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ORDINANCE No. 1777
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 8.18 OF THE MUNICIPAL CODE TO REGULATE SMOKING
AT CITY SPORTS FIELD, ACTIVITIES, AND EVENTS AND TO PROHIBIT
SMOKING IN CITY VEHICLES
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. Since 1987, the City of Burlingame has had a strong ordinance limiting the
smoking of tobacco products in enclosed places in the City. People participating in sports should
not be subjected to tobacco smoke, and in particular, spectators and young people at City events
that are held outdoors should not be forced to bear the discomfort, annoyance, and possible
health risks of tobacco smoke. These general locations provide many alternative places to smoke
if one chooses without affecting others' enjoyment. In addition, City vehicles should be kept
smoke-free for both health and aesthetic reasons as they are shared by many different drivers and
passengers over time. This ordinance reasonably limits smoking near sports fields, activities, and
other City events.
Section
2. Section 8.18.030
is
amended to
read as follows:
8.18.030
Smoking limitations
in
city -owned
or -controlled facilities and vehicles.
(a) Enclosed facilities. Smoking is prohibited in all enclosed facilities owned by the city.
For the purpose of this chapter, the building known as the Burlingame Lions Hall shall not be
considered acity-owned building.
(b) Sports fields and courts. Smoking is prohibited at all times within twenty (20) feet of
the following:
(1) Any bleachers, grandstands, playing fields, or dugouts of any city -owned sports field
commonly used for activities such as baseball, softball, soccer, lacrosse, or football; an
d
(2) Any city -owned sports court
s commonly used for activities such as tennis or
basketball; an
d
(3) Players' benches or spectator gathering areas during any city -conducted or -sponsored
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activity.
(c) City events. Smoking is prohibited during the performance or conduct of any city -
conducted or -sponsored event, including but not limited to sports, entertainment, plays,
ceremonies, pageants, fairs, or training in any location that is close enough to the event that
smoke is traveling to or over participants or spectators of the event. The director of parks &
recreation is authorized, however, to designate smoking areas at such an event where smoking is
to be allowed notwithstanding this subsection. This subsection does not apply to smoking by a
person who is passing through the area to another destination, or to smoking by actors in a
theatrical production if smoking is an integral part of the production.
(d) Specific areas. Smoking is prohibited in the following locations:
(1) Burlingame Golf Center;
(2) Murray Field;
(3) Burlingame School District property, including fields and courts; and
(4) San Mateo Union High School District property, including fields and courts.
(e) Posted areas. In addition to the facilities described above, the city manager and the
director of parks &recreation are authorized to post additional city -owned or -controlled
facilities for "no smoking," an
d smoking is prohibited in any such facility that is so posted.
(f) City vehicles. Smoking is prohibited in an
y city -owned or -controlled vehicle.
Section 3. Section 8.18.060 is amended to read as follows:
8.18.060 Where smoking not regulated.
(a) Notwithstanding an
y other provisions of this chapter to the contrary, the following
areas shall not be subject to the smoking restrictions of the chapter:
(1) Bars;
(2) Private residences, except when used as a child care or a health care facility; provided
that common areas or areas normally open to the public within residential apartments, residential
co-ops, residential hotels, senior citizen projects, or other communal or similar facilities housing
12 or more persons shall
be subject to smoking restrictions;
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(3) Sixty-five percent of the guest room accommodations in a hotel, motel, or similar
transient lodging establishment;
(4) Areas of the lobby in a hotel, motel, or similar transient lodging establishment
designated for smoking by the establishment. Such an establishment may permit smoking in a
designated lobby area that does not exceed 25 percent of the total floor area of the lobby or, if the
total area of the lobby is 2,000 square feet or less, that does not exceed 50 percent of the total
floor area of the lobby. For the purposes of this paragraph, "lobby" means the common public
areas of such an establishment in which registration and other similar or related transaction, or
both, are conducted and in which the establishment's guests and members of the public typically
congregate;
(5) Meeting and banquet rooms in a hotel, motel, other transient lodging establishment
similar to a hotel or motel, restaurant, or public convention center, except while food or beverage
functions are taking place, including setup, service, and cleanup activities, or when the room is
being used for exhibit purposes. At times when smoking is not permitted pursuant to this
paragraph, the establishment may permit smoking in corridors and prefunction areas adjacent to
and serving the meeting or banquet room if no employee is stationed in that corridor or area on
other than a passing basis;
(6) Theatrical production sites, but only in a theatrical production itself when smoking is
an integral part
of the story in the theatrical production;
(7) Cabs of motomucks, as defi
ned in Section 410 of the Vehicle Code, or truck tractors,
as defined in Section 655 of the Vehicle Code, if no nonsmoking employees are present;
(8) Retail tobacco stores;
(9) Medical research or treatment sites, if smoking is integral to the research and
treatment being conducted. Such a site must have not less than
16 air changes per hour;
(10) Patient smoking areas in long-term health care facilities, as defi
ned by section 1418
of the Health and Safety Code. Such an area shall have not less than 16 air chan
ges per hour.
(b) The exception to smoking prohibitions contained in subsecfion (a)(7) above do not
apply to city -owned or -controlled vehicles or equipment.
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Section 4. This ordinance shall be published as required by law.
Mayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 6th day
of February, 2006, and adopted thereafter at a regular meeting of the City Council held on the
22" day of February, 2006, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Cleric
S:\Ordinances\ord 1777.ord.doc