HomeMy WebLinkAboutOrd 1919ORDINANCE NO. 1919
ORDINANCE OF THE CITY OF BURL GAME AMENDING CHAPTER
$.18 OF THE BURLINGAME MUNICIPAL CODE TO PROHIBIT SMOKING IN
MULTI -FAMILY DWELLINGS
WHEREAS the City has long recognized smoking's duect and indirect harmful effects on the
public health and welfare; and
WHEREAS the negative effects of second-hand smoke in multi -family dwellings have been
well-documented, and include increased rates of asthma, lung cancer, and other diseases in
non-smoking residents exposed to second-hand smoke; and
WHEREAS the City has a legitimate interest in protecting the health and welfare of its
residents by shielding them from exposure unwanted second-hand smoke in their homes;
Lod
WHEREAS non-smoking residents of multi -family dwellings are particularly at risk from
second-hand smoke from neighboring residents because of the risk of repeated, long-term
exposure and their inability to remove themselves from the hazard; and
NOW, THEREFORE, the City Council does hereby ordain
as follows:
DIVISION 1:
Section 1: Burlingame Municipal Code Chapter 8.18 is hereby amended as follows:
L Current Chapter 8.18, Smoking is hereby amended in the identified sections
8.18.020 Defin
below
as
follows:
itions.
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section:
(a) "Bar" means an area which is devoted to the serving of alcoholic beverages for
consumpfion by patrons on the premises and in which the serving of food in that bar area is only
incidental to the consumption of such beverages. Although a restaurant may contain a bar, the
term "bar" shall not include the restaurant's primary dining area.
(b) Business" means any sole proprietorship,, partnership, joint venture, corporation
or other business entity formed for profit-making purposes, including retail establishments where
goods or services are sold as well as professional corporations and other entities where legal,
medical, dental, engineering, architectural or other professional services are delivered.
(c) "Employee" means any person who volunteers his or her services or who is
employed by any employer in consideration for direct or indirect monetary wages or profit.
(d) "Employer" means any person, partnership, corporation or nonprofit entity who
employs the services of one or more persons.
(e) "Enclosed" means closed in by roof and at least three (3) walls.
(f) "Multi -family housing" means any shucture containing two or more contiguous
dwelling units that share a wall, floor, or roof.
(g) "Nonprofit entity" means any corporation, unincorporated association or other
entity created for charitable, educational, political, social or other similar purposes, the net
proceeds from the operations of which are committed to the promotion of the objects or purposes
of the organization and not to private financial gain. A public agency is a "nonprofit entity"
within the meaning of this section.
(h) "Place of employment" means any enclosed area 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 and restrooms, conference and class
rooms, cafeterias and hallways.
(i) "Public place" means any enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to: books, educational facilities, health facilities,
public transportation facilities, reception areas, restaurants, retail food production and marketing
establishments, rail service establishments, retail stores, theaters and waiting rooms. Public place
aIso means that City -owned or operated property — whether enclosed or open-air — described
below in §8.18.030.
(j) "Restaurant" means any coffee she cafeteria, sandwich stan
d, soda fountain,
private or public school cafeteria and any other eating establishment, organization, club,
boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons or
employees.
(k) "Retail tobacco store" means a retail store utilized primarily for th
e sale of
tobacco products and accessories.
(1) "Serv
ice line" means indoor
line at which
one or more
persons are waiting for or
receiving service of any kind, whether or not
such service
includes the
exchange
of money.
(m) "Smoking " means inhaling, exhaling, burning or carrying any lighted pipe, cigar
or cigarette of any kind, or any other combustible substance.
(n) "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, athletic fields, roller and ice rinks, bowling alleys and other similar places
where members of the public assemble to engage in physical exercise, participate in athletic
competition or witness sports events.
(o) "Tobacco vending machine" means any electronic or mechanical device or
appliance the operation of which depends upon the insertion of money, whether in coin or paper
currency, or other things representative of value, which dispenses or releases a tobacco product.
(Ord. 1344 § 1, (1987); Ord. 1475 §§ 1, 2, (1993); Ord. 1481 § 1, (1993))
8.18.055 Multi -Family Housing.
Smoking is prohibited in multi -family housing. The use of medical marijuana with a valid
prescription shall not be prohibited by this provision, but shall be subject to all other applicable
regulations and prohibitions on creation of a nuisance.
8.18.060 Where smokin ng of re ult* aced.
(a) Notwithstanding any other provisions of this chapter to the contrary, the
following areas shall not be subject to the smoking restrictions of the chapter:
(2) Private residences, other than those located in multi -family housing, except when
used as a child care or a health care facility. 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 twelve (12) or more persons shall be subject to
smoking restrictions;
(3) Sixty-five (65) 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 tran
sient lodging establishment
designated for smoking by the establishment. Such an establishment may permit smoking in a
designated lobby area that does not exceed twenty-five (25) percent of the total floor area of the
lobby or, if the total area of the lobby is two thousand (2,000) square feet or less, that does not
exceed fifty (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 an
d 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 subsection, the establishment may permit smoking in corridors and prefunction
areas adjacent to and serving the meet ng 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 m
a theatrical production itself when
smoking is an
integral part
of the story to the theatrical
production;
(7)
Cabs
of motortrucks, as
defined
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)
Medica] research
or treatment sites,. if smoking is integral to
the research and
treatment being
conducted. Such
a site must have not less than sixteen (16) air
changes per hour;
(10) Patient smoking areas in long-term health care facilities, as defined by Section
1418 of the Health and Safety Code. Such an area shall have not less than sixteen (16) air changes
per hour.
(b) The exception to smoking prohibitions contained in subsection (a)(7) above does
not apply to city -owned or city -controlled vehicles or equipment. (Ord. 1344 § 1, (1987); Ord.
1481 § 1, (1993); Ord. 1517 § 2, (1995); Ord. 1527 § 1, (1995); Ord. 1777 § 3, (2006))
DNTSION 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 hereby 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.
DNISION 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 one hundred eighty (180) days
after its final passage.
TERRY NAGEL, Mayor
I, MARY ELLEN KEARNEY, 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 July 2015 and adopted thereafter at a regular meeting of the City Council held on
the 17th day of August 2015, by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: KEIGHRAN
ABSENT: COUNCILMEMBERS: NONE
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MARY ELLEN KEAR EY
CITY CLERK