HomeMy WebLinkAbout18- City Administrator :CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Shauna Clark, City Administrator Subject: Ordinance setting forth
regulations relative to
p City Administrator smoking.
pdLtg: January 11, 1995
Synopsis of Previous Council action:
06/08/94 -- Ordinance No. MC-905 amending Chapter 8. 72 of the San Bernardino
Municipal Code relating to smoking, was adopted.
Recommended motion:
That further reading of the ordinance be waived and it be laid over
for final adoption.
i
Signature
Contact person: Shauna Clark Phone: 5122
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: N.1 A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: ��
75.0262 Agenda Item No.- �� —
CITY OF SAN BERNP ADINO - REQUEST F`,R COUNCIL ACTION
STAFF REPORT
On January 10, 1995, representatives from Police, Fire,
Planning and Building Departments, City Clerk, City Attorney and
City Administrator' s Offices, met to discuss enforcement of no-
smoking provisions of the existing city ordinance and state law
which came into effect January 1, 1995. After discussion on the
most effective enforcement of no-smoking regulations, we are
recommending that the Mayor and Common Council consider repealing
the city no-smoking ordinances, even though there is a trade off-
-city ordinances are more restrictive than state law. (See
Attachment)
Enforcement of the state law, AB 13 , in lieu of local
ordinances, would result in more consistency. For example, chain
restaurants or those which are franchised, would be better able
to coordinate self-enforcement efforts if laws are constant for
each outlet. Choosing AB 13 would also give the Mayor and Council
the authority to designate the County Health Department as the
enforcement arm. Prosecutions would be handled by the District
Attorney' s Office rather than the City Attorney. A county-wide
enforcement effort would help businesses within the county remain
on a level playing field.
Althc•7gh substituting AB 13 in place of city ordinances
would result in liberalizing our regulations, a better
enforcement effort would be gained. If you concur, move to waive
first reading and lay over for final passage.
i
SMOKING RESTRICTION COMPARISON
AB ,13 MC-905
E—losed place smoking prohibited smoking prohibited
of employment
Post signs required required
Ask smokers to required (but not unlawful to allow
stop involving risk smokers to smoke
risk of injury)
Hotel/Motel rooms smoking allowed smoking allowed in up
in 65% of rooms to 35% of rooms
Hotel/Motel lobbies smoking may be smoking prohibited
and public areas allowed up to 25%
of the lobby (or if
lobby is 2000 sq. ft
or less, up to 50%)
Meeting and banquet smoking allowed smoking prohibited
rooms except during food
or beverage functions
and during exhibits
(if smoking is not
allowed it may be
allowed in corridors)
Tobacco shops smoking allowed smoking allowed
Truck cabs smoking allowed not mentioned
if no non-smoking
employees are present
Warehouse
facilities smoking allowed smoking prohibited
Gaming clubs smoking allowed smoking prohibited
Bingo facility smoking allowed smoking prohibited
Bars or Taverns smoking allowed smoking allowed
Theatrical smoking allowed if smoking prohibited
production sites an integral part if enclosed
of the story
Medical research smoking allowed if smoking prohibited
or treatment sites integral to the
1
research and
treatment being
conducted
P. ate residence smoking allowed smoking allowed
Private residences smoking prohibited smoking prohibited
used as family day during the hours of when children are
care homes operation and in present
the areas where
children are present
Long term health smoking permitted smoking prohibited
care facilities in patient smoking
areas
Employee breakrooms Smoking permitted smoking prohibited
if outside air
i vent, if employees
need not enter, and
if sufficient non-
smoking breakrooms
for non-smokers
Employers with 5 smoking permitted smoking prohibited
or fewer employees if minors not allowed,
if smoking is not in
the work area, all
employees consent,
outside vent
Enclosed City smoking prohibited smoking prohibited
, facilities if enclosed place
of employment
, Elevators and smoking prohibited smoking prohibited
restrooms
Buses, taxicabs, smoking probably smoking prohibited
etc. allowed
Service lines smoking prohibited smoking prohibited
within enclosed in enclosed bldgs
place of employment
Retail stores smoking prohibited smoking prohibited
Retail food stores smoking prohibited smoking prohibited
Public areas of smoking prohibited smoking prohibited
businesses and
nonprofit entities
2
Public areas of smoking prohibited smoking prohibited
aquariums, libraries
ar museums
Bu_�dings used for smoking prohibited smoking prohibited
motion pictures, if enclosed except when open
stage, drama, to the sky
lecture, musical
recital, etc.
Athletic smoking prohibited smoking prohibited
recreation area if enclosed if enclosed
Medical/dental smoking prohibited smoking prohibited
waiting rooms, (but see long term
hallways, wards, health care facilities )
and patient rooms
Polling places Smoking probably smoking prohibited
prohibited
Restaurants Smoking prohibited smoking prohibited
Cigarette vending g not prohibited prohibited except
machines in freestanding bars
Nt etaliation not mentioned specified
Voluntary not mentioned specified
prohibition
3
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER
3 8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Chapter 8.72 of the San Bernardino Municipal
7 Code is hereby repealed.
8
10
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13
14
15
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DAB/is [Smoking7.Ord] 1 January 11, 1995
1 AN ORDINANCE. . .REPEALING CHAPTER 8.72 OF THE SAN BERNARDINO
2 MUNICIPAL CODE RELATING TO SMOKING.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1995, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE
8
9 CURLIN
10 HERNANDEZ
OBERHELMAN
11
DEVLIN
12
POPE-LUDLAM
13
h
MILLER
14
15
16 City Clerk
17
18 The foregoing Ordinance is hereby approved this day
of 1995.
19
20 Tom Minor, Mayor
City of San Bernardino
21
Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24
25 By:
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DAB/js [Smoking7.Ordl 2 January 11, 1995