HomeMy WebLinkAboutMC-905 1 ORDINANCE NO. MC-905
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.72 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
5 SECTION 1. Chapter 8.72 of the San Bernardino Municipal
6 Code is hereby amended to read as follows:
7 "8.72.010 Legislative findings.
8 The Mayor and Common Council find and declare that:
9 A. Numerous studies have found that tobacco smoke is
10 a major contributor to indoor air pollution. The
11 Environmental Protection Agency (EPA) has
12 conducted additional studies to warrant the
13 classification of environmental tobacco smoke
14 (ETS ) or secondhand smoke as a Group A carcinogen
15 and is the only agent ever classified by the EPA
16 as a known human lung carcinogen.
17 B. Reliable studies have shown that breathing
18 secondhand smoke is a significant health hazard,
19 especially for certain population groups,
20 including elderly people, children, individuals
21 with cardiovascular disease, and individuals with
22 impaired respiratory function, including
23 asthmatics and those with obstructive airway
24 disease;
25 C. Health hazards induced by breathing secondhand
26 smoke include lung cancer, respiratory infection,
27 decreased exercise tolerance, decreased
28 respiratory function, bronchioconstriction, and
DAB/js [Smoking3.Ord] I May 9, 1994
MC-905
1 bronchiospasm;
2 D. Nonsmokers with allergies, respiratory disease
3 and all others who suffer ill effects of
4 breathing secondhand smoke may experience a loss
5 of job productivity;
6 E. The Surgeon General of the United States has
7 advised nonsmokers to avoid exposure to tobacco
8 smoke wherever possible, and found that simple
9 separation of nonsmokers and smokers lowers but
10 does not eliminate the risk of nonsmokers from
11 secondhand smoke;
12 F. The smoking of tobacco, or any other weed or
13 plant, is a proven danger to health;
14 G. The Surgeon General of the United States has
15 declared that nicotine is as addictive as cocaine
16 or heroin; no other addictive product or drug, or
17 cancer causing product or drug is sold through
18 vending machines:
19 H. The U.S. Secretary of Health, the U.S. Surgeon
20 General and the leading voluntary health
21 'organizations all recommend the elimination of
2 cigarette vending machines for health reasons;
23 1 . Accordingly, the health, safety and general
24 welfare of the residents of, persons employed in,
25 and persons who frequent this City will be
26 benefitted by the regulation of smoking in
27 enclosed places.
28
DAB/j. [Smoking3.Ord] 2 May 9, 1994
MC-905
j 8.72.020 Definitions.
2 The following words and phrases, whenever used in
3 this chapter, shall be construed as defined in this
4 section:
5 A. "Bar" means an area which is devoted to the
6 serving of alcoholic beverages and in which the
7 service of food is only incidental to the
8 consumption of such beverages. A bar includes
9 only those places which prohibit entry at any
10 time by any individual under the age of 21.
11 B. "Business" means any- sole proprietorship,
12 partnership, joint venture, corporation or other
13 business entity formed for profit making purposes
14 as well as professional corporations and other
15 entities which provide legal, medical, dental
16 engineering, architectural, or other professional
17 services and which "business" employees two (2)
18 or more persons. Management employees shall be
19 included in the calculation of the two or more
20 persons.
21 C. "Employee" means any person who is employed by
22 any employer in consideration for direct or
23 indirect monetary wages or profit, and any person
24 who volunteers his or her services for a non-
25 profit entity.
26 D. "Employer" means any business and any non-profit
27 entity with two or more employees. Management
28 employees shall be included in the calculation of
DAB/js [Smokin93.Ord] 3 May 9, 1994
MC-905
1 the two or more persons.
2 E. "Enclosed Area" means all space between a floor
3 and ceiling which is enclosed on all sides by
4 solid walls and/or windows (exclusive of door or
5 passage ways) which extend from the floor to the
6 ceiling, including all space therein.
7 F. "Enclosed athletic recreation area" means
8 gymnasiums, health spas, swimming pools, roller
9 and ice rinks.
10 G. "Freestanding Bar" means a bar which is located
11 in its own building or if in a building with
12 another business or restaurant, has its own
13 independent air ventilation system and a floor to
14 ceiling physical barrier. _
15 H. "Non-profit entity" means any corporation,
16 unincorporated association, or other entity
17 created for charitable, educational, political,
18 social, or similar purposes, the net proceeds
19 from the operation of which are committed to the
20 promotion of the objects or purposes of the
21 organization and not to private financial gain.
22 A public agency is not a "non-profit entity"
23 within the meaning of this section.
24 2. "Place of employment" : means 1 ) any enclosed
25 area, 2) under the control of a public or private
26 employer, 3) which employees occupy with normal
27 frequency during the course of employment,
28 'including but not limited to, work areas,
DAB/i. [Bmoking3.Ord] 4 May 9, 1994
MC-905
1 employees lounges, and restrooms, conference and
2 classrooms, cafeterias, and hallways, except that
3 a private residence is not a place of employment,
4 unless it is used as a child care or health care
5 facility.
6 J. "Public place" means any enclosed area to which
7 the public is permitted, including but not
8 limited to: banks, private educational
9 .facilities, health facilities, public
10 transportation facilities, malls, reception
11 areas, restaurants, retail food production and
12 marketing establishments, retail service
13 establishments, retail stores, theaters, and
14 office waiting rooms. A private residence is not
15 a public place.
16 K. "Restaurant" means any coffee shop, cafeteria,
17 tavern, sandwich stand, soda fountain, private or
18 public school cafeteria, and any other eating
19 establishment, organization, club, boarding
20 house, or guest house, which gives or offers food
21 for sale to the public, guests, patrons, or
22 employees, except that the term "restaurant"
23 shall not include a cocktail lounge or tavern if
24 said cocktail lounge or tavern is a "bar" as
25 defined herein.
26 L. "Retail tobacco store" means a retail store
27 utilized primarily for the sale of tobacco
28 products and accessories.
DAB/j. [S.king3.ord] 5 May 9, 1994
i
MC-905
1 M. "Service line" means an indoor queue in which one
2 or more persons routinely wait for or receive
3 service of any kind, whether or not such service
4 includes the exchange of money.
5 N. "Smoking" means the igniting, inhaling, or
6 carrying of any burning cigar, or cigarette of
7 any kind, or the igniting, inhaling, exhaling or
8 carrying of a pipe or other device for smoking,
9 containing any burning substance.
10 O. "Waiting room space" means the common area of any
11 office, restaurant, theater or any other facility
12 where persons routinely wait.
13 P. "Tobacco vending machines" means any machine or
14 device designated for or used for the vending of
15 cigarettes, cigars, tobacco, or tobacco products
16 upon the insertion of coins, bills, trade checks
17 or slugs.
18 8.72.030 Prohibition against smoking in city owned
facilities.
19 Smoking is prohibited in all enclosed facilities
20 owned by or under the direct or indirect control of
21 the City of San Bernardino: '
22 8.72.040 Prohibition against smoking in public
23 places.
24 A. Smoking shall be prohibited except as otherwise
25 specifically set forth herein in all enclosed
26 public places, including, but not limited to, the
27 following:
28 1. Elevators and restrooms.
DAB/j. [Smoking3.Ord] 6 May 9, 1994
MC-905
1 2. Buses, taxicabs and other means of public transit
2 operated under the authority or Franchise of the
3 City of San Bernardino, and ticket boarding, and
4 waiting areas of public transit depots.
5 3. Service lines.
6 4. Retail stores.
7 5. Retail food marketing establishments, including
8 grocery stores and supermarkets. Those areas of
9 such establishments set aside for the purpose of
10 serving food and drink shall be subject to the
11 same provisions as set forth herein for the
12 regulation of smoking in restaurants.
13 6. All areas available to and customarily used by the
14 public in all businesses and non-profit entities
15 patronized by the public, including, but not
16 limited to, such areas in business offices, banks,
17 hotels and motels.
18 7. Public areas of aquariums, libraries, and museums
19 when open to the public.
20 8. Any building not open to the sky which is used
21 primarily for exhibiting any motion picture,
22 stage, drama, lecture, musical recital or other
23 similar performance, except when smoking is a part
24 of any such production.
25 9. Enclosed athletic recreation area.
26 10. Waiting rooms of doctors ' offices and dentists'
27 offices, hallways, wards, and patient rooms of
28 health facilities, including, but not limited to,
DAB/js [Smoking3.Ord] 7 May 9, 1994
MC-905
1 hospitals, clinics, and physical therapy
2 facilities.
3 11 . Polling places.
4 B. Notwithstanding any other provision of this
5 section, any owner, operator, manager or other
6 person who controls any.establishment described
7 in this section may declare the entire
8 establishment or any portion thereof to be a non-
9 smoking area.
10 8.72.050 Smoking in restaurants.
11 Smoking is prohibited and is unlawful within all
12 enclosed restaurants.
13 8.72.060 Child care facilities.
14 Smoking is prohibited and unlawful in any
15 facility or private home providing child care, either
16 licensed or unlicensed, and either on a 24-hour basis
17 or day care, for children not part of the family of
18 the provider, but only when children are present.
19 8.72.070 Regulation of smoking in places of
employment.
20 Except as otherwise provided in this chapter,
21 smoking shall be prohibited in all enclosed places of
22 employment.
23 8.72.080 Vending machines.
24 No cigarette or other tobacco product may be
25 sold, offered for sale, or distributed by or from a
26 vending machine or other appliance, or any other
27 device designed or used for vending purposes except in
28
DAB/js [Smoking3.Ord] 8 May 9. 1994
MC-905
j freestanding bars.
2 8.72.090 Where smoking is not regulated.
3 Notwithstanding any other provisions of this
4 chapter to the contrary, the following specific and
5 limited areas shall not be subject to the smoking
6 restrictions of this chapter.
7 1 . Bars and freestanding bars.
8 2. Up to 35% of hotel and motel rooms in a hotel or motel
9 rented to guests may be designated as smoking rooms;
10 providing however, that smoking shall be prohibited in
11 the lobby, conference rooms, and other common areas of
12 hotels and motels.
13 3. Retail tobacco stores.
14 8.72.100 Posting of smoking and no smoking areas.
15 A. The international "No Smoking" symbol (consisting
16 of a pictorial representation of a burning
17 cigarette enclosed in a red circle with a red bar
18 across it on a sign of a minimum of six inches
19 ( 6" ) in width and eight inches ( 8" ) in height),
20 citing this subsection shall be clearly, and
21 conspicuously posted in every building or other
22 place where smoking is controlled by this chapter
23 by the owner, operator, manager or other person
24 having control of such building or other place.
25 B. Every theater owner, manager or operator shall
26 conspicuously post signs in the waiting area
27 stating smoking is prohibited.
28
DAB/i. [S.king3.0rd] 9 May 9, 1994
MC-905
1 8.72.110 Violations.
2 A. It is unlawful for any person to smoke in a place
3 where smoking is prohibited by this chapter.
4 B. It is unlawful for any person who owns, manages,
5 operates or otherwise controls the use of any
6 premises subject to the prohibition of this
7 chapter to fail to comply with any of its
8 provisions.
9 C. Any person or business which violates subsection
10 "A" or "B" of this section or permits such
11 violations, or any other provision of this
12 chapter, except as otherwise provided herein
13 shall be guilty of an. infraction, punishable as
14 set forth in San Bernardino Municipal Code,
15 Section 1. 12.010(B) .
16 8.72.120 Enforcement.
17 A violation of any of the provisions of this
18 chapter shall constitute a public nuisance and may be
19 abated by the City through means of restraining order,
20 preliminary or permanent injunction or in any other
21 manner provided by law for the abatement of such
22 nuisance and the City may take action to recover the
23 cost of such nuisance abatement.
24 Notwithstanding any other provision of this
25 chapter, a private citizen may bring a legal action to
26 enforce this chapter.
27 8.72.130 Non-Retaliation
28 It is hereby declared to be a violation of public
DAB/is [Smokin93.ord] 10 May 9. 1994
MC-905
1 policy for a person or employer to discharge, refuse
2 to hire, or in any manner retaliate against any
3 employee or applicant for employment because such
4 employee or applicant exercises any rights afforded by
5 this chapter.
6 8.72.140 Other applicable laws.
7 This chapter shall not be interpreted or
8 construed to permit smoking where it is otherwise
9 restricted by other applicable law or regulation.
10 8.72.150 Severability.
11 If any provision, clause, sentence or paragraph
12 of this chapter or the application thereof to any
13 person or circumstances shall be held invalid, such
14 invalidity shall not affect the other provision of
15 this chapter which can be given effect without the
16 invalid provision or application, and to this end the
17 provisions of this chapter are declare to be
18 severable. "
19
20
21
22
23
24
25
26
27
28
DAB/j. [Smoking3.Ord] 1 1 May 9, 1994
MC-905
1 AN ORDINANCE. . .AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SMOKING
2
3 I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
4
Bernardino at a regular meeting thereof, held on the 6th
5
day of June 1994, by the following vote, to wit:
6
Council Members: AYES NAYS ABSTAIN ABSENT
7
NEGRETE X
8
CURLIN X
9
HERNANDEZ X
10
OBERHELMAN X
11
DEVLIN X
12
POPE-LUDLAM X
13
MILLER g
14
15 ��
16 City Jerk
17 The foregoing Ordinance is hereby approved this Y7�L day
18 Of June 1994.
19
'2i zi2a'\
20 TOm .MiROr, Mayor
City of San Bernardino
21
Approved as to form
22 and legal content:
JAMES F. PENMAN,
City Attorney
24 a'm
25
zzpiusti
26
27
28 � e-
DAB/js [SM0king3.0rd] 12 May 9, 1994
le0aa4!41100 1111,Mift a4me grays
Proof of Publication RECEIVED -T r
'94 JUN 14 All 59
CITY CLERK ' S OFFICE
arricf°F
STATE OF CALIFORNIA,
County of San Bernardino, sw oaaeaus€rna Ts1E
Giv of tan Berdino
tan amending chiselerle rM0
The undersigned hereby certlfies as follows: McIpal Code relIWIna to
smoking
I am a citizen of the United States, over the age of twenty-one years, and not a Ems?e,June e 6, 1994
party to nor interested in the above-entitled matter; I am the principal clerk of the
printer of a newspaper,to wit, The Sur.; the same was at all times herein mentioned■ yore:
Vona: Council Members.
newspaper of general circulation printed and publishes)daily,including Sunday,in the ft e. �dlarr. ceY�In
NAn Council Members
City of San Bernardino, in the County of San Bernardino, State of California; said Mu ate, Oberhelman,
He
newspaper is so published every day of the year as and under the name of The Sun,said ABSEN BSEN
T: None
newspaper has been adjudged a newspaper of general circulation by the Superior FULL TEXT OF THIS
Court of the State of California, in and for the County of San Bernardino,by a judg- ORDINANCE v A N THE
mans of said Superior Court duly made, filed and entered on June 20, 1952, in the - OFFICE ITY CLERK
records and film of said Superior Court in that certain proceeding entitled In the Mat- TOM MINOR
ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- Mayor
RACHEL CLARK
culation, numbered 79084 in the records of civil proceedings in said Superior Court Gly Clrav`aywovea bv:
and by judgment modifying the same,also made,filed and entered in aid proceeding; City At F. PENMAN
City AnorneY
the notice or other process or document hereinafter mentioned was set, printed and _ 6/10 39 zoap _;
published in type not smaller than nonpareil and was preceded with words printed in
black face type not smaller than nonpareil describing and expressing in general terms
the purport or character of the notice intended to be given; and the
...5 UMMAR.Y..QF..QR0.1 N.ANC.E.....................................
MC-905 AMENDING CHAPTER..8. .78..,(5." RKJN.G)... ....
of which the annexed is a true printed copy,was published in each edition and issue of
said newspaper of general circulation, and scot in any supplement thereof,on each of
the following dates, to wit:
I JUNE 10, 1994
1 certify under penalty of perjury�that thee foregoing is true and correct.
.. .. . .. . ...... . .. . . . . . .
Executed on the . . . . .10 . . day of . . . . . J UN E ...... ... ..... 19 ..9.4....,at
San Bernardino, in said County and State. iiae
ONI
0 �
SUMMARY OF ORDINANCE NO. MC-905
An ordinance of the City of San Bernardino amending Chapter 8.72 of the San Bernardino
Municipal Code relating to smoking.
Adopted: June 6, 1994
Effective: July 7, 1994
Vote: AYES: Council Members Curtin, Hernandez, Devlin, Pope-Ludlam.
NAYS: Council Members Negrete, Oberhelman, Miller.
ABSENT: None.
FULL TEXT OF THIS ORDINANCE IS AVAILABLE
IN THE OFFICE OF THE CITY CLERK
TOM MINOR RACHEL CLARK
Mayor City Clerk
Summary approved by: Q �Attom!y James F. nan, City
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: .august 24. 1998
TO: All Clients
FROM: City Clerk's Office
RE: SCANNING DOCUMENT PROBLEM NOTICE
MAYOR AND COMINi ION COUNCH.
ORDINANCE b/C. 905
NOTICE OF:
Missine Document.
Exhibit/Attachment:
Bad Oualitv Original.
Document.
Map.
Hand Written Original.
Siznature Missing:
Ordinance.
V/Leeal Advertisement - Proof Of Publication - Bad Quality.
The referenced Legal Advertisement Proof of Publication is on newsprint paper. The quality of
newsprint paper when scanned is poor and its legibility is impaired. The full text of the Ordinance
Summary as approved by the City Attorney is included for reference, and was published to pursuant
to the San Bernardino Charier.
Ordinance Summary Not Attached.
Leaal Advertisement - Proof of Publication - Not Attached
FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records
management staff, or the Administrative Operations Supervisor (909) 384-5002.
Rachel Clark
City Clerk
RC:mam