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Item 5 - Prohibition of Smoking in Certain Public Areas -' _�GENDA REPORT ' -' G�'S IC�qY CITY OF POWAY T ,� P e C�1N THE C�J�� TO: Honorable Mayor and Members of We City Council FROM: James L. Bowe�sox, City Mana� I1�TITIATED BY: Step6en M. Eckis, City Atto� DATE: Febrnary 18 , 1992 SiTBJECT: Prohibition of Smoking In Ce�tain Public Areas (TStle 8. Chapter 8.041 ABSTRACT• The Environmental Protection Agency has recently released new medical evidence on the health hazard of environmental tobacco smoke. Both the City and County of San Diego have strengthened their smoking ordinances in an effort to better protect their residents. Poway has been asked by the County to consider amending its smoking ordinance to bring it in line with current medical knowledge and to be consistent with county-wide regulation. BACKGROUND• On August 27 , 1991, the City Council reviewed the existing ordinance and considered the proposed amended ordinance. At that time, the Legislature contemplated state preemption in the California Smoke Free Air Act of 1991. The bill did not pass. The Council directed the staff to proceed with proposed amendments. On December 20, 1991 the City received a letter (copy attached) from the County Department of Health Services urging amendment of the City ordinance to be consistent with the County ordinance. The attached draft ordinance sets forth the existing ordinance with the proposed amendments shown. The proposed amendments are consistent with the County ordinance. ACTION: 1 of io 1 ts°2 ITEM 5 CITY OF POWAY AGENDA REPORT February lII, 1992 Page Two DISCUSSION• The revised ordinance makes the following significant chanqes: 1 . Extends the list of public places where smoking areas may not be designated, including areas which the public must walk throuqh to get to no-smoking areas and shared work areas. 2 . Specifies that at least 50� of restaurant seating and an adequate number of hotel/motel quest rooms be designated for non- smoking patrons. 3 . Expands the requirements for the placement of posted "no smoking" and "designated smoking area" signs. 4 . Expands the list of places that fall under the exception category and are therefore not subject to the full requirements of this ordinance. 5 . Includes provisions which prohibit retaliation or reprisal against persons seeking compliance with the ordinance. 6. States that any violation of the chapter is an infraction. The issue of smoking in bowling centers is not treated uniformly in all cities in the County. Poway' s amended ordinance, like that of the County and City of San Diego, would prohibit smoking entirely in bowling centers except in a designated smokinq area of the bar (see § 8 . 04 . 090 (D) ) or restaurant (see § 8 . 04 . 040) . Other jurisdictions have specifically permitted smoking in bowlinq centers but prohibited smoking in the lanes, the bowler's area behind the lanes and in game rooms (all areas where children might be) . ENViRONMENTAL REVIEW: Exempt. FLSCAL IMPACT: None. FINDINGS: The smoking of tobacco, or any other weed or plant, is a positive danger to health and a material annoyance, inconvenience, 2 of lo FFB 1 � 1932 1'��1: 5 CITY OF POWAY AGENDA REPORT February 18, 1992 Page Three discomfort and a health hazard to those who are present in confined places. The prohibition on smoking in public places and places of employment is necessary for the preservation of the public heath, safety and welfare. RECOMMENDATION• It is recommended that the City Council hold first reading on the ordinance and continue the public hearing for second reading. ##�Y Attachments: _ 1 . Letter from Co. of S.D. Health Services 2 . Proposed Ordinance 3 of 10 FEB 1 S 1992 1��4� 5 s C�nun#� nf �5ttn �ie�n� E � � 11/ E � J� W4UAM COX M.D.. PhD uuecrow DEVARTMENT OF HEALTH BERVICES BIEVEN A. FBCOBOZA DEC 2 0 1991 ♦YYIY1AwT O�pECtJN PUBLIC HEALTH SERVICEs December 16, 1991 CITY UF N()yypy CITY MANAGERS OFFICE Jim Bowereox City Manaqer City of Poway P O BOX 789 Puway, CA 9207a Dear Mr. Bowereox; You may be awars that effective May 28, 1991, the City of San Dieqo strengthened their Smoking Ordinanca to require a minimum of 50t of restaurant aeatinq to be no-smoking and to prohibit emokinq in ahared work areas in placee of employment. This 1�tt�r 18 to request that your city adopt a eimilar ordinance eo ae to better protect your reeidents from the health hazarda of anvironmental tobacco �moke. This request is based on new medical evidence reqarding the health hazarde� oP exposure to environmental tobacco smoke. The Environmental Protectlon Agency recently found environmental tobacco emoke to ba a type A carclnogen, the same clasaiPication reservad for aebestos. In addition, this past June, the National lnstitute Por occupational Safaty and Health recommended that employers minimize occupational exposure to environmental tobacco emoke by uaing all available preventive meaeures, euch as prohibiting cmoKinq at the workplace. You may be aware that the County of San Diego has had such an , ordinanc• in place since 1988 and it has been successfully implemented. (Attachad fot your information are copiea ot the County and City of San Diego ordinances. ) County staff are availeble to assist your city in strengthening your smoking ordinance to bring it in line with current medical knowledgs. You may call upon tham for technical asristance in revieinq your ordinance and in providinq stafP training in the adminietrative aspects ot ordinance enforcement (i.e. , handlinq and zeeolvinq complaints through voluntary compliance, conductinq site visite tor alleged amoking violations, providinq technical assietance to community agencies, etc. ) . ATTACHMENT 1 4 of 10 FEB 18 199Z IT�b; 5 Page 2 December 4 , 1991 If you need assistanca or have any questions pleese contact Jene Young, Chief, Oivision of Public Health Education at (619) 236- 2705. we would appreciata your informinq Ms. Young whan thir iseu• ie brought before youz City Council or if any action is taken on this matter. With your help, our region will lead the wey towerds echiavinq the U.S. Surgeon General 's qoal of a smoka-lree aociety by the year 2000. We look forvard to working with you in this important effort. Sincerely, .LCC(.�LtKJ C� J. William Cox, M.D. , Ph.D. , Director Department oP Health Services JWC:cdc Attachmentc 5 of lo FEB 18 1992 1�'�3l•; 5 ORDINANCE N0. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REVISING CHAPTER 8.04 OF THE POWAY MUNICIPAL CODE RELATING TO SMOKING IN CERTAIN PUBLIC AREAS WHEREAS, comprehensive revision of those provisions of the Poway Municipal Code relating to smoking in certain public areas is required in order to conform those provisions with current medical knowledge and to be consistent with county- wide regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Chapter 8. 14 of the Poway Municipal Code is hereby revised to read as follows: Chaoter 8.04 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS Sections• 8.04.010 Purpose. 8.04.020 Definitions. 8.04.030 Prohibitions. 8.04.040 Designation of smoking areas. 8.04.050 Optional prohibition. 8 04 060 Posting of signs B.Od.�7� �eta��a�ton agatn�t p�rso� <�eques�� n�p�i��e pro�ibited�; 8 D4.Q8Q Gou�t�nmental Rg�ttc�;;C�ap�ratian ; $.04:050 Exceptions. 8.04. 100 117olatian, Enforcement and a�ea� P�na�tt2;s;. 8.04.010 Puroose. Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a cause of material annoyance, inconvenience, 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 prahibit the smoking of tobacco, or any other weed or plant, in public pl.aces and places. of employment.,..except in designated smoking areas �dentt�i�d by "Smtaking.t?ermitL�d'" signsi. ATTACHMENT 2 5 of lo FEB 18 1992 IT�b". 5 Ordinance No. Page 2 8.04.020 Definitions: For the purposes of this chapter, the follawing words are defined: A. "Place of employment" :s��;�'i mean any °°��Q area under the control of a public or private employer which 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 "place of employment." . B. "Public place" 3�a;T1; mean any enclosed area to which the public is invited or in which the pu6lic is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence is not a "public place." C. "Smoke" or "smoking" as defined in this chapter shd�1 means and . includes the carrying of a lighted pipe, Cfg�r, �r �iga�efi�� f �n� ��x: or the lighting of a pipe, cigar or cigarette af any kind. 8 04 030 Prohibitions No person shall smoke �n a public place _or place of employment, except in designated smaking areas . A h�i1�� ay �e d�sig�ated :in en�i��y as, a ��n�aKtn� F�hi�9ted" area ��we��r; tn no .�a�� may;an �nL�r� �ui'4d�r�� r#;desig�at�d,ss a "S�al�ing �armitte�" ar�:a. - 8.04.040 Desianation of smoking areas. A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge...except in retail stores, retail service establishments, food markets, ftlod �2r+r�� in�s:; r�St�iiY�dn� wa��ing areas, htt5p9ta� �nd h��Ttis care f�clllt�e�, public conveyances, theaters, auditoriums, ub'�7c ass�mbiy r�otrts, me�:trn� r�ms, 1^��troom�: e�evatot's, pharmacies, �ibraries, museums or �alleries �tt��uti�'ng res�aiiran�ts . saitli�n �h� :aboue �P�tf��a �*sta�l�shmen#s �#i��h ;are �Qnstr�cL�d; sd th�t s�nak�: +�an;drfft ittta �h�ei; non ��staurant;; part,af thQ �s;t�htishment,, which are open to the public or any other place where smoking is prohibited by law, ordinance or re.yulat�on. Smokfi�g xreas may no:;fi be destgnaZee#; �n ar�as wher�:;�t�e �i(Ii1ic mus� wa'Ik t�rr�rugh ;�a ge� ;tia na smo�3ng,areas unl�s� th�;s arrangement is structara'Ily not possibie: Where smoking areas are designa�ed; ezisting physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide smokefree areas for nonsmokers to the maximum extent possible within existing facilities. Restaurant Ltwners ar nper�tttrs covered by, the provis,ions of this chapter shall designate at '�east`f�ft� p�l�een'C �5U%� d� tnd�nr seati ng cap�ci�y ��^ na smis�C�n� ; a.. '_ rr ,..;:..+ti., _..... ��... .i..__..,,_"and shall inform all atrons that a P . no-smoking..section is provided Hutel �ttd mofi�7 t�wnerss;and op�rat�ars shal�,; designat� an adequate �iumber of quest rnoms for nr� smo�3ng to �uff�c,ently mee� t�emanrls and shall inFarm aI3;; patrnns th�L no smokin� r�ams are pr�vidett ; 7 of 10 FEB 18 19°2 ��j��,� 5 Ordinance No. Page 3 B Sr�cki�g a�eas may not h�;�es��na��d in a s�ared wn�� ea �f � p�ae� �f i�n�l�yme��. A shared ��rk ar��; �s any .roo� in wh�eh mn�� tha� dne �m��e� �s as�ign�d t� p�rfor�n work dur3ng the c4�rs� nf a �nr� s�fft per�od � �ngT�yer� ��1� pr�y��e �rttt�n inf�rmati.o� t� e�p��y�es ��rn�n� �mok�ng �a� tft� �l��e nf en�tlay�ent, �n�]u�ing �he 7��a��an �� desf�nate� s��kRn�,o� �tc�nsmol�it�g :areas< _. . _ C �l�r a��fl^�rays or Qtt�er �s�i r�c�p�ac'Eesssha�"t ,t��:�lxc��E. ir�,areas,s�her� smoking.i�,�r�h�b�t�d;, 8.04.050 Ootional orohibition. All managers and owners of any establishments serving or doing business with the public may at their discretion post "No Smoking" signs within various areas of their businesses and utilize the full right of the provisians of this chapter. No public place other than the ones enumerated in Section 8.04.090 shall be designated as a smoking area in its entirety. 8.04.060 Postina of sians. S9gns which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food productions and marketing establishments, including grocery stores and supermarkets open to the public, so they are clearly visible to persons upon entering the store, clearly visible to persons in chec.kout l,ine.s,....and,, clearl_y_ visible to_persons at meat and produce counters. I� addatEOrt� ;��ns s�ia�T b� placec� a� a71 �ntr;ar�c�es ta puh'E��; p'la�ces and �tac�s c�€ emp'��ym�nt, ex�ept re�tauran�s, that r�ad saGst�nE�a1�y as fQtl�ws.: �� FiaKiN� �XC�P7 I�t UESIGNATEQ:A�EAS : �molc�n� sha'E`t .;t�nIy b�;p�rmi�t�+3 in puk�fi� �S'�;a�es arti3`placss �f emp�ayme�� xc'e�t r�sLaurants, �rt ar��s tantakning � s��rt th�� ad� s!�Eistantia'�I� as f�'t3�ws� :�E�I&NAT£U SMt1KtNG A1�EAs R�s�aur�nts: sha'il ��3fifrer . p'12'�� a s��n �E tt�e r�staurar�t ert�rance :as p�r��ri;de� abaw� ar s�a11 pl�c� s��ns in �he re�taur�nt ;in��r�n�r whfch d�siqrt�te smak3nq Qr f�o smnkfriq arear; Si�ns �rE�ict� d�s�g�at� smokin� �i nc �mok��g ar�a�s establ�5h�d;by �h�� E�apt�r sha7� b� ;�l��Y`3yx sctfficiently; ; arid cansp3�ueusly �c�s�Qd The:manner of sucfi posting incTuding the wording, size, color, �3�;SiqR, e�nd pla�4 �7f pe�5t'Eitg �M��Cher p� th�` t�a��s, ;;dot�rs,`; tables, counters, stands or elsewhere shall be at tfie 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. ' 1 No p�:rsart sf�a7't ��i�3mtdate nr t�r�at�:r� arty r��ri;sat trr effe�� an� repr;isa�l �Enr tfte., purpn�e uf retaliatin� �gainst anottier persan I�ecaus� su��:;uther �ersan s�ee;ks �� aLtakn c�mpl;ance ,�ith the pro�ris�arts afi Lhis chapter�; _.... 8 of lo �FEB 18 1992 I'rt�3�: 5 Ordinance No. Page 4 � _��18 C�� [��iB��Y' S�id�� . a�ir�#�a'�lyf`r�qu�s�. +gvw�rnm�ntal ar�� edu�a��rr��"� ��nc��s'1��7��d. �tfth ��r? sp��4f1c br�s�n�ss within �t�� G��y ��' Pt�aa� ��z �stah'l��h laca'! �peratin� pra��du�� c�ope.ra�e �nd ��1� w��t�`�hi�'�h�p��, lt� �� rremi�ex w��h�n thg Cit� �f Pcs�ray wh3�h ar� own��, operatec� �r l�a�ed b� the Fe��ral= or S�a�� ernrt�r�t�;or' by s��ctal ��s�ri�t�� sch+u�r'E d�E��ricts>ar, �v�nanit�! '�o1��ge _ dtstr�fcts� �h� Ci�y �lana��r sha13' ;��<8ttf�r�er�rit af �h� �xi�$i;nq,n� smok�ti� �roliib3t�dn� qf thu;��: ag�e��i�s and requ�s� ��rpe�!�tirrn w�#�� xh�s tftapter . ;.. . ..�. 8 04 090 Except�ons Exceptions to this chapter shall be as follows A ind3xi�lua'# ;pr�u�t�; 4tfice�, irr p9a�es �r�" emg�r�yment assi�n�d �c� �n'�y �ne .��san>` Rr�vi�ed �h�t such c�ff�ce� haYe. fl�ar Lo �eil�ng waT�s and d��r�. tt�at sfl� Sa��k9nq :shatl be permitt�d �n suck� private �f�t��s� nr;�y �rhen:,�f�� doars are cT�sed, �� smoke; dr�fts`>t�tL�r.shar� w�rk ar�eas;� an� w#ie� ,no n�an-;smnk9ng: p�rs+an::�s prs�'er�t , , "` � '�Hotel and motel meeting areas and assembly rooms rented to guests, areas°and rooms while in use for private social functions, private hospital rooms C Psychiatric facilities, '�n�l[td�tt� psych��tY�� un't�s o� �nspit�l5, ��ei�i��l �epend�n�y and s�bst�a��'ab��e� �ac��tti�s, fin�tue��f� d��nd��t�� and — substance abus� units withi�r h�spita��, end lc�n� ter�n sk�7"[ecf nursirrg fac3;l�t��s.; U Bars, "toun�es ancii simitar estab�ishments where ;th� pr�ma�r�y� b�s�ne�s �� saTe t�f ;a1�alt�lic,bev�r�ge� f�r consuaipLion ar� Eh� �r�mrs�s anA, whz�#� r�quire �t't: a��uparits ta Fre �f yeaf�s af aqe trr .a�d�r.< �.,:. Stores that deal "excTusiveTy in tobacco products and accessories. $..°" � _.........+,. _.:_,. .....�.�;..�....,,..... ;�k_.,�A...:.,.. :.,. ..r �,.,... L'lRir-�'M/e{�'��$8fl$. TL... �.F{. ..�f: T*�7 F. Any owner or manager of a business or other establishment subject to this chapter may apply to the City Manager� for an exemption or modification of the provisions of this chapter due to' uni`que or unusual circumstances or conditions. 8.Q�. 100 Viotat9t�n Enforcement and assea� P�na'��'tes R. Pn:Y Person wE�o yt�tates anY prayi�aun af this chaA��r by smaicin� ir� � paste8 "�it� �m�k�ng":' area, t�r by fail�ng t� post ar ca�s� �o b� pa��ecE a °Nn S�nofcing" s�gr� requjred b.� thi� �hagter, �r by a tcnawiag ;;�a�'I�tr�;; CQ �nf�nn any p�rs�rn who .uit�lat�s the �r�V9�3ans t�f �bis �hapt;er, �uh�n s�ch �uty tn infnrm dri��s as �et fortt� in th�:5 seC�ion, �s guitty o� dt1 ihfrd�tlafl; �nd, �pat� cctniii�tat�n :th�re+ofr skt�Il_;Da pc�nl�hed as.;;spectf5ed 3n Sectian t;,08 �1� ;�€ th�s _ _ . . Cade, 9 of 10 �E9 18 1992 I�L71; 5 Ordinance No. Page 5 B. The City Council shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City are involved. erator or mana er of an ' `�'��>';:�r:;-<"�;i��=::Qf �.__ The owner, op g .Y Pu��;E;:'��'°:A�;a�::;;;�,..,.:...,.>........�.::::<:,::. �jp[p�� ' ' , ' within t�ie purview of t�is ch`apter sfiall comply herewith. Such owner, operator or manager shall post or cause to be posted all "No Smoking" „si,�ns reguired by this .chapter,_,.Such owner,, , , , , operator or manager shall _?ii�'�rin �itiy pers:ori w�o tiiidT�tes ��is ehipt�r ��` ��# {trtalE;tsi�n5 af �h9s chaiptei�. and m�iy refuxe �ew "services tsr-::sa�e� to a�ry ..�... ,.i .�,.:. ��.._ ..�:....,,,. �.. ,.�.:_.. _.,.a uAf.. E.:..I,:....n s�c#i' person�;• ,�. .._ :_ . ..,. ......,.: a�ea- q. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees. Section 2. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid that invalidity shall not affect other provisions or applications af the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Powav News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the day of , 1992, and thereafter PASSED AND ADOPTED at a regT meeting o sa�ity Council held the _ day of , 1992, by the following roll call vate: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: an o smit , ayor ATTEST: Mar�orie . a sten, ity er ml\wp51\ordinanc\smoke 10 of 10 FEB 18 19°2 I�i:ll; 5