Loading...
Ord 89ORDINANCE NO. 89 AN ORDINANCE AMENDING THE POWAY CODE OF REGULATORY ORDINANCES RELATING TO PROHIBITION OF SMOKING IN CERTAIN PUBLIC AREAS The City Council of the City of Poway does ordain as follows: Section 1. Section 32.801 of the Poway Code of Regulatory Ordinances is hereby amended to read: Section 32.801. PURPOSE OF CHAPTER. 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 article is to prohibit the smoking of tobacco, or any other weed or plant, in public places and places of employment, except in designated smoking areas. Section 2. Section 32.802 of the Poway Code of Regulatory Ordinances is hereby amended to read: Section 32.802. DEFINITIONS. (a) "Smoke" or "smoking" as defined in this chapter shall mean and include the carrying of a lighted pipe, or the lighting of a pipe, cigar or cigarette of any kind. (b) "Public place" shall mean any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theatres, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence is not a "public place". (c) "Place of employment" shall mean any enclosed 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". Section 3. Section 32.803 of the Poway Code of Regulatory Ordinances is hereby amended to read: Section 32.803. PROHIBITIONS. No person shall smoke in a public place or place of employment, except in designated smoking areas. Page 1 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 15th day of March 1983, and thereafter PASSED AND---~UUPTED at a regular meeting of said City Council held the 22nd day of March , 1983, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: EMERY, KRUSE, TARZY, SHEPARDSON COUNCILMEMBERS: 0RAVEC COUNCILME~BERS: NONE MARY L. ~F , Marjo~ie\~K. Wahlsten, City Cler~ Page 4 Section 4. Section 32.804 of the Poway Code of Regulatory Ordinances is hereby amended to read: Section 32.804. DESIGNATION 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, public conveyances, theatres, auditoriums, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by law, ordinance or regulation. Where smoking areas are designated, existing 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 smoke-free areas for nonsmokers to the maximum extent possible within existing facilities. Restaurants covered by the provisions of this article shall designate an adequate amount of seating capacity to sufficiently meet the demands and shall inform all patrons that a no smoking section is provided. Section 5. Section 32.805 of the Poway Code of Regulatory Ordinances is hereby amended to read: Section 32.805. OPTIONAL PROHIBITION. Ail 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 provisions of this chapter. No public place other than the ones enumerated in Section 32.808 shall' be designated as smoking area in its entirety. Section 6. Section 32.806 of the Poway Code of Regulatory Ordinaces is hereby amended to read: 806. POSTING OF SIGNS. Signs which or no smoking areas established by this clearly, sufficiently, and conspicuously oom, building, or other place so covered by ~-smoking signs shall be specifically placed productions and marketing establishments, 'y stores and supermarkets open to the ~re clearly visible to persons upon entering y visable to persons in checkout lines, and to persons at meat and produce counters. ~uch posting including the wording, size, nd place of posting whether on the walls, doors, tables, counters, stands or elsewhere 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, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter. Section 32. designate smokin~ chapter shall b~ posted in every this chapter. in retail food including groce] public, so they the store, clear] clearly visible The manner of color, design, Page 2 Section 7. Section 32.808 of the Poway Code of Regulatory Ordinances is hereby amended to read: Section 32.808. EXCEPTIONS. (a) Individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities, jails, bars, and stores that deal exclusively in tobacco products and accessories. (b) Restaurants or eating establishments with a seating capacity of less than 20 persons. Those with a seating capacity of less than 20 shall have the option of designating a no-smoking section or allowing or prohibiting smoking throughout the establishment. (c) Any owner or manager of a business or other establishment subject to this ordinance may apply to the City for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. Section 8. Section 32.809 of the Poway Code of Regulatory Ordinances is hereby amended to read: Section 32.809. ENFORCEMENT AND APPEAL. (a) The City Council shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City of Poway are involved. (b) 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. Such owner, operator or manager shall not allow service to any person who violates this chapter by smoking in a posted "No Smoking" area. (c) It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees. Section 9. 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 Poway News Chieftain, a newspaper of general circulation published in the County of San Diego. Page 3