HomeMy WebLinkAbout0807ORDINANCE NO. 807 (1979 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING
CHAPTER 4 TO ARTICLE V OF THE SAN LUIS OBISPO MUNI-
CIPAL CODE TO PROHIBIT SMOKING IN CERTAIN PUBLIC
AREAS.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 4 hereby is added to Article V of the San Luis Obispo
Municipal Code to read as follows: (See attached text.)
SECTION 2. This ordinance, together with the ayes and noes, shall be
published once in full, at least three (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.
INTRODUCED AND PASSED TO PRINT this 15th day of May , 1979, on
motion of Councilman Jorgensen , seconded by Councilman Bond , and
on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
ATTEST:
Ci lerk J. H. Fitzpatrick
Approved as to form: Approved as to content:
0,0!,: oeo"aoo' 'o'
City Attorney City Ad inistrative Officer
1 :/
Article V, Chapter 4
Prohibition of Smoking in Certain Public Areas
SECTION 5400. 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
establish areas where persons will be free from inhaling smoke by requir-
ing that areas be reserved for non - smokers in certain public places and by
prohibiting the smoking of tobacco or any other weed or plant in certain
other areas which are used by or open to the public.
SECTION 5401. DEFINITIONS.
"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.
"Service line" shall be defined as an indoor line or area where per-
sons 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.
SECTION 5402. PROHIBITION IN CERTAIN PUBLIC PLACES.
Smoking shall be prohibited in the following places:
1. Elevators, museums, galleries, public transportation facilities
open to the public, and service lines of establishments doing business with
the general public;
2. Waiting rooms and 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;
3. Waiting rooms, public meeting rooms, public assembly rooms, libraries,
and restrooms located in all buildings owned or leased by the City, except
in zones designated for smoking by the City Administrative Officer. Such
smoking zones shall not exceed twenty percent of the seating capacity of
each room or area;
4. 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;
5. Within all public areas in every retail food market;
6. All restrooms open for public use;
7. 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.
SECTION 5403. 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, suffi-
ciency, and conspicuousness are apparent in communicating the intent of
this chapter. Establishments described.lin Section 5402 (5) shall have a
no- smoking sign posted at meat and produce counters and checkout lines.
SECTION 5404. COMPLIANCE.
1. 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.
2. The owner, operator, or manager of any facility, business, or
agency within the purview of this chapter shall comply herewith. Such
owner, operator, or manager shall post or cause to be posted all no- smoking
signs required by this chapter and shall call such signs to the attention
of any person who violates this chapter by smoking in a posted no- smoking
area.
SECTION 5405. VIOLATION -- PENALTY.
Any person who violates any provision of this chapter is guilty of an
infraction and upon conviction thereof shall be punished by a fine of ten
dollars ($10.00).
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ORDINANCE NO. 807 (1979 Series)
FINALLY PASSED this 5th day of June ,
1979., on motion of Councilman Bond. , seconded by
Councilwoman Billig and on the following roll call
vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
y Clerk J.H. Fitzpatrick