HomeMy WebLinkAbout01/03/1995, C-4 - AMENDMENT TO SECTIONS 8.16.040 AND 8.16.070 OF THE SAN LUIS OBISPO MUNICIPAL CODE PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES.MEETING DATE:
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COUNCIL AGENDA REPORT
FROM: JEFFREY G. JORGENSEN, CITY ATTORNEY
SUBJECT: AMENDMENT TO SECTIONS 8.16.040 AND 8.16.070 OF
THE SAN LUIS OBISPO MUNICIPAL CODE PROHIBITING
SMOKING IN CERTAIN PUBLIC PLACES.
CAO GIVE FINAL PASSAGE TO ORDINANCE NO. 1274,
RECOMMENDATION: AMENDING SECTIONS 8.16.040 AND 8.16.070 OF THE
SAN LUIS OBISPO MUNICIPAL CODE REGARDING
PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES.
DISCUSSION:
On December 13, 1994, the City Council passed to print amendments
of the San Luis Obispo Municipal Code, Chapter 8.16, Sections
8.16.040 and 8.16.070, which strengthen our regulations concerning
places of employment by bringing them into compliance with A.B. 13,
and strengthen the enforcement section.
FISCAL IMPACT
Approval or denial of the proposed ordinance amendments will have
no fiscal impact on the City.
JGJ /sw
Attachments:
Ordinance No. 1274 (1994 Series)
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ORDINANCE NO. 1274 (1994 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTIONS 8.16.040 AND 8.16.070 OF THE SAN LUIS OBISPO
MUNICIPAL CODE PROHIBITING SMOKING IN
CERTAIN PUBLIC PLACES
NOW THEREFORE, BE IT ORDAINED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. Section 8.16.040 is hereby amended by adding
Section (F) to read as follows:
118.16.040 Regulation of smoking in the workplace.
"F. Notwithstanding any other provision of this section, if
any provision of this section conflicts with, or differs from,
the standards established by Labor Code Section 6404.5, as it
may from time to time be amended, then the most restrictive
standard, whether from this section or Labor Code Section
6404.5, shall apply. It is the intent of the Council that
this section be interpreted and applied in such a manner as to
prohibit the smoking of tobacco products in all enclosed
places of employment to the fullest extent permissible by
law."
SECTION 2. Section 8.16.070 is hereby amended to read as
follows:
118.16.070 Violation -- Penalty.
"Any person who violates any provision of Section
8.16.030 or 8.16.040 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 serving or
accommodating any person who violates this chapter by smoking
in a posted no smoking area, or by knowingly or intentionally
permitting any person to violate this chapter by smoking in a
posted no smoking area, is guilty of an infraction, and is
subject to punishment as provided for in Chapter 1.12 of this
code."
SECTION 3. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at
least (3) days prior to its final passage in the Telegram Tribune,
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0 -1274
Ordinance No. 1274 (1994 Series)
Page Two
a newspaper published and circulated in said City, and the same
shall go into effect at the expiration of thirty (30) days after
its said final passage. A copy of the full text of this ordinance
shall be on file in the office of the City Clerk on and after the
date following introduction and passage to print and shall be
available to any interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of
San Luis Obispo at a meeting held on the 13th day of
December , 1994, on motion of Vice Mayor Romero , seconded
by Council Member Roalman and on the following roll call vote:
Ayes: Vice Mayor Romero, Council Members Roalman, Williams, and Mayor Settle
Noes: None
Absent: Council Member Smith
.i
MaydF Allen ettle
ATTEST:
Clerk D ane R. Pladwell
APPROVED:
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