HomeMy WebLinkAboutMINUTES - 04091991 - S.4 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
The following item(s) ,
was(were) brought to the attention of Board members after the;
agenda was posted. The Board by unanimous vote agreed on the need
to take action.
r ,
BOARD OF SUPERVISORS
FROM: Supervisor Robert I . Schroder Contra
District Three Costa
DATE: April 9, 1991 Courty
SUBJECT: CONSIDERATION OF THE CITY OF WALNUT CREEK'S PROPOSED
SMOKING ORDINANCE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
IT IS BY THE BOARD ORDERED that the County Administrator is
instructed to secure a copy of the City of Walnut Creek' s proposed
Smoking Ordinance and that said Ordinance is referred to the Contra
Costa County Mayors ' Conference for consideration by the rest of
the seventeen cities in Contra Costa County.
Background:
Numerous people have contacted me declaring the Ordinance to
be unfair and causing economic hardship if the Ordinance is passed.
It has been requested that, if the Smoking Ordinance is passed in
Walnut Creek, it be enacted in all Contra Costa County cities and
in the unincorporated areas of the County.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): �/ y
ACTION OF BOARD ON _April 9, 991 APPROVED AS RECOMMENDED X X
OTHER
In addition to the above recommendation, as requested by Supervisor McPeak, the Board
also REFERRED the' proposed draft of the amendment to the County's Smoking Ordinance to the
Contra Costa County Mayors Conference for consideration with the draft Walnut Creek ordinance.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT II AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC'. County Administrator ATTESTED ___ April 9, 1991 __
PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382; 7-83 BY _,DEPUTY
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 (SMOKING IN PUBLIC PLACES
AND THE WORK PLACE) TO TITLE 5 (SANITATION AND HEALTH) OF
THE WALNUT CREEK MUNICIPAL CODE
The City Council of the City of Walnut Creek does ordain as
follows:
Section 1. Title 5 (Sanitation and Health) of Chapter 4
(Smoking in Public Places and in the Work Place) of the Walnut
Creek Municipal Code is hereby amended to read as follows:
CHAPTER 4. PROHIBITION OF SMOKING
Sec. 5-4 . 101. Purpose and Findings.
The City Council of the City of Walnut Creek hereby finds as
follows:
(a) Numerous studies have found that tobacco smoke is a
major contributor to indoor air pollutions; and
(b) Reliable studies have shown that breathing sidestream or
secondhand. smoke is a significant health hazard for certain
population groups, including children, elderly people, individuals
with cardiovascular disease, and individuals with impaired
respiratory function, including asthmatics and those with
obstructive airway disease; and
(c) Health hazards induced by breathing sidestream or
secondhand smoke include lung cancer, respiratory infection,
decreased exercise tolerance, decreased respiratory function,
bronchoconstriction, and bronchospasm; and
(d) Non-smokers with allergies, respiratory diseases and
those who suffer other ill effects of breathing sidestream or
secondhand smoke may experience a loss of job productivity or may
be forced to take periodic sick leave because of adverse reactions
to same; and
(e) Ease of accessibility to tobacco and tobacco-related
products through cigarette vending machines mustbe diminished in
order to promote smoke-free environments; and
(f) The smoking of tobacco, or any other weed or plant, is a
proven danger to health.
Accordingly, it has been determined that the health, safety and
general welfare of the residents of, persons employed in, and
persons who frequent this City would be benefited by the
regulation of smoking in designated enclosed places, including
places of employment.
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Sec. 5-4. 102 . Definitions.
The following words and phrases, whenever used in this
ordinance, shall be construed as hereafter set out, unless it
shall be apparent from the context that they have a different
meaning.
(a) "Bar" means an area which is devoted to the serving of
alcoholic beverages and in which the service of food is only
incidental to the consumption of such beverages. The dining area
of a restaurant used primarily for the serving and consumption of
food shall not constitute a "bar" , even though alcoholic beverages
may be served therein.
(b) "Employee" means any person who is employed by any
employer in consideration for direct or indirect monetary wages or
profit.
(c) "Employer" means any person, partnership, corporation,
or other entity including a municipal corporation, who employs .
the services of more than 2 persons.
(d) "Enclosed" means closed in by a roof and four walls with
appropriate openings for ingress and egress.
(e) "Place of Employment" means any enclosed area which is
occupied by 2 or more employees under the control of an employer
including, but not limited to, work areas, employee lounges,
conference rooms, employee cafeterias, restrooms or any other
rooms or areas utilized primarily for the benefit or use of the
employees. A private residence is not a place of employment
except when it serves as a licensed day care facility for
children.
(f) "Restaurant" means any coffee shop, cafeteria, luncheon-
ette, soda fountain, fast food service and other establishment
where cooked or otherwise prepared food is sold to the public.
The term does not include a cafeteria or lunchroom defined as a
"place of employment" in Sec. 5-4. 102 (e) , whether or not the
general public incidentally frequents the facility.
(g) "Sports Arena" means sports pavilions, gymnasiums,
health spas, boxing areas, swimming pools, roller and ice rinks,
bowling alleys and other similar places where members of the
public assemble to engage in physical exercise, participate in
athletic competition, or witness sports events.
(h) "Smoking" means the carrying or holding of a lighted
pipe, cigar, or cigarette of any kind, or any other lighted
smoking equipment or the lighting or emitting or exhaling the
smoke of a pipe, cigar, or cigarette of any kind.
Sec. 5-4. 103 . Regulation of Smoking in City-owned Facilities.
All enclosed facilities owned by the City of Walnut Creek
shall be subject to the provisions of this article-
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Sec. 5-4 . 104 . Prohibition of Smoking in Designated Enclosed
Places.
Smoking shall be prohibited in the following places within
the City:
(a) All enclosed areas available to and customarily used by
the general public and all businesses patronized by the public,
including, not limited to, retail stores, hotels and motels,
pharmacies, banks, and offices.
(b) Within all restaurants subject to the following:
(1) that no more than 600 of the seating capacity of
the restaurant be designated as a smoking area; or
(2) the providing of separate rooms designated as
smoking rooms, so long as said rooms do not contain more than 600
of the seating capacity of the restaurant; and
(3) commencing October 1, 1991, the owner, manager or
operator of a restaurant shall designate not less than 750 of the
available customer seating as non-smoking;
(4) commencing April 1, 1992, all available customer
seating shall be designated as non-smoking.
Any restaurant that elects to designate a smoking area pursuant .to
subparagraph (1) above may change the boundaries of the
smoking/non-smoking areas at its discretion, provided that at all
times the designated smoking area shall remain a contiguous area
that contains no more than 25% of the seating capacity of the
restaurant until April 1, 1992.
(c) Within all bars, subject to the following limitations:
(1) commencing October 1, 1991, the owner, manager,
operator of a bar shall designate not less than 50% of the
available customer seating as non-smoking;
(2) commencing April 1, 1992, the owner, manager,
operator of a bar shall designate all available customer seating
as non-smoking.
Any bar that elects to designate a smoking area pursuant to
subparagraph (1) above may change the boundaries of the
non-smoking/smoking areas at its discretion, provided that at all
times the designated smoking area shall remain a contiguous area
that contains no more than 500 of the seating capacity of the
restaurant until April 1, 1992 .
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(d) Nothing in this section shall be construed to limit or
restrict an owner, manager or operator of a restaurant from
expanding the non-smoking seating area from the date of enactment
of this ordinance until April 1, 1992.
(e) Waiting rooms, hallways, wards, -and semi-private rooms
of health facilities, including but not limited to, hospitals,
clinics, physical therapy facilities, doctors' offices and
dentists' offices, except that health facilities shall also be
subject to the provisions of section 5-4 . 105 of this ordinance
regulating smoking in places of employment.
(f) Elevators, public restrooms, indoor service lines,
buses, taxicabs and other means of public transit under the
authority of the City, while within the boundaries of the City,
and in ticket, boarding and waiting areas of enclosed public
transit depots; provided, however, that this prohibition does not
prevent:
(1) the establishment of separate waiting areas for
smokers and non-smokers; or
(2) the establishment of at least 400 of a given
waiting area as a smoking area.
(g) In public areas of museums, galleries.
(h) Enclosed theaters, auditoriums, and halls which are used
for motion pictures, stage dramas and musical performances,
ballets or other' exhibitions, or other events open to the general
public, except when smoking is part of any such production.
(i) Retail food marketing establishments, including grocery
stores and supermarkets, except those areas of such establishments
set aside for* the purpose of serving of food and drink, restrooms
and offices, and areas thereof not open to the public, which may
be otherwise regulated by this ordinance.
(j) Sports arenas and convention halls.
(k) Notwithstanding any other provision of this section, any
owner, operator, manager or other person who controls any
establishment described in this section may declare that entire
establishment as a non-smoking establishment.
Sec. 5-4 . 105. Prohibition of Smoking in Places of Employment
(a) Smoking is prohibited in all places of employment
including, but not limited to, open office areas, shared offices,
cubicles, private offices, hallways, restrooms, escalators,
elevators, stairways, lobbies, reception rooms, waiting areas,
classrooms, meeting or conference rooms, and auditoriums, on-site
cafeterias, lunchrooms and lounges.
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(b) All employers shall comply with these non-smoking
provisions and shall be responsible for their implementation in
their places of employment.
(c) "No Smoking" signs shall be posted in the manner
prescribed in Sec. 5-4 . 108.
Section 5-4 . 106. Smoking - Optional Areas.
Notwithstanding any other provisions of this ordinance to the
contrary, the following areas shall not be subject to the smoking
restrictions of this chapter:
(a) Private residences, whether or not the residence is
utilized for office or other business purposes; except where such
residence is utilized as a licensed day care facility for children
and during such time as the residence is used as a day care
facility.
(b) Hotel and motel rooms rented to guests;
(c) Retail stores that deal exclusively in the sale of
tobacco and smoking paraphernalia;
Section 5-4. 107 . Cigarette Vending Machines.
Beginning October 1, 1991, no cigarette or other tobacco
product may be sold, offered for sale, or distributed by or from a
vending machine or appliance.
Section 5-4. 108. Posting Requirements.
"Smoking" or "No Smoking" signs, whichever are appropriate,
with letters of not less than 1" in height or 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) shall be clearly, sufficiently and conspicuously posted in
every building or other place where smoking is controlled by this
chapter, by the owner, operator, manager or other person having
control of such building or other place.
Until April 1, 1992 every restaurant and bar regulated by
this ordinance will have posted at its entrance a sign clearly
stating that a non-smoking section is available, and every patron
shall be asked as to his or her preference if a host or hostess is
employed to seat patrons. After April 1, 1992 , every restaurant
and bar regulated by this ordinance will have posted at its
entrance a sign clearly stating that it is a non-smoking
establishment.
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Sec. 5-4 . 109. Enforcement.
(a) Enforcement shall be implemented by the City Manager or
his or her designee.
(b) Any citizen who desires to register a complaint
hereunder may initiate enforcement with the City Manager, or his
or designee.
(c) Any owner, manager, operator or employer of any
establishment controlled by this article shall have the right to
inform persons violating this article of the appropriate
provisions thereof.
(d) Notwithstanding the above, a private citizen may bring a
legal action for nuisance to enforce this chapter.
Sec. 5-4. 110. Violations.
(a) It shall be unlawful for any person who owns, manages,
operates or otherwise controls the use of any premises subject to
the restrictions of this article to fail to: Properly post signs
required hereunder; properly set aside "No Smoking" areas in
restaurants and bars until April 1, 1992; or comply with any other
requirements of this chapter.
(b) It shall be unlawful for any person to smoke in any area
restricted by the provisions of this chapter.
(c) It shall be unlawful for any employer, owner, operator,
manager or person in charge to permit smoking in the area or.
establishment under his or her control.
Sec. 5-4. 111. Penalties.
Any person who violates any of the provisions of this
ordinance shall be guilty of an infraction and shall be subject to
the following penalties:
(1) $100. 00 for the first offense;
(2) $200. 00 for the second offense in the same year; and
(3) $500. 00- for the third offense in the same year.
Sec. 5-4. 112: Nonretaliation.
No person or employer shall discharge, refuse to hire, or in
any manner, retaliate against any employee or applicant for
employment because such employee or applicant exercises any rights
afforded by this chapter.
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Sec. 5-4 . 113 . Other Applicable Laws.
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
Sec. 5-4 . 114. Governmental Agency Cooperation.
The City Manager, on behalf of the City, shall annually
request other governmental agencies having facilities within the
City to establish local operating procedures in cooperation with
this ordinance. The City Manager shall urge Federal, State,
County agencies and school districts to enforce their existing
smoking regulations and to voluntarily comply with this ordinance.
Section 3 . Effective Date.
This ordinance shall take effect thirty (30) days after its
adoption.
Section 4. Severability Clause.
The City Council declares that each section, subsection,
paragraph, subparagraph, sentence, clause and phrase of this
ordinance is severable and independent of every other section,
subsection, paragraph, subparagraph, sentence, clause and phrase
of this ordinance. If any section, subsection, paragraph,
subparagraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the
remaining provisions of this ordinance irrespective of the portion
held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain .in effect after
the invalid portion has been eliminated.
Section 5. Supersedes Clause.
This ordinance shall supersede Ordinance No. 1683 and any
subsequent amendments thereto.
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