HomeMy WebLinkAboutCity-Wide Smoking Ordinance Enforcement Policy - Ordinance 3Page 4 - Council/Agency Agenda - 62/02198 (4)
Councilmember Garofalo complimented Red Cross presence in City. He cited
need to meet with Red Cross regarding allowing pets to go to Emergency
Shelters with the evacuees]
C-1. (City Council/Redevelopment Agency) Council Committee/Council Liaison Reports
[None]
C-2. (City Council/Redevelopment Agency) City Administrator's Report (100.10)
(City Council) Enforcement Policy For The New State Smoking Regulations
[(1) Community Development Director to present report on how city will proceed
with new State Law
(2) Public Works Director exemplary service To City commented upon by Acting
City Administrator
(3) Report from Public Works Director on El Nino preparations done on storm
drain line at GothardMarner and procedure for public to obtain of sand bags]
C-3. (City Council) Review And Accept City Treasurer's December, 1997 Investment
Summary Report (310.20)
Communication from the City Treasurer transmitting the December, 1997 Monthly
Investment Summary Report for City Council review and acceptance.
Recommended Action:
Review and accept monthly report. Following review of the report, by motion of Council,
accept the Monthly Investment Summary Report for December, 1997, pursuant to
Section 17.0 of the Investment Policy of the City of Huntington Beach.
[Approved 5-0 -- Bauer: Absent, Sullivan: out of the room]
(4)
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VIA: Ray Silver, Acting City Administrato a/c./
FROM: Ron Lowenberg, Police Chief
Melanie S. Fallon, Director of Com unity Developments{
DATE: February 9, 1998
SUBJECT: CITY-WIDE SMOKING ORDINANCE ENFORCEMENT POLICY
At the January 20, 1998 City Council meeting, the Council approved changes to Chapter 9.08,
Smoking Restrictions of the Huntington Beach Municipal Code. As a follow up item, the City
Council requested staff to return with a city-wide smoking enforcement policy. The purpose of
this policy is to provide City staff with guidelines by which the revised smoking ordinance will
be enforced by Code Enforcement and the Police Department.
The State legislature has passed and the Governor has signed a new law which went into effect
on January 1, 1998. The new law is intended to prohibit smoking in most establishments where
employees work, including bars and restaurants (California Labor Code S6404.5).
The law makes it an infraction for an employer to permit smoking in his or her place of business,
unless he or she has: 1) posted "No Smoking" signs; and 2) has requested "when appropriate,"
that the smoker refrain from smoking. It also makes it an infraction for any person to smoke in
closed places of employment unless the establishment is a bar that has five (5) or fewer
employees. If a workplace has five (5) or fewer employees, is closed to minors and all
employees agree that smoking may be permitted, then smoking may be allowed. The fine is
$50.00 for the first offense, $100.00 for a second offense and $100.00 for a third offense.
Thereafter, a fine not to exceed $250.00 shall be paid each day during which the offense occurs.
Enforcement of this ordinance will be the responsibility of Code Enforcement during the day
(8:00 AM to 5:00 PM) and the Police Department at night. (Code Enforcement Officers
currently do not work at night.) Upon responding to a smoking complaint during the evening, the
Police Department shall conduct an investigation and forward any written reports or citations to
Code Enforcement for follow up.
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Unless otherwise directed by the City Council, the smoking ordinance shall be enforced as
follows:
Upon receipt of a citizen complaint, Code. Enforcement shall proceed to the address. of the
alleged smoking violation. If upon arrival, the Code Enforcement Officer determines that a
violation of the smoking ordinance exists, the Code Enforcement Officer shall take the
following steps:
a. If "No Smoking" signs are posted, the Code Enforcement Officer shall issue an infraction
citation to the person who is smoking. The fine shall be $50.00 for the first offense,
$100.00 for the second offense and $100.00 for the third offense. Thereafter, a fine of
$250.00 shall be paid each day, or portion thereof, during which an offense occurs. If the
Police Department is needed by Code Enforcement, the Police Officer shall stand by and
back up the Code Enforcement Officer during the enforcement process. The issuance of a
citation shall be the responsibility of the Code Enforcement Officer.
b. If the Code Enforcement Officer determines that "No Smoking" signs have not been
posted and no verbal request has been made, the Code Enforcement Officer shall issue an
infraction citation to the business owner, manager or person in charge. The fine shall be
the same as stated in La. above.
All citations shall be processed through West Orange County Municipal Court in the same
manner as other infraction citations.
Attachment:
1. Ordinance No. 3385
(298MS2)
(198MS3)
ORDINANCE NO. v85
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.08 OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO SMOKING REGULATIONS
The City Council of the City of Huntington Beach.does hereby ordain as follows:
SECTION 1. That certain sections of Chapter 9.08 of the Huntington Beach Municipal
Code are hereby amended to read as follows:
9.08.010 Purpose and findings. The City Council finds there is ample evidence that smoking
tobacco in any form is a real danger to the general health and an irritation, inconvenience, and
discomfort to persons in enclosed areas. In order to serve the public health, safety and welfare,
the declared purpose of this chapter is to promote a policy of nonsmoking and to regulate
smoking in any building or establishment frequented by the public, to the extent allowed by
state law.
9.08.040 Hospitals and health care facilities —Smoking prohibited. This section will
become effective only upon 1) the repeal or invalidation of California Labor Code section
6404.5; or 2) legislative modification to California Labor Code section 6404.5 such that
local agencies may regulate smoking in places of employment.
(a) No person shall smoke in any area, except those designated and posted for such purpose,
of any hospital and health care facility, as defined in California Health and Spft Code
section 1250.
(b) Every publicly or privately -owned hospital and health care facility shall assign patients
rooms or wards, according to individual preference, and no nonsmoking patient shall be
placed in a room or ward which has been designated for patients who smoke.
9.08.050 Meeting rooms —Smoking prohibited. This section will become effective only
upon I) the repeal or invalidation of California Labor Code section 6404.5; or 2) legislative
modification to California Labor Code section 6404.5 such that local agencies may regulate
smoking in places of employment.
No person shall smoke in any hearing room, conference room, chamber or any place where
public business is conducted, and to which members of the public are admitted, whether as
participants' or observers.
9.08.060 Theaters and auditoriums —Smoking prohibited. This section will become
effective only upon 1) the 'repeal or invalidation of California Labor Code section 6404.5, or
2) legislative modification to California Labor Code section 6404.5 such that local agencies
may regulate smoking in places of employment
No person shall smoke in any publicly or privately -owned theater, auditorium or similar
facility, designed and used for motion picture shows and stage productions, including but not
restricted to musicals, concerts, recitals, operas, and sporting events, except the lobby, and
business or work areas barred to the public. Every person who owns, manages, or has control
of a theater, auditorium, or facility used for the purposes stated herein, shall post signs
conspicuously in the lobby informing the public that smoking is not pennitted inside such .
theater, auditorium, or facility. In the case of motion picture theaters, such information shall
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be displayed on the screen for not less than five (5) seconds before the beginning of the feature
film.
9.08.080 Eating establishments —Smoking prohibited This section will become effective
only upon 1) the repeal or invalidation of California Labor Code section 6404.5, or 2)
legislative mod f cation to California Labor Code section 6404.5 such that local agencies
may regulate smoking in places of employment.
(a) Any person owning, managing, operating or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-five (25) persons or more shall
provide and maintain a nonsmoking section of not less than seventy-five percent (75%) of
the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or
that portion of the premises used primarily for the sale of alcoholic beverages. The
requirements of this section shall not apply to any room or rooms in a restaurant or eating
establishment which may be reserved for private functions. The nonsmoking section
referred to herein shall be increased to one hundred percent (100%) of the aforesaid
enclosed area on January 1, 1995.
(b) Any person owning, managing, operating, or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-four (24) persons or less shall
provide and maintain a nonsmoking section of not less than one hundred percent (100%) of
the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or
that portion of the premises used primarily for the sale of alcoholic beverages. The
requirements of this section shall not apply to any room or rooms in a restaurant or eating
establishment which may be reserved for private functions.
9.08.090 Employer compliance. This section will become effective only upon 1) the repeal
or invalidation of California Labor Code section 6404.5, or 2) legislative modification to
California Labor Code section 6404.5 such that local agencies may regulate smoking in
places of employment.
As evidence of good faith compliance, an employer with four (4) or more employees, shall
meet the following criteria:
(a) Within 120 days after the effective date of this chapter, an employer shall adopt,
implement and maintain a no smoking policy, containing a definition of "immediate work
area, which insofar as practicable, shall make reasonable provisions for nonsmokers and
smokers. Such policy shall be posted in appropriate locations throughout the work place, .
and copies thereof furnished to all employees.
(b) An employee may request, based on the employer's policy, that his or her immediate work
area be designated nonsmoking. Nonsmokers shall be given preference, and may lodge a
complaint with the employer with respect to pollution by tobacco smoke of his or her
immediate work area. The employer shall, using existing ventilation, walls, temporary
separations and partitions, make every effort to resolve any problem between nonsmoking
and smoking employees.
(c) If an employer finds that the floor plan for a business does not provide sufficient relief for
nonsmoking employees, he may, when practicable, reassign such nonsmokers to other
locations, enlarge the area in which smoking is prohibited, or take any other reasonable
measure to eliminate or reduce the effect of tobacco smoke on nonsmokers.
9.08.130 Prohibitions. This section will become effective only upon 1) the repeal or
invalidation of California Labor Code section 6404.5, or 2) legislative modification to
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California Labor Code section 6404.5 such that local agencies may regulate smoking in
places of employment
(a) No employer, owner, operator, manager, or person in charge or control of any place of
business, hospital or health care facility, or theater or place of entertainment shall fail to
establish and post a written smoking policy on the premises, or fail to. place.conspicuous
"no smoking" signs in appropriate areas, and insofar as practicable, shall fail to comply
with the requirements of this chapter.
(b) It shall be unlawful for any person willfully to destroy or mutilate any sign which prohibits
smoking.
(c) It shall be unlawful for any person to smoke in any posted nonsmoking area.
9.08.140 Violation —Penalty. This section will become effective only upon 1) the repeal or
Invalidation of California Labor Code section 6404.5, or 2) legislative modification to
California Labor Code section 6404.5 such that local agencies may regulate smoking in
places of employment
Any person who violates or willfully fails to comply with any provision of this chapter shall be
guilty of an INFRACTION, and upon conviction thereof shall be subject to the following: .
(a) For the first offense, a fine not to exceed fifty dollars ($50);
(b) For the second offense, occurring ninety (90) days after the first offense, a fine not to
exceed one hundred dollars ($100);
(c) For the third offense, occurring ninety (90) days after the second offense, a fine not to
exceed one hundred. dollars ($100);
(d) Thereafter a fine not to exceed two hundred fifty dollars ($250) shall be paid each day, or
portion thereof, during which an offense occurs.
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the day of
ATTEST:
City Clerk
REVIEWED AND APPROVED
City A ministrator
Mayor
APPROVED AS TO FORM:
%L/-y:pity Attorney v }� �� I
INITIATED AND APPROVED:
City Attorney
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