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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). :A 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