HomeMy WebLinkAboutMC-905
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ORDINANCE NO.
Me-90S
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:
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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:
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A.
Numerous studies have found that tobacco smoke is
a major contributor to indoor air pollution. The
Environmental
Protection Agency
(EPA)
has
conducted additional studies to warrant the
classification of environmental tobacco smoke
(ETS) or secondhand smoke as a Group A carcinogen
and is the only agent ever classified by the EPA
as a known human lung carcinogen.
B.
Reliable studies have shown that breathing
secondhand smoke is a significant health hazard,
especially
for certain population groups,
including elderly people, children, individuals
with cardiovascular disease, and individuals with
impaired
respiratory
function,
including
asthmatics and those with obstructive airway
disease;
C.
Health hazards induced by breathing secondhand
smoke include lung canc:et;, respiratory infection,
decreased
exercise
tolerance,
decreased
respiratory function, bronchioconstriction, and
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D.
bronchiospasm;
Nonsmokers with allergies, respiratory disease
and all others who suffer ill effects of
breathing secondhand smoke may experience a loss
of job productivity;
The Surgeon General of the United States has
advised nonsmokers to avoid exposure to tobacco
smoke wherever possible, and found that simple
separation of nonsmokers and smokers lowers but
does not eliminate the risk of nonsmokers from
secondhand smoke;
The smoking of tobacco, or any other weed or
plant, is a proven danger to health;
The Surgeon General of the United States has
declared that nicotine is as addictive as cocaine
or heroin; no other addictive product or drug, or
cancer causing product or drug is sold through
vending machines:
The U.S. Secretary of Health, the U.S. Surgeon
General and the leading voluntary heal th
'organizations all recommend the elimination of
cigarette vending machines for health reasons;
Accordingly, the health, safety and general
welfare of the residents of, persons employed in,
and persons who frequent this City will be
benefitted by the regulation of smoking in
enclosed places.
E.
F.
G.
H.
1.
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8.72.020 Definitions.
.The following words and phrases, whenever used in
this chapter, shall be construed as defined in this
section:
A. "Bar" means an area which is devoted to the
serving of alcoholic beverages and in which the
service of food is only incidental to the
consumption of such beverages. A bar includes
only those places which prohibit entry at any
time by any individual under the age of 21.
B. "Business" means any' sole proprietorship,
partnership, joint venture, corporation or other
business entity formed for profit making purposes
as well as professional corporations and other
enti ties which provide legal, medical, dental
engineering, architectural, or other professional
services and which "business" employees two (2)
or more persons. Management employees shall be
included in the calculation of the two or more
persons.
C. "Employee" means any person who is employed by
any employer in consideration for direct or
indirect monetary wages or profit, and any person
who volunteers his or her services for a non-
D.
profit entity.
"Employer" means any business and any non-profit
entity with two or more employees. Management
employees shall be included in the calculation of
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the two or more persons.
"Enclosed Area" means all space between a floor
and ceiling which is enclosed on all sides by
solid walls and/or windows (exclusive of door or
passage ways) which extend from the floor to the
ceiling, including all space therein.
"Enclosed athletic recreation area" means
gymnasiums, health spas, swimming pools, roller
and ice rinks.
"Freestanding Bar" means a bar which is located
in its own building or if in a building with
another business or restaurant, has its own
independent air ventilation system and a floor to
ceiling physical barrier.
"Non-profi t enti ty" means any corporation,
unincorporated association, or other entity
created for charitable, educational, political,
social, or similar purposes, the net proceeds
from the operation of which are committed to the
promotion of the obj ects or purposes of the
organization and not to private financial gain.
A public agency is not a "non-profit entity"
within the meaning of this section.
"Place of employment": means 1) any enclosed
area, 2) under the control of a public or private
employer, 3) which employees occupy with normal
frequency during the course of employment,
"including but not limited to, work areas,
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F.
G.
H.
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employees lounges, and restrooms, conference and
classrooms, cafeterias, and hallways, except that
a private residence is not a place of employment,
unless it is used as a child care or health care
facility.
"Public place" means any enclosed area to which
the public is permitted, including but not
limited to: banks, private educational
.facilities, health facilities, public
transportation facilities, malls, reception
areas, restaurants, retail food production and
marketing establishments, retail service
establishments, retail stores, theaters, and
office waiting rooms. A private residence is not
a public place.
"Restaurant" means any coffee shop, cafeteria,
tavern, sandwich stand, soda fountain, private or
public school cafeteria, and any other eating
establishment, organization, club, boarding
house, or guest house, which gives or offers food
for sale to the public, guests, patrons, or
employees, except that the term "restaurant"
shall not include a cocktail lounge or tavern if
said cocktail lounge or tavern is a "bar" as
defined herein.
"Retail tobacco store"
utilized primarily for
products and accessories.
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J.
K.
L.
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means a
the sale
retail store
of tobacco
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M. "Service line" means an indoor queue in which one
or more persons routinely wait for or receive
service of any kind, whether or not such service
includes the exchange of money.
N. "Smoking" means the igniting, inhaling, or
carrying of any burning cigar, or cigarette of
any kind, or the igniting, inhaling, exhaling or
carrying of a pipe or other device for smoking,
containing any burning substance.
O. "Wai ting room space" means the common area of any
office, restaurant, theater or any other facility
where persons routinely wait.
P. "Tobacco vending machines" means any machine or
device designated for or used for the vending of
cigarettes, cigars, tobacco, or tobacco products
upon the insertion of coins, bills, trade checks
or slugs.
8.72.030 Prohibition against smoking in city owned
facilities.
Smoking is prohibited in all enclosed facilities
owned by or under the direct or indirect control of
the City of San Bernardino;
8.72.040 Prohibition against smoking in public
places.
A. Smoking shall be prohibited except as otherwise
specifically set forth herein in all enclosed
public places, including, but not limited to, the
following:
1. Elevators and restrooms.
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2. Buses, taxicabs and other means of public transit
operated under the authority or Franchise of the
City of San Bernardino, and ticket boarding, and
waiting areas of public transit depots.
3. Service lines.
4. Retail stores.
5. Retail food marketing establishments, including
grocery stores and supermarkets. Those areas of
such establishments set aside for the purpose of
serving food and drink shall be subject to the
same provisions as set forth herein for the
regulation of smoking in restaurants.
6. All areas available to and customarily used by the
public in all businesses and non-profit entities
patronized by the public, including, but not
limited to, such areas in business offices, banks,
hotels and motels.
7. Public areas of aquariums, libraries, and museums
when open to the public.
a. Any building not open to the sky which is used
primarily for exhibiting any motion picture,
stage, drama, lecture, musical recital or other
similar performance, except when smoking is a part
of any such production.
9. Enclosed athletic recreation area.
10. Waiting rooms of doctors' offices and dentists'
offices, hallways, wards, and patient rooms of
health facilities, including, but not limited to,
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hospitals,
therapy
clinics,
and
physical
facilities.
11. Polling places.
B. Notwithstanding any other provision of this
section, any owner, operator, manager or other
person who controls any.establishment described
in this section may declare the entire
establishment or any portion thereof to be a non-
smoking area.
8.72.050 Smoking in restaurants.
Smoking is prohibited and is unlawful within all
enclosed restaurants.
8.72.060 Child care facilities.
Smoking is prohibited and unlawful in any
facility or private home providing child care, either
licensed or unlicensed, and either on a 24-hour basis
or day care, for children not part of the family of
the provider, but only when children are present.
8.72.070 Regulation of smoking in places of
employment.
Except as otherwise provided in this chapter,
smoking shall be prohibited in all enclosed places of
employment.
8.72.080 Vending machines.
No cigarette or other tobacco product may be
sold, offered for sale, or distributed by or from a
vending machine or other appliance, or any other
device designed or used for vending purposes except in
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freestanding bars.
8.72.090 Where smoking is not regulated.
Notwi thstanding any other provisions of this
chapter to the contrary, the following specific and
limi ted areas shall not be subj ect to the smoking
restrictions of this chapter.
1. Bars and freestanding bars.
2. Up to 35% of hotel and motel rooms in a hotel or motel
rented to guests may be designated as smoking rooms;
providing however, that smoking shall be prohibited in
the lobby, conference rooms, and other common areas of
hotels and motels.
3. Retail tobacco stores.
8.72.100 Posting of smoking and no smoking areas.
A. The international "No Smoking" symbol (consisting
of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar
across it on a sign of a minimum of six inches
(6") in width and eight inches (8") in height),
citing this subsection shall be clearly, and
conspicuously posted in every building or other
place where smoking is controlled by this chapter
.by the owner, operator, manager or other person
having control of such building or other place.
B. Every theater owner, manager or operator shall
conspicuously post signs in the waiting area
stating smoking is prohibited.
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8.72.110 Violations.
A. It is unlawful for any person to smoke in a place
where smoking is prohibited by this chapter.
B. It is unlawful for any person who owns, manages,
operates or otherwise controls the use of any
premises subject to the prohibition of this
chapter to fail to comply with any of its
provisions.
C. Any person or business which violates subsection
"A" or "B" of this section or permits such
violations, or any other provision of this
chapter, except as otherwise provided herein
shall be guilty of an. infraction, punishable as
set forth in San Bernardino Municipal Code,
Section 1.12.010(B).
8.72.120 Enforcement.
A violation of any of the provisions of this
chapter shall constitute a public nuisance and may be
abated by the City through means of restraining order,
preliminary or permanent injunction or in any other
manner provided by law for the abatement of such
nuisance and the City may take action to recover the
cost of such nuisance abatement.
Notwithstanding any other provision of this
chapter, a private citizen may bring a legal action to
enforce this chapter.
8.72.130 Non-Retaliation
It is hereby declared to be a violation of public
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policy for a person or employer to discharge, refuse
to hire, or in any manner retaliate against any
employee or applicant for employment because such
employee or applicant exercises any rights afforded by
this chapter.
8.72.140 Other applicable laws.
This chapter shall not be interpreted or
construed to permit smoking where it is otherwise
restricted by other applicable law or regulation.
8.72.150 Severability.
If any provision, clause, sentence or paragraph
of this chapter or the application thereof to any
person or circumstances shall be held invalid, such
invalidity shall not affect the other provision of
this chapter which can be given effect without the
invalid provision or application, and to this end the
provisions of this chapter are declare to be
severable."
/ / /
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AN ORDINANCE...AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO SMOKING
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular meeting thereof, held on the 6th
June
day of
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
, 1994, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
C/J'e~ ~
_________ '-).1 \
. / "7,' I M
/ c-'5J1,. ,it-<-^-
Tom.Minor, Mayor
City of San Bernardino
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The foregoing Ordinance is hereby approved this ?./.-U day
x
of June
, 1994.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
? _ 7'1~ Y-Zti a-pv
By: ..duu -
- ~:d~;;: 6~
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