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HomeMy WebLinkAboutORD 462ORDINANCE NO. 462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE REGULATION AND PROHIBITION OF SMOKING. The City Council of the City Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1. There is hereby added to the Municipal Code of the City of Palm Desert, California, Chapter 8.36, which is to read as follows: Chapter 8.36 Regulation and Prohibition of Smoking. 8.36.010. Purpose of Chapter. Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a cause of material annoyance, inconvenience, discomfort and health hazard to those who are present in confined places, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any other weed or plant in publ is places and places of employment, except in designated smoking areas. 8.36.20. Definitions. A. "Smoke" or "smoking" as defined in this chapter shall mean and include the carrying of a lighted pipe, or the lighting of a pipe, cigar or cigarette of any kind. B. "Public place" shall mean any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence or private country club is not a public place. C. "Place of employment" shall mean 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. 8.36.030. Prohibition. No person shall smoke in a public place or place of employment, except in designated smoking areas. 8.36.040. Designation of Smoking_ Areas. Smoking areas may be designated in public places and in places of employment by proprietors or other persons in charge except in waiting rooms of medical offices and other health facilities, child care facilities, including those in private homes, during normal operating hours in rooms where children are present, in retail stores, retail service establishments, food markets, including eating areas, public conveyances, theatres, auditoriums, pharmacies, libraries, museums or galleries which are opened to the public or any other place where smoking is prohibited by law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to eliminate the toxic effect of smoke in adjacent non-smoking areas, but employers are not required to incur any expense to make structural or physical modifications in providing these areas. In all disputes in the work place, the rights of the non-smoker shall be given priority over the rights of the smoker. Restaurants covered by this chapter, whose occupied capacity is 50 or more persons, shall designate and post by s i gns, of suff i c lent number and post in such locations as to be readily seen by persons within such areas, contiguous area of not less than 25% of the serving areas where the smoking of tobacco 1s prohibited, and shall inform all patrons a non-smoking area is provided. 8.36.050. Optional Prohibition. All managers and owner of any establishment exempted from the provisions of this Chapter 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 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. WX 8.36.070. Exceptions. A. Private offices, including those in the work place, hotels and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities, jails, bar areas and stores that deal exclusively in tobacco products and accessories. B. Existing restaurants that were under lease as a restaurant on or before January 1, 1977. C. Any owners or other person having control of a business or other establishment subject to this ordinance may apply to the City for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. 8.36.080. Non -Retaliation. 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 Zoning & License Officers, Police and Fire Personnel are authorized to issue citations for violation of the provisions of this Chapter. -3- 8.36.100. Violation -Penalty. 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; or (3) violating any other provision of this chapter, is deemed guilty of an infraction in accordance with Chapter 1.12 of this Code. 8.36.110. Severability. The City Council of the City of Palm Desert hereby declares that, should any section, paragraph, sentence or word of this chapter of the Code, hereby adopted, be declared, for any reason, to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the eliminations here from of any such portion as may be declared invalid. Section 2. Publication. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated in the City of Palm Desert, and this ordinance shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 8th May , 1986, by the following vote: AYES: BENSON, SNYDER, WILSON AND KELLY NOES: NONE ABSENT: JACKSON ABSTA I N : NONE ATTEST: / G6,e- SHEILA R. GILLIGAN, W Y CLERK CITY OF PALM DESERT, CALIFORNIA day of fornia