HomeMy WebLinkAboutOrd 1154 Related to Smoking 06-26-2008CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
INTEROFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Council
Carlos L. Ortega, City Manager
From: City Clerk on behalf of David J. Erwin, City Attorney
Date: June 23, 2008
Subject: JUNE 26. 2008. CITY COUNCIL AGENDA
ORDINANCE NO. 1154AA - Amending and Restating Chapter 8.36 of the
Code of Palm Desert. California. Relating to Smoking
Following are the City Attorney's recommendations for disposition of the three Ordinances
appearing on the June 26 City Council Agenda.
• Ordinance No. 1154AA is the new, REVISED ordinance regarding the regulation
and prohibition of smoking.
Recommend it be passed to second reading.
• Ordinance No. 1154A was continued from the June 12 Meeting.
Recommend it be disregarded and receive no further action.
as the initial ordinance regarding regulation of secondhand
smoke introduce a: the April 24 Meeting and passed to second reading at the
June 12 Meeting; it was continued to June 26.
Recommend it be removed from the agenda and receive no further action.
RACHELLE D. KLASSEN, CMC
CITY CLERK
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::ITY COUNCIL ACTION:
APPROVED ✓ DENIED
RECEIVED OTHER //(Jf 7 d
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ABSENT: AlnnP ._
VERIFIED��
ABSTAIN:, one BY •
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MEETING DATE
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* Passed Ord. No. 1154 to second reading at the meeting
of June 12, 2008, with staff directed in the meantime
to work with the community and draft another ordinance
for introduction that would ban smoking entirely within
Palm Desert City Limits. 5-0
.RDINANCE NO. 1154
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA,
AMENDING PALM DESERT MUNICIPAL CODE
TITLE 8 REGARDING REGULATION OF
SECONDHAND SMOKE
WHEREAS, the City of Palm Desert ("City") has adopted a Regulation and Prohibition
of Smoking Ordinance ("Ordinance") codified at Chapter 8.36 of the Palm Desert Municipal
Code; and
WHEREAS, reliable studies have shown that breathing secondhand smoke induces
health hazards among the population, including but not limited to, lung cancer, respiratory
infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and
bronchospasm; and
WHEREAS, nonsmokers may suffer other ill effects of breathing secondhand smoke that
drifts from designated smoking areas into smoke -free areas, as provided in chapter 8.36, such as
annoyance, inconvenience, discomfort, and loss of job productivity; and
WHEREAS, the City Council finds and declares the need to strike a reasonable balance
between the needs of smokers and the need of nonsmokers to breathe smoke -free air, and to
recognize that, where these needs conflict, the need to breathe smoke -free air shall have priority.
WHEREAS, the City Council desires to amend Chapter 8.36 of the Palm Desert
Municipal Code in conformance herewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That Chapter 8.36 of the City of Palm Desert Municipal Code be and the
same hereby is amended as follows:
A. Section 8.36.020 "Definitions" shall be amended to include the following:
"D. "Secondhand smoke" means the tobacco smoke created by burning or
carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled
by an individual who engages in smoking."
B. Section 8.36.040 "Designation of smoking areas" shall be amended to read as
follows:
"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 h^iar ,,ipjeWxp,S i,here rhUdri ara 1ECAC.+t '-
MEETING DATE S.F') /A • C'g
RMPUB\LWADE\295658.I CONTINUED TO t-�'
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ORDINANCE NO. 1154
retail stores, retail service establishments, food markets, including eating areas,
public conveyances, theaters, 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 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 enclosed areas in which smoking is
prohibited such as, without limitation, air conditioning systems. heating systems,
ventilation systems, entries, doorways, hallways. and stairways or within 20' of
commercial building entrvs. In all disputes in the work place, the rights of the
nonsmoker shall be given priority over the rights of the smoker. Restaurants
covered by this chapter, whose occupied capacity is fifty or more persons, shall
designate and post by signs, of sufficient number and post in such locations as to
be readily seen by persons within such areas, contiguous area of not less than
twenty-five percent of the serving areas where the smoking of tobacco is
prohibited, and shall inform all patrons a nonsmoking area is provided.
C. Section 8.36.035 is hereby added to Chapter 8.36 of the Palm Desert Municipal
Code to read as follows:
"Section 8.36.035 Secondhand smoke —Declaration of nuisance.
Secondhand smoke constitutes a nuisance. Notwithstanding any other
provisions of this chapter, a private citizen may bring a legal action to abate
secondhand smoke as a nuisance."
Section 2. The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall
remain in full force and effect.
Section 3. 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.
RMPUB\L WADE\295658.1 2
ORDINANCE NO. 1154
The foregoing Ordinance was approved and adopted at a meeting of the City Council
held on , 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jean M. Benson, Mayor
City of Palm Desert, California
ATTEST:
Rachelle D. Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
David J. Erwin, City Attorney
RMPUB\LWADE\295658.1 3