HomeMy WebLinkAboutOrd 2007-3058
ORDINANCE NO. 3058
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING
WITHIN FIFTY (50) 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; and
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.
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:
Ordinance No. 3058
Page 2
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.
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.
No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a
smoking area in its entirety.
Ordinance No. 3058
Page 3
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 of Chula Vista establish local operating
procedures to cooperate and comply with this chapter. In federal, state, county and special school
districts within the City of Chula 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 9 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
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
of this chapter to employees. (Ord. 2086 9 I, 1984; Ord. 16429 I, 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
9 1,1984; Ord. 16429 I, 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.
Ordinance No. 3058
Page 4
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 I, 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 I, 1984; Ord. 1642 S I, 1975).
SECTION II: This ordinance shall take effect and be in full force and effect thirty days after its
second reading and adoption.
Presented by
Approved as to form by
~~~~~~
Ann Moore
City Attorney
~~~^^
Ann Moore '
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 16th day of January 2007, by the following vote:
AYES:
NAYS:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
Councilmembers:
None
ABSENT:
Councilmembers:
None
Chcryl~~1fb
ATTEST:
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Susan Bigelow, MMC, City Cle
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3058 had its first reading at a regular meeting held on the 9th day of January,
2007 and its second reading and adoption at a regular meeting of said City Council held on the
16th day of January 2007.
Executed this 16th day of January 2007.
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Susan Bigelow, MM-C, City C ~