HomeMy WebLinkAbout2015-1102 Study Session PACKET
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, November 2, 2015
Council Chambers, 1175 E. Main Street
5: 30 p.m. Study Session
1. Public Input (15 minutes maximum)
2. Look Ahead review
4. Discussion of downtown behavior issues and additional approaches (request of
Councilor Seffinger)
5. Discussion of downtown smoking ban (request of Councilor Seffinger)
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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CITY OF
ASHLAND
Council Communication
November 2, 2015, Study Session
Discussion of downtown behavior issues and additional approaches
FROM:
Dave Kanner, city administrator, dave.kanner@ashland.or.us
SUMMARY:
Councilor Seffinger has requested a study session discussion of downtown behavior issues and
additional steps the City might take to address them.
BACKGROUND AND POLICY IMPLICATIONS:
Prompted by reports this summer of increasingly aggressive behavior by people and dogs in downtown
Ashland, Councilor Seffinger requested a study session discussion of downtown behavior issues and
additional steps the City might take to address them. Councilor Seffinger seeks Council direction to
staff to develop tactics and approaches (for Council consideration) that fall into the following broad
strategic categories:
• Changes to the Municipal Code to provide additional tools to law enforcement;
• Education and information to the community and visitors to change attitudes toward panhandling;
• Enhanced law enforcement and/or uniformed presence; and
• Community responses (not necessarily involving City government).
Councilor Seffinger specifically suggested the following as a discussion guide for addressing the above
strategies:
1. What ordinances are currently on the books that address behavior such as littering, blocking the
sidewalk ( including blocking with backpacks)which interferes with ADA accessibility, selling without
a permit, musical performance, noise ordinances, smoking marijuana in public, dogs in the downtown?
2. What behaviors still need to be addressed?
a. Some behaviors of concern include aggressive panhandling with intent to threaten. Can this be
defined and an ordinance preventing this behavior be instituted?
b. Are additional ordinances needed to address concerns with aggressive dogs, unvaccinated and
unlicensed dogs, dogs that are not kept on six foot leashes, dogs blocking the sidewalk?
c. Smoking in the downtown increases public exposure to second hand smoke which endangers
health and creates an environmental hazard to wildlife when cigarette butts are left on the
ground. I would like to propose a downtown no smoking ordinance.
d. How do we improve /increase uniformed presence downtown? Where do we get the funding?
e. How do we work in cooperation with other community partners to address these issues?
f. Do we want to institute other ordinances in the city regarding these issues?
g. We have had complaints concerning camping in a vehicle on a public road, do we want to
address this issue?
Page 1 of 2
~A,
CITY OF
-ASH LAN D
h. Do we want to adopt an ordinance preventing transfer of money to/from a vehicle on a public
road? Medford has such an ordinance to increase road/driving safety.
COUNCIL GOALS SUPPORTED
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTIONS:
N/A.
ATTACHMENTS:
Existing AMC tools for addressing downtown behavior
Whitehall, Ohio, "Keep the Change" sign
Memo from Mayor Stromberg
Page 2 of 2
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CITY OF
ASHLAND
Memo
DA'T'E: October 28, 2015
TO: City Council
FROM: John Stromberg, mayor
RE: Thoughts on the downtown behavior issues study session
Basically what I want to do in this session is discuss guidance to staff to bring us options for
addressing this issue, from a variety of different approaches (please see below).
But first I want to be explicit about three fundamental assumptions underlying my thinking:
1) This is a community problem that requires a community approach. This City has unique
powers, resources, etc. but also constraints, while other components of our community have their
own roles to play that they will determine in parallel to the City's process - and this also applies
to individual citizens.
2) Whatever the City does in terms of regulations, enforcement, etc. must apply equally to
everyone in Ashland, within the normal discretion that is allowed and used with our existing
activities.
3) We must always keep our focus on the issue as one of behavior and not shift to profiling or
stereotyping. However, this does not mean we shouldn't try to understand and tailor our
approach to individuals and groups that exhibit these behaviors but only to those that actually
do. A fine point, I understand, but a crucial one.
Now here are the areas that 1, personally, would propose we ask the staff to explore as they
prepare options for us to consider. During our discussion you may chose to adopt some or all of
them OR propose some of your own for the Council to consider.
At the end of our meeting we can draw upon our shared interests to give direction to staff for
developing options for Council consideration at a future study session.
Possible areas from which staff could develop options:
l) What existing ordinances and laws apply to the behavior problems we're experiencing and
are we fully enforcing them?
11TALAR
2) Can we develop a "Know the Rules" card to be given out to any person who is being warned
or cited for the first time.
3) Find a way to understand the perceptions of Ashland and Downtown from the point of view
of the people causing the problems (how they view the panhandling process, their donors, our
laws, the police, each other, etc.).
4) Do we need to apply more resources (personnel, communications, materials, etc.) to the
problems?
5) How can we quicken our response time to what appears to be a transient-driven problem?
6) Should we include vehicles in our consideration (parking, keeping animals in them, sleeping
in them, etc.)?
7) Do we need new ordinances to deal with the problem?
8) Can we share information with other cities (e.g. Eugene) that have similar problems, both re
possible actions to take and re the movement and behavior of some of the same people who
frequent both cities?
9) Understand the relationship between social media and the issue, for insights and information
gathering and for becoming actively involved.
10) The role of animals in the issue (vaccinations, puppy mills, `packs' of dogs, dangers to
people and local dogs, etc.)
11) The opportunities and responsibilities of coordinating with others in our community.
12) The possibility of making existing services to our local homeless population "a little less
friendly" to people without a local address.
13) Find out why Eugene and Ashland have different interpretations of what constitutes,
"blocking the sidewalk".
14) Explore who are our `partners' in addressing this issue (OSF, downtown business
community, Ashland Lodging Association, Uncle Food's, owners and operators of large retail
complexes (at Exit 14 especially), Well Springs, local religious organizations, etc.).
15) Explore the feasibility of suggestions from the Oct. 28 Listening Session, that are legally
viable and that aren't included among the preceding items.
~r,
CITY OF
ASHLAND
Council Communication
November 2, 2015, Study Session
Discussion of downtown smoking ban
FROM:
Dave Kanner, city administrator, dave.kannerCt~iashland.onus
SUMMARY:
Councilor Seffinger has requested a study session discussion of adopting a complete or partial ban on
smoking in downtown Ashland.
BACKGROUND AND POLICY IMPLICATIONS:
Councilor Seffinger has requested a discussion of a complete or partial ban on smoking in downtown
Ashland. State law already prohibits smoking within ten feet of a business entrance, exit or operable
window, but that is public health code and is enforced by the property owner or lessee. It is not a
violation or criminal offense.
Site-specific smoking bans are not uncommon. There are at least 1,155 cities throughout the U.S. that
have adopted smoke-free parks ordinances, including Ashland, and more than 250 with smoke-free
beach ordinances (again, including Ashland). There are many cities that have adopted smoking bans in
specific public areas of their downtowns, usually related to public plazas and sidewalks, but bans on
smoking anywhere in a downtown are rare. The cities of Concord, CA, Livermore, CA, South San
Francisco, CA, and Fort Collins, CO, ban smoking in their downtowns. Boulder, Colorado, comes
close with a ban on smoking in its Business Improvement District. Arcata, CA, had such a ban at one
point, but appears to have repealed it. The City of Eugene has been discussing a downtown smoking
ban and may soon move in that direction, but has nothing on the books as of now and has not drafted
any ordinances or policies. Salem has an ordinance in place that allows a property owner to prohibit
smoking on sidewalks and landscape strips that are adjacent to properties where smoking is prohibited
by the property owner.
COUNCIL GOALS SUPPORTED
N/A
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTIONS:
N/A.
Page I of 2
CITY OF
ASHLAND
ATTACHMENTS:
Draft "Ordinance Prohibiting Smoking in Designated Outdoor Areas," prepared by Councilor
Seffinger
Salem, Oregon, Ordinance 27-14
Boulder, Colorado, Ordinance 8015, "Smoking Prohibited in Public Places."
Palm Desert, California, Ordinance 1200
Page 2 of 2
AN ORDINANCE PROHIBITING SMOKING IN DESIGNATED OUTDOOR AREAS
Whereas: the State of Oregon through the Clean Air Act prohibits smoking
in designated outdoor areas in accordance with Oregon Law S433.845. This
law designates :
A person may not smoke or carry any lighted smoking instrument within ten
feet of the following parts of public places or places of employment:
Entrances
Exits;
Windows that open;and
Ventilation intakes that serve an enclosed area.
Whereas: Oregon law S433.865 further allows enforcement of violations of
this law by the local board of health to institute an action in the circuit court
of the county where the violation occurs.
Whereas: In January of 2009, Oregon law restored local control and cities
are allowed to enact local smoke fee laws. In addition to the following state
prohibitions a number of cities in Oregon have prohibited smoking in other
outdoor spaces to protect people from second hand smoke . These cities
include Portland, Eugene, and Salem. These Ordinances include prohibiting
smoking in public spaces where people gather . Cities have included a
variety of public spaces in their ordinances. These have included
1. lines at theaters of other public venues
2. City parks
3. Sidewalks in downtown areas
4. City Airports
5. Bus shelters
6. Bicycle parking areas
7. Public Plazas
8. bridges, trails, and walking paths
9. outdoor eating areas.
Whereas: Cities in Oregon are further allowed to enforce and impose
penalties for smoking in designated non smoking areas assign fines and
determine who can enforce no smoking laws.
Whereas: Smoking is recognized as one of the major preventable causes of
disease:
It is proposed that the city council institute a no smoking Ordinance in
specified public spaces in Ashland, Oregon.
A. Smoking shall be prohibited in the following outdoor areas within the
city limits:
1. within ten feet of the following parts of public places or places of
employment: Including sidewalks abuting these buildings.
Entrances
Exits
Windows that open
Ventilation intakes that serve an enclosed area.
2. Public Parks ( already prohibited)
3. Public plazas
4. within ten feet of outdoor eating areas.
5. Within ten feet of of bus shelters .
B. Public Notice of prohibition:
Signs will be posted with areas where no smoking is allowed. It will be
designated that fines for non compliance will be enforced by the local law
enforcement.
C. Proposed penalty
The first infraction shall result in a warning. The second infraction shall
result in a penalty of $50 . The third infraction shall result in a penalty of
$150. The penalty for each subsequent infraction shall result in a penalty of
$250.
D.Enforcement:
The no smoking ordinance will be enforced by officers of the Ashland Police
Department.
E. If passed by the City Council the proposed Ordinance shall become
effective sixty days after adoption of the ordinance.
I ORDINANCE BILL NO. 27-14
2 AN ORDINANCE RELATING TO CREATING A NEW CHAPTER, SRC CHAPTER 45,
3 SMOKING; AND DECLARING AN EFFECTIVE DATE.
4 The City of Salena ordains as follotivs:
5 Section 1. Sections 45.010 through 45.990 are added to and made a part of the Salem Revised
6 Code, Chapter 45, as:
7 45.010. Purpose.
8 (a) Secondhand smoke from tobacco, cannabis, and other plants, has been recognized
9 as a health hazard and as a cause of annoyance, inconvenience and discomfort to
10 other persons in proximity to the smoking activity. Secondhand smoke has been
1 I identified as being particularly harmful to persons with certain respiratory conditions,
12 and has also been determined to cause cancer to nonsmokers exposed to secondhand
1 3 smoke on a frequent basis.
14 (b) Many businesses, organizations, commercial property owners, and other owners
15 and managers of property where the general public is invited or generally permitted,
16 would like to eliminate smoking from occurring on their property. The City of Salem
17 recognizes that its sidewalks and landscape strips are a potential impediment to these
18 private property smoking bans. To aid in the effectuation of private property smoking
19 bans, this Chapter creates a method to prohibit smoking on public sidewalks and
20 landscape strips adjacent to public service properties where smoking is otherwise
21 banned.
22 (c) This Chapter of the Salem Revised Code is intended to protect public health,
23 safety and welfare, by reducing unwanted and unwelcome exposure to secondhand
24 smoke. This Chapter is also intended to strike a reasonable balance between the
25 needs of persons who smoke and the needs of nonsmokers, including children and
26 persons with existing respiratory conditions.
27 45.015. Definitions. For the purposes of this Chapter the following words and phrases shall
28 have the following meanings:
29
30
ORDINANCE -Page 1 COUNCIL OF THE CITY OF SALEM, OREGON
I (a) "Director" Director means the City Manager, or the department head charged by
2 the City Manager with the implementation and enforcement of this Chapter, or that
3 department head's designee.
4 (b) "Eligible Premises" as used in this Chapter, shall mean real property meeting the
5 "Public Services" use classification as described in SRC 400.005, Table 400-1.
6 (c) "Landscape strip" means that part of any public street right of way lying between
7 the sidewalk and the curb or pavement, also known as the parking strip, planting area,
8 or planting strip.
9 (d) "No Smoking Policy" means a formal written policy adopted by the person or
10 persons having the authority to make decisions for the owner of an identified area of
11 real property, which states the rules and regulations applicable to smoking on
12 property owned or managed by the organization.
13 (e) "Sidewalk" means all paved surface, except walkways and driveways, lying
14 between the curbline and the right-of-way line of a street or in a public easement;
15 (f) "Smoke-Free Area" means all or a portion of an eligible premises covered by a
16 No Smoking Policy where smoking is prohibited, which shall include designated
17 City-owned sidewalks and landscape strips adjacent to a private smoke-free area;
18 (g) "Smoking" as defined in this Chapter, shall mean the possession of any lighted
19 pipe, lighted cigar, the use of an electronic cigarette or a similar device intended to
20 emulate smoking, which permits a person to inhale vapors or mists that may or may
21 not include nicotine, or lighted cigarette of any kind, or the lighting of a pipe, cigar,
22 or cigarette of any kind, including, but not limited to, any tobacco or cannabis
23 product, or any other weed or plant capable of being smoked.
24 45.020. Administration. The Director shall administer and enforce the provisions of this
25 Chapter, have the authority to render written and oral interpretations, and have authority to
26 adopt administrative rules that are consistent with, and otherwise implement, the terms of this
27 Chapter.
28 45.025. Regulation of Smoking at City Buildings and Offices. The Director shall have the
29 authority to issue rules and regulations concerning smoking at City buildings and offices. In
30 the event the Director issues smoking regulations at City buildings and offices, the Director
ORDINANCE - Page 2 COUNCIL OF THE CITY OF SALEM, OREGON
I shall cause the appropriate signs to be installed notifying the public of the status of the building
2 or office as being smoke-free or containing a smoke-free area or areas.
3 45.030. Establishment of Smoke-Free Zones on public sidewalks and landscape strips
4 adjacent to smoke-free premises. Smoking may be prohibited on public sidewalks and
5 landscape strips adjacent to an eligible property that has been declared to be smoke-free, if
6 requested by the owner, operator, manager, or other person in control of the eligible property,
7 and the eligible property has been registered with the City as set forth in this Chapter.
8 Notwithstanding any other provision of this Chapter, the Director has discretion to determine
9 whether to designate a public sidewalk and landscape strip to be a smoke free zone, and what
10 sections may be designated.
11 45.035. Procedures to Register No Smoking Policy with the City. Eligible premises that
12 are adjacent to at least 100 feet of City-owned sidewalk may request that the City designate the
13 City-owned sidewalk and landscape strip abutting the eligible premises as a non-smoking area.
14 In order for the City to designate a City-owned sidewalk and landscape strip to be a smoke-free
15 area, the owner, operator, manager, or other person in control of the eligible premises must:
16 (a) File the organization's No Smoking Policy with the Director. The No Smoking
17 Policy must, at a minimum, reasonably describe the area covered by the Policy, and
18 state that the organization will enforce the terms of the No Smoking Policy on its
19 employees, including any employees smoking on City-owned sidewalks and
20 landscape strips adjacent to the eligible premises that is designated as a smoke-free
21 area;
22 (b) Identify the City-owned sidewalks and landscape strips, or portions thereof,
23 where the organization's employees are prohibited from smoking by the
24 organization's No Smoking Policy; and
25 (c) Request that the City install signs along the City-owned sidewalks and landscape
26 strips identified in subsection (b) of this section notifying the public that the sidewalk
27 is a smoke-free area. The Director shall have the sole discretion to determine the
28 number and location of such signs, and to determine what text or graphics appear on
29 the signs, but such signs shall, at a minimum, include reference to this Chapter.
30
ORDINANCE - Page') COUNCIL OF THE CITY OF SALEM, OREGON
1 45.040. Costs. The costs associated with the preparation and installation of the signs required
2 for public sidewalks and landscape strips shall be the responsibility of the requesting party.
3 The Director may make rules governing the recovery of costs for the preparation and
4 installation of the required signs, which may include a requirement that the requesting party
5 pay a deposit at the time of registration.
6 45.045. Responsibility for Enforcement.
7 (a) The owner, operator, manager, or other person in control of an eligible premises
8 declared to be smoke-free pursuant to this Chapter shall maintain responsibility for
9 enforcing the terms of its No Smoking Policy; including the enforcement of the terms
10 of the Policy on the organization's employees who are smoking on City-owned
1 1 sidewalks or landscape strips identified in the organizations No Smoking Policy;
12 (b) The City shall be responsible for enforcing the terms of this Chapter on
13 designated City-owned sidewalks and landscape strips covered by a No Smoking
14 Policy that is properly registered with the City and contains the signs required by this
15 Chapter. The City shall not be responsible for enforcing any provision of an
16 organization's No Smoking Policy.
17 45.990. Violations and Penalties.
18 (a) Any person who smokes on a City-owned sidewalk or landscape strips included
19 within a smoke-free area properly registered with the City under this chapter shall be
20 guilty of an infraction, punishable pursuant to SRC 1.070.
21 (b) The penalty for the first infraction under this Chapter shall be no more than $50.
22 The penalty for the second infraction under this Chapter shall be no more than $150.
23 The penalty for the third or subsequent infractions under this Chapter shall be no
24 more than $250.
25 (e) Each violation of this Chapter shall constitute a separate offense.
26 Section 2. Codification. In preparing this ordinance for publication and distribution, the City
27 Recorder shall not alter the sense, meaning, effect or substance of this ordinance, but within such
28 limitations, may:
29 (a) Renumber sections and parts of sections of the ordinance;
30 (b) Rearrange sections;
ORDINANCE - Page 4 COUNCIL OF THE CITY OF SALEM, OREGON
I (c) Change reference numbers to agree with renumbered chapters, sections or other parts;
2 (d) Delete references to repealed sections;
3 (e) Substitute the proper subsection, section or chapter, or other division numbers;
4 (I) Change capitalization and spelling for the purpose of uniformity;
5 (g) Add headings for purposes of grouping like sections together for ease of reference; and
6 (h) Correct manifest clerical, grammatical or typographical errors.
7 Section 3. Severability. Each section of this ordinance, and any part thereof, is severable, and
8 if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of
9 this ordinance shall remain in full force and effect.
10 Section 4. Effective Date. The effective date of this ordinance shalt be January 1, 2015.
11
12 PASSED by the Council this _ day of , 2014.
13 ATTEST:
14
15 City Recorder
16 Approved by City Attorney:
17
18 Checked by: Mark Becktel
19
20
21
22
23
24
25
26
27
28
29
30
ORDINANCE - Page 5 COUNCIL OF THE. CITY OF SALEM, OREGON
1 ORDINANCE NO. 8d 15
2
3 AN ORDINANCE AMENDING CHAPTER 6-4, B.R.C. 1981,
ADDING A NEW SECTION 64-3.5 "SMOKING PROHIBITED
4 IN PUBLIC PLACES," INCLUDING ELECTRONIC SMOKING
DEVICES, IN TILE DEFINITION OF SMOKING, AND
5 SETTING FORTH RELATED DETAILS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:
7 Section 1. Chapter 6-4, "Regulation of Smoking," B.R.C. 1981, is amended as follows:
8 64-1. Legislative Intent.
9 The purpose of this chapter is to protect the public health, safety, and welfare by hi it'
smoking in designated public places and prohibiting smoking in buildings open to the public or
10 serving as places of work, except in certain buildings or parts of buildings where the council has
I I determined that smoking should not be prohibited, and fixing the requirements of property
owners in this regard. -In on, this chapter also regulates access of minors to tobacco
12 Products.
13 In addition. c' Ind. el n' smoking 'c r battery devices
de_sip,ned tQ deliver nicotine. flavor, and/or other sobs an e t r rt l~ vapor_ ial cl bathe user
14 and that use ~tmnic smoking devices has increased significantly in recent years The city
council further_ finds that electronic smoking devices often mimic conventional tobacco products
15 in shap-e-sin. and r r exhaling smoke--like vamr - similar ' a ~g-jo t
ehalcd--,lwk from cigarettes and other conventional tobagco products.
16
it council _finds that the use of eleetronic_smc 1~g devices in smoke-free locaticsns threatens tQ
17 Un kZrtnljne coMPlia-nce with smoking ex udations and.r_everse the_tzr~ r s that has been madam in
establ- hin~_s c_~r aLnprm that smoking is not Mn-pitted in public places and places of
18 employment
19 Therefore, the.pElrppy,- f Lhis_chaptcr is also to nrotect the public health, safety. and welfare bv_
tlcctura>tin heeotronic ertiakin~ devices around non-users. especially children: by
20 F=tin the public from exnasure to secondhand byproducts of electronic smoking devices
where the _Hye, work and play, by facilitating unWonn_and consistent enforcernent_o£_smoke-
ZI free air laws: by reducing the potential for re-norms i ingm-ol ing inn lic places and places ilf
22 employment; and by reducing the potential for children to_ associate the use of electronic
smoking devices with a normative or healthy lifestyle.
23 64-2. Definitions.
24 The following terms used in this chapter have the following meanings unless the context clearly
25 indicates otherwise:
K-ACCADIM15-3rd-2171 doc
I "Bar" means any indoor area that is operated and licensed as a tavern liquor license under Article
47 of Title 12, C.-S., primarily for the sale and service of alcohol beverages for on premises
2 consumption and where the service of food is secondary to the consumption of such beverages.
3 "Boulder High ,chcx►I Area" means the entit a ea_tletween the east curh line of Otpadwav
Street, the south curb line of Arapahoe ~1,ventle tale west curb line of 17L° Street. and the north
4 curb line of 11nivcrsity Avenue nravided howler that this de(i nition shall not- 012 to
public right of wav associated with Hillside Road to moving vehicles traveling on any public
5 right of way in the area described or unless otherwise prohibited by tltis_Chapter o r aP~ 16ro~erty
6 that is privately awned.
7 "Building" means any structure enclosed for protection from the weather, whether or not
windows or doors are open. If a person leases or possesses only a portion of a building, the term
8 "building" applies to the leasehold or possessory interest as well.
9 "-ity Munidpl Campus," as used in this Chaptgr shat( can the entire area behveen th a M,-j
Curb line of 13` Street. to the east curb line of 9a` Street and between the north curb line of
10 Amcboe Avenue and the south curb line alCan~on I3ot11evard provided however that this
definition shall not applv_to_ moving v&kks on Broadway or 13 Street or, unless otherwise
11 r hi itedby this Chanter to real Dronerty th It rivately owned
12 "Cigar-tobacco bar" means a bar that, in the calendar year ending December 31, 2005, generated
at least five percent or more of its total annual gross income or fifty thousand dollars in annual
13 sales from both the onsite sale of tobacco products and the rental of onsite humidors. In any
calendar year after December 31, 2005, a bar that fails to generate at least five percent of its total
14 annual gross income or fifty thousand dollars in annual sales both from the onsite sale of tobacco
products and the rental of onsite humidors, shall not be defined as a "cigar-tobacco bar" and shall
15 not thereafter be included in the definition, regardless of sales figures.
16 "Dwelling," as used in this chapter, means any place used primarily for sleeping overnight and
conducting activities of daily living, not including a hotel or motel room or suite or bed and
17 breakfast.
18 "Downtown F3oulder Business lmnrovc-m-gpLQLtgric-Cis as depicted in Annendix 8-B of Chanter
19
20 "Electronic smoking devi_~c-"-nj ans an elect 'c ar battery-operated devicC, the use of which
resembles convent%ortal s e akin ,which can be used to deliver . 1 s litti~,l~l lout n~
21 limit to nicotine tobacco ~lr nZarii~l~n l person using such deyi_m Electronic smoking
device s a ll i iclude, without limitatian, anIc~tti~ ~j tte. ciga , ciearil o. nitertsklz
22 Electronic smoking deice shall not include any product approved by the food and drug
a tr~l r~i stcation as a drug or medics! device that issued in ccardance withjt-s lroase
23
"Enclosed area," as used in this chapter, means an area which contains a structure made up of a
24 roof and two or more walls regardless of the composition of the walls or roof. This includes, but
is not limited to, the following: park shelters, event tents, bus shelters, patio awnings and
25 canopies.
K_1CCADUM15-3rd-2171 doe
I "Entryway" means the outside of any doorway leading into and exiting from a building or
enclosed area. "Entryway" also includes the area of public or private property within fifteen
2 twenty-five feet of the doorway.
3 "Mall" means the Downtown Boulder Mall as defined in Ordinance No. 4267, as amended by
Ordinance No. 4543 and any successor ordinance-
4
"Public."~ uln thish sec shall mean anraneriv that is crowned. city maintained: city
5 owned and leased to -others_ ddeq nated v the city as a oath or trait for bip clcs or..~edestrians: pr
a transit 9W w defined in this section.
6
"Public conveyance" means any motor vehicle or other means of conveyance licensed by the
7 Public Utilities Commission of the state for the transportation of passengers for hire, and
& includes, without limitation, busses, taxicabs, limousine services, and airport passenger services.
9 "Smoke" or "smoking" means the lighting of any cigarette, cigar, or nine or activation ofan
electronic smoking device- or the possession of any lighted cigarette, cigar, or-pipe; Qr activated
10 electronic smoking device regardless of its composition.
I I "Tobacco product" means cigarettes, cigars, cheroots, stogies, periques, and other products
containing any measurable amount of tobacco, granulated, plug cut, crimp cut, ready rubbed, and
12 other smoking tobacco, snuff, snuff flour, Cavendish, plug and twist tobacco, fine-cut and other
chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other
13 kinds and forms of tobacco, prepared in such manner as to be suitable for both chewing or for
smoking in a cj~retle pipe. electronic smoking device or otherwise. or both for chewing and
14 o ing-Tcrbawpittelt!d cloves, marijuana anti any other slant ruler or Arad c that '
packaged for smoking.
15
"Tobacco store" means a retail business open to the public where alcohol is not sold, if more
16 than eighty-five percent of its gross revenue from that location is from the retail sate of cigarettes
17 and tobacco products or products related to the use of cigarettes and tobacco products.
"`L"ransitt¢u,"u1i jit this chapter. means a public cssnvey_an ce na er waiting area
18 donated by si rya Cc a.c d to a no%t acid the public right of way arQUt the stop, including
but not limited to the bus shelter. and bench.
1.9
20 6-4-3. Smoking Prohibited Within Buildings and Enclosed Areas.
(a) No person shall smoke within any building or enclosed area except in one of the
21 following locations:
22 (1) In any dwelling. This exception does not extend to a city owned dwelling:
23 or a lobby, common elevator, common hallway or any other common area
of a building containing attached dwelling units;
24 (2) In a hoteVmotel room or bed and breakfast guest room rented to one or
25 more guests if the total percentage of such smoking rooms in such
hotel/motel or bed and breakfast does not exceed twenty-five percent. This
KACCADV-8415-3rd-2171 dac
1 exception does not extend to a lobby, common elevator, common hallway
or any other common area of a hotel/motel or bed and breakfast;
2
(3) In a tobacco store;
3
(4) In a cigar-tobacco bar which existed as of December 31, 2005, provided
4 that it does not expand its size or change its location from the size and
location in-which it existed as of December 31, 2005;
5
(5) in a building or on property which is occupied by the state of Colorado,
6 the United States government, Boulder County or the Boulder Valley
School District which was not designated as a smoke free area by the
7 manager of such area. The city council urges such governmental entities to
8 designate smoke free areas in order to promote full access by the public
and protect the health of employees;
9 (6) In private homes, private residences and private automobiles; not to
10 include any such home, residence or vehicle being used for child care or
day care or a private vehicle being used for the public transportation of
11 children or as part of health care or day care transportation; or
12 (7) In a limousine under private hire.
13 (b) Unless excepted under subsection (a) ofthis section, the prohibitions of this
chapter apply to all buildings or enclosed areas which serve as places of work, but
14 this subsection (b) neither enlarges nor diminishes the meaning of subsection (a)
of this section.
15
(c) Nothing in this chapter shall prevent an owner, lessee, principal manager or
16 person in control of any place, including, without limitation, any motor vehicle,
outdoor area or dwelling, from prohibiting smoking completely in such place, and
17 no person shall fail to abide by such a private prohibition.
18 6-4-33• Smoking Prohibited in Public Areas.
19 No person shall smoke in a public area:
20 O iit the Downta%vn Roulder Rusines- improvement District: including the MSalf
21 on any park_ parkland or facility:
22 (c) on any open space and mountain parks property:
23 on any trail th or multi-use path and within twenty-Cvc feetuf curtilaee to any,
~ ^-_-n_._.~=tea
24 trail. path or multi-use path:
25 fel within twenty-five feet of a library facility:
xXcaaO-8015-3rd-2171 Aloe
1 1'0[ within twenty-five feet of a transit stop:
2 within the City Municipal Campus: and
3 O within the Boulder High School Area asdefined in this Chanter.
4 64-5.5 Smoking Prohibited aim Outdoors at Rectaarants and Taverns.
5 No person shall smoke en the Mail _outdoors at a msimtrant or tavern where food or bevemps
are served or consumed.
6
6-4-6. Signs Required to Be Posted.
7
To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, no owner,
8 lessee, principal manager or person in control of a building, enclosed area or an establishment
within a building shall fail to post signs with letters no less than one inch high or symbols no less
9 than three inches high as follows:
10 (1) Where smoking is prohibited in the entire establishment, a sign using the words
"No Smoking" or the international no-smoking symbol shall be posted
I I conspicuously either on all public entrances or in a position clearly visible on
12 entry into the building, enclosed area or establishment.
13 (2) Where certain areas are designated as smoking areas pursuant to this chapter, a
sign using the words "No Smoking Except in Designated Areas" shall be posted
14 conspicuously either on all public entrances or in a position clearly visible on
entry into the building or establishment.
15 (3) In tobacco stores, a sign shall be posted conspicuously either on all public
16 entrances or in a position clearly visible on entry into the building or
establishment using the words "Smoking Permitted: children under eighteen years
17 of age must be accompanied by a parent or guardian."
18 (4) A sign using the words "No Smoking within fifteen feet of the entryway" shall be
posted conspicuously on all entryways of buildings, enclosed areas or
19 establishments.
20 (5) The requirements of this section do not apply to an exempt dwelling or any public
areas designated in section 6-4-3.5.
21
Section 2. This ordinance is necessary to protect the public health, safety, and welfare of
22
the residents of the city, and covers matters of local concern.
23
24
25
KXCADID-8015-3rd-2171 doe
I Section 3. The city council deems it appropriate that this ordinance be published by title
2 only and orders that copies of this ordinance be made available in the office of the city clerk for
3 public inspection and acquisition.
4 INTRODUCED, REAR ON FIRST READING, AND ORDERED PUBLISHED BY
5 TITLE ONLY this 18th day of November, 2014.
6 -71
y
e
Mayor
8 Attest:
10 City Clerk
11
12 READ ON SECOND READING, AMENDED AND ORDERED PUBLISHED BY
13 TITLE ONLY this 3rd day of February, 2015.
14
15 Mayor
Attest:
16
17 f lam'{ s<"
City Clerk
18
19 READ ON THIRD READING, PASSED, ADOPTED, AND ORDERED PUBLISHED
20 BY TITLE ONLY this 17th day of February, 2015.
21 ~I' h' 4 , s {
22 Mayor
Attest:
23
24
City Clerk
25
r-XCCADW-80!5-3rd-2171 Joe
ORDINANCE NO. 1200
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
AMENDING AND RESTATING CHAPTER 8.36 REGULATION AND
PROHIBITION OF SMOKING OF THE PALM DESERT MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council of the City of Palm Desert hereby finds and declares as follows:
WHEREAS, tobacco use causes death and disease and continues to be an urgent
public health challenge, as evidenced by the following:
• Tobacco-related illness is the leading cause of preventable death in the United States,
accounting for about 443,000 deaths each year; and
• Scientific studies have concluded that tobacco use can cause chronic lung disease,
coronary heart disease, and stroke, in addition to cancer of the lungs, larynx,
esophagus, and mouth; and
• Some of the most common types of cancers including stomach, liver, uterine cervix, and
kidney are related to tobacco use; and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as
evidenced by the following:
• The U.S. Surgeon General concluded that there is no risk-free level of exposure to
secondhand smoke; and
• The California Air Resources Board placed secondhand smoke in the same category as
the most toxic automotive and industrial air pollutants by categorizing it as a toxic air
contaminant for which there is no safe level of exposure; and
• The California Environmental Protection Agency included secondhand smoke on the
Proposition 65 list of chemicals known to the state of California to cause cancer, birth
defects, and other reproductive harm; and
WHEREAS exposure to secondhand smoke causes death and disease, as evidenced by
the following:
• Secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers
each year in the United States; and
• Exposure to secondhand smoke increases the risk of coronary heart disease by
approximately thirty percent: and
• Secondhand smoke exposure causes lower respiratory tract infections, such as
pneumonia and bronchitis, in as many as 300,000 children in the United States under
the age of 18 months each year, and exacerbates childhood asthma; and
WHEREAS, tobacco use and exposure to secondhand smoke impose great social and
economic costs, as evidenced by the following:
The total economic burden of smoking in the United States is $193 billion; and
ORDINANCE NO. 1200
• From 2001 to 2004, the average annual health care expenditures attributable to smoking
were approximately $96 billion; and
• The medical and other costs to nonsmokers due to exposure to secondhand smoke
were estimated at over $10 billion per year in the United States in 2005; and
• The total annual cost of smoking in California was estimated at $475 per resident or
$3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in
1999 alone; and
• California's Tobacco Control Program saved the state and its residents $86 billion in
health care expenditures between the year of its inception, 1989, and 2004, with savings
growing yearly; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts,
and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by
the following:
• Levels of secondhand smoke exposure outdoors can reach levels attained indoors
depending on direction and amount of wind and number and proximity of smokers, and
• Irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic
meter, and in some outdoor situations this level can be found as far away as 13 feet
from the burning cigarette; and
• To be completely free from exposure to secondhand smoke in outdoor places, a person
may have to move nearly 25 feet away from the source of the smoke, about the width of
a two lane road-, and
• Studies on a cruise ship have found that even while cruising at 20 knots and with
unlimited air volume, outdoor smoking areas contained carcinogens in nearly the same
amounts as inside the ship's casino where smoking was allowed;, and «
WHEREAS, cigarette butts pose a health threat to young children, as evidenced by the
following:
• In 2004, American poison control centers received nearly 8,000 reports of children
poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products, and
• Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and
gagging; and
WHEREAS, cigarette butts are a major source of litter, as evidenced by the following:
• It is estimated that over two billion cigarette butts are discarded every day worldwide,
and that Americans alone discard more than 175 million pounds of cigarette butts every
year; and
• Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm
drains that flow into streams, rivers, bays, lagoons and ultimately the ocean; and
• Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to
decompose; and
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to
public health and medical costs, as evidenced by the following:
• Cities with smokefree laws see an appreciable reduction in hospital admittances for
heart attacks in the months and years after such laws are passed; and
• Smoking bans help people reduce the number of cigarettes they smoke or quit
altogether; and
• Strong smoking regulations for restaurants decrease the number of children who
transition from experimenting with smoking to becoming actual smokers; and
2
ORDINANCE NO. 1200
WHEREAS, creating smokefree areas helps protect the health of the 86.7% of
Californians who are nonsmokers; and
WHEREAS, society is becoming less tolerant and less accepting of cigarette smoking,
as evidenced by the following,
• A 2008 survey of California voters found that 75% though that secondhand smoke is
harmful, 64% were bothered by secondhand smoke, and 73% support laws restricting
smoking in outdoor public places; and
• People living in cities with strong smokefree air laws are more likely to believe smoking
is not acceptable that the smokers should attempt to quit smoking; and
• As of 2008, there were 187 California cities and Counties with local laws restricting
smoking in at least one outdoor area; and
WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and
expressly authorizes local communities to enact additional restrictions; and state law prohibits
smoking within 20 feet of entryways and operable windows of government buildings; and
WHEREAS, there is no Constitutional right to smoke;
NOW, THEREFORE, the intent of the City Council of the City of Palm Desert is as
follows:
SECTION II. PURPOSE AND INTENT
It is the intent of the City Council of the City of Palm Desert in enacting this ordinance to provide
for the public health, safety, and welfare by discouraging the inherently dangerous behavior of
smoking around non-tobacco users, especially children; by protecting the public from exposure
to secondhand smoke where they live, work, and play; by reducing the potential for children to
wrongly associate smoking with a healthy lifestyle; and by affirming and promoting a healthy
environment in and around the City's outdoor places.
SECTION III. AMENDMENT AND RESTATEMENT OF CHAPTER 8.36 REGULATION AND
PROHIBITION OF SMOKING
Chapter 8.36 of the Code of Palm Desert, California is hereby amended and restated as follows:
"Chapter 8.36
REGULATION AND PROHIBITION OF SMOKING
8.36.010 Purpose of chapter.
Smoking of tobacco, or any other weed or plant, is a positive danger to health and a
cause of material annoyance, inconvenience, discomfort and health hazard to those who are
present in confined places. In addition, the California Air Resources Board has placed
secondhand smoke in the same category as the most toxic automotive and industrial air
pollutants by categorizing it as a toxic air contaminant for which there is no safe level of
exposure. Therefore, it is the City's intent to provide for the public health, safety and welfare,
3
ORDINANCE NO. 1200
by prohibiting the smoking of tobacco, or any other weed or plant, in public places and places of
employment, except in designated smoking areas as set forth herein.
8.36.020 Definitions.
The following words and phrases, whenever used in this chapter shall have the meanings
defined in this section unless the context clearly requires otherwise.
A. "Business" means any sole proprietorship, partnership, joint venture, corporation
association, or other entity formed for profit-making purposes.
B. "City" means the City of Palm Desert, and its related entities including the Palm
Desert Redevelopment Agency and the Palm Desert Housing Authority.
C. "Common area" means every unenclosed area of a multi-unit residence that
residents of more than one unit of that multi-unit residence are entitled to enter or use, including,
for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas.
D. "Dining area" means any area, including streets and sidewalks, which is available
to or customarily used by the general public or an employee, and which is designed,
established, or regularly used for consuming food or drink.
E. "Employee" means any person who is employed or retained as an independent
contractor by any employer or nonprofit entity in consideration for direct or indirect monetary
wages or profit, or any person who volunteers his or her services or an employer or nonprofit
entity.
F. "Employer" means any person, business, entity or nonprofit entity that retains the
service of one or more employees.
G. "Enclosed area" means an area in which outside air cannot circulate freely to all
parts of the area, and includes an area that has:
1. Any type of overhead cover whether or not that cover includes vents or other
openings and at lease three (3) walls or other vertical boundaries of any height whether or not
those boundaries include vents or other openings; or
2. Four (4) walls or other vertical boundaries that exceed six (6) feet in height
whether or not those boundaries include vents or other openings.
H. "Multi-unit residence" means a residential property containing two (2) or more
units.
I "Nonprofit entity" means any entity that meets the requirements of California
Corporations Code section 5003 as well as any corporation, unincorporated association or other
entity created for charitable, religious, philanthropic, education, political, social or similar
purposes, the net proceeds of which are committed to the promotion of the objectives or
purposes of the entity and not to private gain. A government agency is a nonprofit entity within
the meaning of this chapter.
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J. "Place of employment" means any enclosed areas 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, except for child care facilities in
private homes.
K. "Person" means any natural person, business, cooperative association, nonprofit
entity, personal representative, receiver, trustee, assignee, or any other legal entity including
government agencies.
L. ""Primary entrance" means the entrance to a building or business through which
the majority of patrons enter. A building or business has only one primary entrance. Where the
door into the establishment is at the end of a corridor formed by two or more vertical walls or
barriers, with or without overhead cover, the primary entrance shall be deemed to be at the end
of the corridor open to the exterior.
M. "Public place" means:
1. Any area to which the public is invited or in which the public is permitted,
including, but not limited to, shopping malls, 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 and their
associated parking areas. A private residence or private country club is not a public place.
2. Areas measured a distance of forty (40) feet from the entrances and exits to City-
owned public places.
3. Areas measured a distance of twenty (20) feet from the primary entrances to
publicly or privately-owned commercial, industrial, institutional, or office professional buildings.
4. Unenclosed areas owned by the city including, but not limited to, City-owned
property, parks, playgrounds, restrooms, baseball and soccer fields, except the golf course area
of Desert Willow or where specific signs are posted permitting such smoking;
5. Unenclosed public events including, but not limited to, sports events,
entertainment, speaking performances, ceremonies and fairs;
6. Hotels, except in designated areas.
N. "Reasonable distance" means a distance of twenty (20) feet or, with respect to a
designated smoking area or such larger area as the City Manager reasonably determines in
writing to be necessary in a given circumstance to ensure that occupants of an area in which
smoking is prohibited are not exposed to second-hand smoke created by smokers outside the
area.
O. "Secondary entrance" means any entrance to a building or business that is not
the primary entrance. One building or business may have multiple secondary entrances.
P. "Secondhand smoke" means smoke from tobacco or any other weed or plant
created by burning or carrying any lighted pipe, hookah, cigar, or cigarette of any kind, and the
smoke exhaled by an individual who engages in smoking.
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Q. "Shopping mall" means any parcel of land zoned and used for retail sales by
more than one (1) retailer that is jointly operated or which includes shared parking facilities.
R. "Smoke," or "smoking" means and includes the carrying of a lighted pipe, or the
lighting of a pipe, cigar or cigarette of any kind.
S. "Unenclosed area" means any area that is not an enclosed area.
8.36.030 Prohibition of Smoking in Unenclosed Areas.
A. Smoking is prohibited in the unenclosed areas of the following places within the
City, except places where smoking is already prohibited by state or federal law, in which case,
those laws apply:
1. Public places;
2. Places of employment;
3 Businesses, including but not limited to, restaurants and bars, and other public
accommodations. In addition, smoking is prohibited within a reasonable distance of the primary
entrance to a dining area. Where a business has more than one entrance, an outdoor smoking
area may be designated within a reasonable distance of one of the secondary entrances. In
such case, smoking is prohibited within a reasonable distance of the primary entrance and any
other secondary entrances.
4. Common areas of multi-family residential properties owned by the City of Palm
Desert, except where permitted under 8.36.070.
B. No person shall dispose of smoking waste or place or maintain a receptacle for
smoking waste in an area in which smoking is prohibited by this chapter or other law, including
within any reasonable distance required by this chapter.
8.36.040 Designation of smoking areas.
A. Places Where Smoking Permitted. Notwithstanding section 8.36.030 of this
chapter, smoking is permitted in the following locations within the City, unless otherwise
provided by state or federal law:
1. Private residential property, other than (a) those private residential properties
used as a child-care or health-care facility subject to licensing requirements when employees,
children or patients are present or (b) home based business where members of the public are
invited. Nothing in this chapter shall require a person or entity who or which owns or controls a
private residential property, including but not limited to a condominium association or an
apartment owner, to permit smoking and such a person may prohibit smoking throughout the
property he, she or it owns or controls.
2. Designated areas in shopping mall unenclosed areas, provided that (i) there is
not more than one square foot of area designated for smoking for every twenty thousand
(20,000) square feet of rentable space of the shopping mall (provided that each shopping mall
may have at least one (1) designated smoking area of forty (40) or fewer square feet in area, (ii)
the area is prominently marked with signs, (iii) it is located the greatest distance practicable, and
at least a reasonable distance, from any doorway or opening into an area or any access way
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ORDINANCE NO. 1200
from parking facilities to the retail areas of the shopping mall, (iv) smoke is not permitted to
enter adjacent areas in which smoking is prohibited by this chapter, other law or by the owner,
lessee or licensee of the adjacent property, and (v) the location(s) of the designated smoking
area(s) is or are approved in writing by the City Manager of the City or his/her designee based
on the standards of this subsection and the goals of this chapter.
3. Any unenclosed area in which no nonsmoker is present and, due to the time of
day or other factors, it is riot reasonable to expect another person to arrive.
B. Where smoking areas are designated; existing physical barriers and ventilation
systems shall be used to eliminate the toxic effect of smoke in adjacent nonsmoking areas, but
employers are not required to incur any expense to make structural or physical modifications in
providing these areas. There shall be no designated smoking areas in areas that have a
common or shared air space with other areas in which smoking is prohibited such as, without
limitation. air conditioning systems, heating systems, ventilation systems, entries, doorways,
hallways, and stairways or within a reasonable distance of commercial building entries. In all
disputes in the work place, the rights of the nonsmoker shall be given priority over the rights of
the smoker.
C. No person shall smoke in an area in which smoking is otherwise permitted by this
chapter or other law within a reasonable distance from any primary entrance, opening, crack, or
vent into an area in which smoking is prohibited by this chapter, other law or by the owner,
lessee or licensee of that area.
8.36.050 Optional prohibition.
All managers and owners of any establishment exempted from the provisions of Section
8.36.070 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 provision of this
chapter. No public place other than those enumerated in Section 8.36.070 shall be designated
as a smoking area in its entirety.
8.36.060 Posting of signs.
Signs 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 checkout
lines and clearly visible to persons at meat and produce counters- The manner of such posting,
including the wording, size. color, design and 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.
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8.36.070 Exceptions.
Exceptions to the smoking prohibitions of this chapter are as follows: -
A. Private offices, including those in the work place, designated areas of hotels and
motels, areas and rooms while in use for private social functions, private hospital rooms,
psychiatric facilities, jails, bar areas and stores that deal exclusively in tobacco products and
accessories.
B. Areas measured within a twenty (20) foot zone outside of a building's primary
entrance, as long as the smoker is actively passing through on the way to another destination
and so long as the smoke does not enter any indoor area in which smoking is prohibited.
C. Any owners or other person having control of a business or other establishment
subject to this chapter may apply to the city for an exemption or modification of the provisions of
this chapter due to unique or unusual circumstances or conditions.
D. Up to 25% of the contiguous deck area around swimming pools in multi-family
residential properties owned by the City of Palm Desert. Such designated smoking areas must
be clearly signed.
8.36.080 Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate against
an employee or applicant for employment because such employee or applicant exercises any
rights afforded by this chapter.
8.36.090 Enforcement.
A. 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.
B. It shall be the responsibility of employers to disseminate information concerning
the provisions of this chapter to employees.
C. The city's code enforcement officers, police and fire personnel are authorized to
issue citations for violation of the provisions of this chapter.
8.36.100 Violation-Penalty.
A. Any person who violates any provision of this chapter by: (1) smoking in a posted
"No Smoking" area; (2) failing to post or cause to be posted a "No Smoking" sign required by
this chapter: (3) owning, managing or operating a business or building in which the prohibitions
of this chapter are violated; or (4) violating any other provision of this chapter, is deemed guilty
of an infraction in accordance with Chapter 1.12 of this code.
B. Any violation of this chapter is hereby declared to be a nuisance.
C. Each incident of smoking in violation of this chapter is an infraction subject to a
fifty dollar ($50) fine."
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SECTION IV. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any
reason held to be invalid, unconstitutional.. or unenforceable by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion of the
Ordinance. The City Council declares that it would have passed each section, subsection,
paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more
section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION V. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert Procedure for Implementation of
California Environmental Quality Act, Resolution No. 02-60°, in that pursuant to Section 3.07,
the ordinance is exempt because there is no possibility that the adoption of the ordinance will
have any significant negative effect on the environment.
SECTION VI. PUBLICATION AND EFFECTIVE DATE
The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance
in the Desert Sun, a newspaper of general circulation, published and circulated in the City of
Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Palm Desert, California, on the 10th day of December, 2009, by the following roll call vote:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i
CI DY FINER Y, AYOR
ATTEST:
RA H LLE D. KLASS i , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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