHANGES.
8.22.060 Governmental agency cooperation.
The City Manager shall annually request that governmental and educational agencies who
conduct their specific business within the City ofChula Vista establish local operating
procedures to cooperate and comply with this chapter. In federal, state, county and special school
districts within the City ofChula Vista, the City Manager shall urge enforcement of their existing
no-smoking prohibitions and request cooperation with this chapter. (Ord. 2086 9 I, 1984; Ord.
16429 I, 1975).
8.22.070 Exceptions.
A. No-smoking areas are not required in individual private offices, hotel and motel meeting and
assembly rooms rented to guests, areas and rooms while in use for private social functions,
psychiatric facilities, jails, stores that deal exclusively in tobacco products and accessories, and
smoking lounges as that term is defined in Government Code section 7596.
B. Any owner or manager of a business or other establishment subject to this chapter may apply
to the city council for an exemption or modification of the provisions of this chapter due to
unique or unusual circumstances or conditions. (Ord. 2086 9 I, 1984; Ord. 1642 S I, 1975).
8.22.080 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 Chula Vista are involved. The City Manager
shall provide business license applicants with copies of this chapter.
B. The owner, operator or manager of any facility, business or agency shall post or cause to be
posted all "No Smoking" signs required by this chapter. Owners, operators, managers or
employees of covered entities shall be required to orally inform persons violating this chapter of
9-10
T'
Ordinance No.
Page 4
the provisions of the chapter. The duty to inform such violator shall arise when such owner,
operator, manager or employee becomes aware of the violation.
C. It shall be the responsibility of employers to disseminate information covering the provisions
ofthis chapter to employees. (Ord. 2086 S 1,1984; Ord. 1642 S r, 1975).
8.22.090 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, or
by a knowing failure to inform any person who violates the provisions of this chapter, when such
duty to inform arises, as set forth in CVMC 8.22.080(B), is guilty of an infraction. (Ord. 2086
S 1, 1984; Ord.1642 S 1, 1975).
8.22.100 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.
The City shall leave the responsibility of conducting a public education campaign, regarding the
health-degrading aspects of smoking, to other governmental and health agencies equipped with
the needed expertise to conduct such campaign. (Ord. 1642 S 1,1975).
8.22.110 Severability.
If any provision, clause, sentence or paragraph of this chapter, or the application of this chapter
to any person or circumstance, shall be held invalid, such invalidity shall not affect the other
provisions or application of the provisions of this chapter which can be given effect without the
invalid provision or application, and to this end, the provisions of this chapter are hereby
declared to be severable. (Ord. 2086 S 1, 1984; Ord. 1642 S 1,1975).
SECTION II: This ordinance shall take effect and be in full force and effect upon its second
reading and adoption.
Presented by
Approved as to form by
~~"< CN\.\\.\'\~~\ \,
Ann Moore
City Attorney
~'l~~~~~
Ann Moore
City Attorney
J:\Attomey\SharonM\Ordinances\Smoking outside eatery entrances (CLEAN)_ OI.09.07.doc
9-11