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HomeMy WebLinkAboutNS-2221 - Amending Article II of Chapter 18 of the Santa Ana Municipal Code Pertaining to the Regulation of SmokingORDINANCE NO. NS- 2221 REL :4/12/94 079 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE II OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE REGULATION OF SMOKING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FoLLOWs: SECTION 1: Article II of Chapter 18 of the Santa Ana Municipal Code is hereby amended by adding a division, to be numbered 1, which said division shall consist of sections 18-39 through 18-41 and shall be entitled "City Buildings" SECTION 2: Article II .of Chapter 18 of the Santa Ana Municipal Code is hereby amended by adding a division, to be numbered 2, which said division shall consist of sections 18-50 through 18-56 and shall read as follows: DIVISION 2. PRIVATELY-OWNED BUILDINGS Seo. 18-50. Prohibition of smoking in oertain specified plaoes. Smoking shall be prohibited in the following places: (a) (b) Elevators open to and in use by the public. Waiting rooms, hallways, wards, and private or semi- private rooms of public or private health facilities including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices. (c) Within every room, chamber, place of meeting or public assembly, during such time as a meeting required by law to be open to the general public is in progress. (d) (e) Within any building or room not open to the sky when that building or room is open to the public for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance (except when smoking is part of the stage production). In any establishment where food is being served having an occupied capacity of fifty (50) or more persons; 1 ORDINANCE NS-2221 Page 2 081 provided, however, that this prohibition against smoking shall not apply within an establishment wherein a "no- smoking" area of not less than seventy-five (75) percent of the floor space and of the seating capacity in which customers are served is maintained. (f) In the halls, reading and viewing rooms of museums and libraries open to the public. (g) Within retail stores doing business with the general public. (h) Restrooms open to and used by the public. SeC. 18-51. Prohibition of smoking in private places of employment. (a) Smoking shall be prohibited in all enclosed areas within a private place of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, health care facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas. (b) The smoking prohibition of this section shall be communicated by each private employer to all of its employees and to all its future employees at the time of their entry into employment. (c) For purposes of this section the following terms shall have the following meanings: (1) "Private place of employment" shall mean any enclosed area under the control of a private employer, which employees normally frequent during the course of employment, including, but not limited to, working areas, employee lounges, conference rooms, and employee cafeterias. The "dining area" of any establishment where food is being served is not a "private place of employment," for purposes of division 4 of this article, but shall be governed by the provisions of section 18-50. (2) "Private employer" or "employer" means any person, partnership, or corporation, not a governmental entity, who employs the services of one (1) or more individual persons. (3) "Employee" means any person who is private employer in consideration indirect monetary wages or profit. employed by any for direct or O83 ORDINANCE NS-2221 Page 3 (4) ,,Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage. ways). Beo. ~8-52. Exemptions. Notwithstanding any provisions of contrary, no regulation or prohibition of the following areas: this article to the smoking is required in (a) Bars. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the.term "bar" shall not include the restaurant dining area. (b) Private residences, except when used as a child care or health care facility, and during such activity. (c) (d) (e) (f) Hotel and motel rooms rented to guests. Establishments devoted to the exclusive sale of tobacco, or tobacco related products. While being used for private functions, rooms in eating establishments, hotel and motel conference/meeting rooms, and private assembly rooms open to the public. An enclosed office in a private place of employment occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers. Sec. 18-53. Construction of this division. (a) This division shall not be interpreted or construed to prohibit any owner, operator, manager or other person who controls a business from declaring that entire business as a nonsmoking establishment. (b) This division shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire code ordinances. Sec. 18-54. Duty to post signs. Signs which designate no-smoking areas established by this article shall be clearly, sufficiently and conspicuously posted in ORDINANCE NS-2221 Page 4 O85 rooms, buildings, or other places so covered by this article, as reasonably deemed necessary, by the department head, operator, manager, private employer or other person having control of such room, building, or other place. Where possible, ash trays, receptacles or other devices used for extinguishing or discarding smoking materials shall be removed from all "no-smoking" areas. Sec. 18-55. Tobacco vending machine elimination. No cigarette or other tobacco product may be sold, offered £or sale, or distributed from a vending machine in any public place other than a bar. Sec. 18-56. Penalties. Any person who shall violate the provisions of this division shall be guilty of an infraction and upon conviction, shall be punished by a fine not to exceed one hundred dollars ($100.00) per violation, per day. SECTION 3: The City Council of the City of Santa Ana finds and declares that tobacco smoking is a hazard to the health of the general public. Studies clearly demonstrate that smoking is a hazard to the health of those who smoke. Smoking is responsible for the premature death of approximately 3,000 Orange County residents each year from lung cancer, heart disease, respiratory illness, and other diseases. The Environmental Protection Agency (EPA) has concluded that second-hand tobacco smoke is a human carcinogen and responsible for over 3,000 lung cancer deaths in nonsmoking adults each year. Therefore, second-hand smoke is a proven health hazard to those who are present in confined spaces. In order to serve the public health, safety and welfare, the declared purpose of this division is to prohibit the smoking of tobacco, or any weed or plant, in buildings or motor vehicles owned or leased by the city of Santa Ana and in City of Santa Ana spaces in buildings partially leased by the City of Santa Ana, and in certain other places subject to the jurisdiction or control of the city of Santa Ana, except as otherwise provided in this division. The City Council further declares that the protection of the health, safety and welfare of the public, both smokers and nonsmokers, requires the prohibition of smoking in the private workplace. In addition, the city of Santa Ana declares that vending machines which sell or distribute tobacco products contribute to the onset of tobacco use. Studies have found that ninety (90) percent of all current smokers become addicted by the age of 19. Therefore, the U.S. Secretary of Health, the U.S. Surgeon General, and leading voluntary health organizations all recommend the elimination of such vending machines in public places for health reasons. 4 ORDINANCE NS-2221 087 Page 5 SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstltutlona by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 16th day of May , 1994. ATTEST: ~Cl~eriCJo~ t~UeYCoun/ci~/ COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye Richardson Aye APPROVED AS TO FORM: Edward ~/. ~r city Attorney 5 O88 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange of Santa Ana on with the Charter of the City of Santa Ana. I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance to be the original ordinance adopted by the City Council of the City O'-"~/~ - ~F ; and that said ordinance was published in accordance Date: 3'~/~ /~' J / t , Clerk of the Cou~il(// City of Santa Ana