HomeMy WebLinkAboutOrd 1964ORDINANCE NO. 1964
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING SECTION 8.18.090 OF THE MUNICIPAL CODE REGARDING
COMPLAINTS OF ILLEGAL SMOKING
WHEREAS, Chapter 8.18 of the Burlingame Municipal Code contains numerous
regulations regarding smoking, enacted to preserve the public health and welfare; and
WHEREAS, existing Section 8.18.090 is designed to protect current and
prospective employees from discrimination or retaliation for making complaints of illegal
smoking, by stating "[n]o person shall discharge, refuse to hire or in any manner
discriminate against any employee or applicant for employment because such employee
or applicant exercises any rights afforded by this chapter;" and
WHEREAS, the City has a complaint -based code enforcement program, which
relies on the public to indicate areas needing enforcement; and
WHEREAS, good faith attempts to protect oneself or other members of the public
from the negative health effects of prohibited smoking should not be discouraged; and
WHEREAS, Section 8.18.090 can be broadened to provide greater protections
for those complaining of illegal smoking;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
DIVISION 1:
Section 1: Burlingame Municipal Code Section 8.19.090 is amended as follows:
Existing Section 8.18.090 is re -titled as follows:
"8.18.090 Nondiscrimination and Prohibition on Retaliation."
The text of Section 8.18.090 is amended to add the following at the end of the existing
statutory language:
"Further, no landlord, property manager, homeowners' association, business manager,
or other person in authority shall discriminate or retaliate against any person for making
a complaint to the person or entity in authority, the city's code enforcement or police
departments, or to the County Health Department, regarding alleged violations of this
Chapter, unless such complaints have been determined by a competent court to be
defamatory or malicious prosecution. Discrimination or retaliation against persons
making complaints regarding alleged violations of this Chapter shall themselves be
deemed a violation of the Municipal Code and shall be punishable and enforceable
under its provisions."
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
DIVISION 3:
This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of
Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
Donna Colson, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 6th day of May, 2019, and adopted thereafter at a regular meeting of
the City Council held on the 20th day of May 2019, by the following vote:
AYES: Councilmembers: BEACH, COLSON, KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: BROWNRIGG
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