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HomeMy WebLinkAbout1048ORDINANCE NO. 1048 (1985 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 8.16 OF THE SAN LUIS OBISPO MUNICIPAL CODE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 8.16, Smoking Prohibited in Certain Areas, is hereby amended to read as follows: CHAPTER 8.16 SMOKING PROHIBITED IN CERTAIN AREAS Sections 8.16.010 Purpose. 8.16.020 Definitions. 8.16.030 Prohibition in Certain Public Places. 8.16.040 Regulation of Smoking in the Workplace. 8.16.050 Posting of Signs. 8.16.060 Compliance. 8.16.070 Violation -- Penalty. 8.16.010 Purpose. Because smoking of tobacco or any other weed or plant is a positive danger to health and a cause of material 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, including workplaces. 8.16.020 Definitions. A. "Employee" shall be defined as any individual who receives remuneration for services performed within the City. B. "Employer" shall be defined as any person, partnership, or corporation who employs the services of an individual person or persons. C. "Smoke" or "smoking" as defined in this chapter means and includes the carrying of a pipe, cigar, or cigarette of any kind which is burning, or the igniting of a pipe, cigar, or cigarette of any kind. D. "Service line" shall be defined as an indoor line or area where persons await 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. 0 1048 E. "Workplace" shall be defined as any interior space under the control of a public or private employer in which five (5) or more employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a workplace under this section. 8.16.030 Prohibition in Certain Public Places. Smoking shall be prohibited in the following places: 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, sleeping rooms or public hallways of every private or public health care facility, including but not limited to hospitals; provided further 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; C. All buildings occupied by City staff, owned or leased by the City, or otherwise operated by the City of San Luis Obispo, except in areas which the City Administrator may designate as smoking areas. The City Administrator may designate a smoking area only if the area involved: 1. is not regularly open to the public; and 2. does not require major room or building modifications; and 3. is not regularly occupied by non - smokers. In any dispute arising under the smoking area designations made by the City Administrator hereunder, the rights of the non - smoker shall be given precedence. D. Within any building not open to the sky which is primarily used for or designated for the purposes of exhibiting any motion picture, stage drama, lecture, musical recital, or other similar performance whenever open to the public, except smoking which is a part of a stage performance, Including 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; E. Within all public areas in every retail food market; F. All restrooms open for public use; G. Within every restaurant having an occupied capacity of fifty or more persons; provided that this prohibition shall not apply where a part of the dining area sufficient to satisfy all public requests for seating in a non - smoking area is posted and maintained as such an area. H. All areas in a laundromat open to and available for use by the public. 8.16.040 Regulation of Smoking in the Workplace. Each employer who operates a workplace in the city shall, within sixty (60) days of the effective date of this section, adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirement: A. Any non - smoking employee may object to his or her employer about smoke in his or her workplace. Using already available means of ventilation or separation or partition of office space, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of non - smoking employees and smoking employees. However, an employer is not required by this section to make any expenditures or structural changes to accommodate the preferences of non - smoking or smoking employees. B. If an accommodation which is satisfactory to all affected non - smoking employees cannot be reached in any given workplace, the preferences of non - smoking employees shall prevail and the employer shall prohibit smoking in that workplace. Where the employer prohibits smoking in a workplace, the area in which smoking is prohibited shall be clearly marked with signs. C. The smoking policy required by this section shall be announced within three (3) weeks of adoption to all employees working in workplaces in the city and posted conspicuously in all workplaces in the city under the employer's jurisdiction. D. This section is not intended to regulate smoking in the following places and under the following conditions within the city: 1. a private home which may serve as a workplace; 2. any property owned or leased by a state or federal governmental agency; 8.16.050 Posting of Signs. Signs which designate smoking or no- smoking areas established by this chapter shall be conspicuously posted in every room, building, or other place so covered by this chapter. The manner of such posting 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 chapter. Establishments described in Section 8.16.030(5) shall have a no- smoking sign posted at meat and produce counters and checkout lines. 8.16.060 Compliance. A. The City Administrative Officer or his designated representative shall be responsible for compliance with this chapter as to facilities which are owned, operated, or leased by the City. The Finance Director shall provide each business license applicant with a copy of this chapter. B. The owner, operator, or manager of any facility, business, or agency within the purview of this chapter shall comply with the provisions of this chapter. Notice of these regulations shall be given to all applicants for a business license. Such owner, operator, or manager shall post or cause to be posted all no- smoking signs required by this chapter and shall not allow service to any person who violates this chapter by smoking in a posted no- smoking area. C. Any place of employment conducted or operated without compliance with the provisions of Section 8.16.010 applicable thereto shall be and the same is hereby declared to be a public nuisance. Whenever there is reason to believe such public nuisance exists, any affected employee or any resident of the City, in his or her own name, may maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the employer from maintaining or permitting it. Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, an employer determined to be in violation of Section 8.16.040 shall be liable for the attorney's fees, as may be determined by the court, incurred by the party bringing the action. D. The City Administrative Officer or his designee may enforce Section 8.16.040 by either of the following actions: 1. serving notice requiring the correction of any violation of that section; or 2. requesting the City Attorney to maintain an action for injunction to enforce the provisions of Section 8.16.010, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation, including attorney's fees. E. Any employer who violates Section 8.16.040 hereof may be liable for a civil penalty, not to exceed $500, which penalty shall be assessed and recovered in a civil action brought in the name of the People of the City of San Luis Obispo. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Finance Director of the City of San Luis Obispo. F. In undertaking the enforcement of Section 8.16.040, the City of San Luis Obispo is assuming an undertaking only to promote the general welfare. It is not assuming any duty or obligation, nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money damages or otherwise to any person who claims that (1) the City or one of its officers or employees breached any such obligation, and (2) the breach proximately caused injury. 8.16.070 Violation -- Penalty. Any person who violates any provision of Section 8.16.030 or 8.16.040 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 any person who violates 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. a SECTION 2. 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, 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 19th day of November , 1985, on motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None ATTEST: L L Citv�Clerk Pamela Voz APPROVED: a�5 City Administrative Officer ORDINANCE NO. 1048 (1985 Series) FINALLY PASSED this 3rd. day of December , 1985, on motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Rappa, Settle and Mayor Dunin NOES: None ABSENT: None May Ron -Dun-in. ATTEST: 0 Cit Clerk Pamela Vo s