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HomeMy WebLinkAboutOrd 15991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE No. 1599 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE MUNICIPAL CODE TO ALLOW THE COUNTY HEALTH SERVICES AGENCY TO ENFORCE THE PROVISIONS OF LABOR CODE SECTION 6404.5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Labor Code Section 6404.5 provides for statewide smoking regulations, particularly with regard to bars. In order to enhance uniform enforcement in the County of San Mateo, it appears appropriate and efficient to provide enforcement authority to the County of San Mateo Health Services Agency, Division of Public Health, of Section 6404.5. Section 2. Anew Section 8.18.110 is added to the Municipal Code as follows: 8.18110 Enforcement of Labor Code Section 6404.5 (a) Authority. The provisions of Labor Code section 6404.5 will be enforced by employees ofthe San Mateo County Health Serv ices Agency, Division of Public Health, as designated by the Director of Health Services, in addition to City employees, peace officers, and state employees and officers. However, employees designated by the County Director of Health Services with the authority to enforce Labor Code section 6404.5 may only issue citations to employers and not to patrons, customers, or other guests. (b) San Mateo Health Services Agency, Division of Public Health Employees as Public Officers. In the performance of their duties of monitoring and enforcing compliance with Labor Code section 6404.5, all employees designated by the County Director ofHealth Services to engage in those enforcement efforts shall have the power, authority, and immunity of a public officer to engage in that activity and issue citations as provided in this section. (c) Training Program. In coordination with the Sheriff of San Mateo County, the County Director of Health Serv ices will establish and cause to be administered an enforcement training program designed to instruct each of the Health Serv ices employees designated to enforce under 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this section to exercise citation authority pursuant to state law. Section 3. This ordinance shall be published as rF I, NDITH A. MALFATTI, 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 20th day of July , 1998, and adopted thereafter at a regular meeting of the City Council held on the 3`d day of Au st , 1998, by the following vote: AYES: COUNCILMEMEERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEM13ERS: NONE ABSENT: COUNCILMEMBERS: NONE y/ / / _, A:�Smokhealtb.bpd.wpd 2