HomeMy WebLinkAboutOrd 1901•`� • •
AMENDING CHAPTER
8a 18 OF ..CODE TO
• • •
PUBLIC PLACES.
WHEREAS the City has long recognized smoking's direct and indirect harmful effects
on the public health and welfare; and
WHEREAS the City seeks to protect the health of the members of the public
enjoying the City's many parks and recreational facilities; and
WHEREAS portions of the City's smoking regulations were last updated over 20 years
ago and can be updated to better reflect current local conditions; and
WHEREAS current Chapter 8.18 could be augmented to better protect areas
frequented by particularly vulnerable members of the public, such as young
children;
WHEREAS the public has an interest in the enjoyment of City parks, free from the
effects of second-hand smoke and litter associated with cigarette use;
WHEREAS smoking creates deleterious impacts on the City's fire suppression,
public property maintenance, and stormwater processing functions;
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:
1. Current Chapter 8.18, Smok ng is hereby amended as follows:
8.18.010 Findings andpurpose
The city council of the city of Burlingame hereby finds that:
(a) Numerous studies have found that tobacco smoke is a major contributor to indoor air
pollution; and
(b) Reliable studies have shown that breathing second-hand smoke, which has been classified
as a carcinogen, is a significant health hazard for all persons; and
(c) Health hazards induced by breathing second-hand smoke include heart disease, lung
cancer, respiratory dysfunction, bronchoconstriction, bronchospasm, and death; and
(d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of
breathing second-hand smoke may experience a loss ofjob productivity or may be forced to take periodic
sick leave because of adverse reactions to same; and
(e) Smoking is a documented cause of fires, and cigarette and cigar bums and ash stains on
merchandise and fixtures cause economic losses to businesses; and _
M Cigarette butts, left as litter, are toxic to small children and wildlife that may ingest them
and contribute to the solid waste burden of public space maintenance and stonnwater processing facilities;
and
(gf) Accordingly, the city council finds and declares that the purpose of this chapter is to
protect the public health and welfare by prohibiting smoking in public places and in places of employment,
as set forth herein. (Ord. 1481 § 1, (1993))
8.18.020 Definitions.
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
consumption 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) "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.
(g) "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.
(h) "Public place" means any enclosed area to which the public is invited or in which the
public is permitted, including, but not limited to: banks, 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 also means that City -
owned or operated property — whether enclosed or open-air — described below in §8.18.030.
(i) "Restaurant" means any coffee shop, cafeteria, sandwich stand, 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.
0) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco
products and accessories.
(k) "Service line" means indooe line at which one or more persous are waiting for or
receiving service of any kind, whether or not such service includes the exchange of money.
(I) "Smoking" means inhaling, exhaling, burning or carrying any IighYed pipe, cigar or
cigarette of any kind, or any other combustible substance.
(m) "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.
(n) "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))
8.18.030 Smoking limitations in city -owned or city -controlled facilities and vehicles
In order to avoid the adverse effects of smoking on members of the public employees and
property of the City. the City hereby bans smoking at city facilities as described in this section
(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 a city -
owned building.
(b) Sports Fields and Courts. Smoking is prohibited at all times within twenty-five (25) 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; and
(2) Any city -owned sports courts commonly used for activities such as tennis or basketball;
and
(3) Players' benches or spectator gathering areas during any city -conducted or city -sponsored
activity.
(c) City Events. Smoking is prohibited during the performance or conduct of any city -
conducted or city -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 and 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 further prohibited in, and within twenty-five (25) feet of the
following locations:
(1) City -owned an rkinelots;
!2} Burlingame Golf Center;
(_) Murray Field;
(4) Burlingame School District properly, including fields and courts;
(5) San Mateo Union High School District property, including fields and courts
i6} City -owned playgrounds;
(7) City-oNvncd arks;
(86) Citv-owned and maintained bayfront trails' and
(97) Mills Canyon Park
(e) Posted Areas. In addition to the facilities described above, the city manager and the
director of parks and recreation are authorized to post additional city -owned or city -controlled facilities for
"no smoking," and smoking is prohibited in any such facility that is so posted.
(f) City Vehicles. Smoking is prohibited in any city -owned or city -controlled vehicle. (Ord.
1344 § 1, (1987); Ord. 1481 § 1, (1993); Ord. 1485 § 1, (1993); Ord. 1777 § 2, (2005))
8.18.040 Prohibition of smoking in public places.
(a) Smoking
shall be prohibited in
all enclosed public
places,
including, but not limited to„
the following places:
limited to, business offices,
and banks;
(1) Elevators and restrooms;
(2) Buses, taxicabs and other means of public transit under the authority of the city of
Burlingame.
(3) Service lines;
(4) Retail stores;
(5) Restaurants;
(6)
Al] areas available to and customarily used
by the general public in all
businesses and
nonprofit entities
patronized by the public, including, but not
limited to, business offices,
and banks;
(7) Public azeas of aquariums, libraries and museums when open to the public;
(8) Any building not open to the sky which is used primarily for exhibiting any motion
picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of
any such production;
(9) Enclosed sports arenas;
(10) Doctors offices, dentists offices, waiting rooms, hallways, wards and semi -private rooms
of health facilities, including, but not limited to, hospitals, clinics and physical therapy fic es;
(11) Every room, chamber, place of meeting or public assembly, including school buildings
under the control of any board, council, commission, committee including joint committees, or agencies of
the city or any political
subdivision of the state during such time as a public meeting is in progress, to the extent such place is
subject to the jurisdiction of the city;
(12) Lobbies, hallways, and other common areas in apartment buildings, condominiums,
senior citizen residences, nursing homes, and other multiple -unit residential facilities;
(13) Lobbies, hallways, and other common areas in multi
ple -unit commercial facilities;
(14) Polling places;
(15) Warehouse facilities of any size. (Ord. 1344 § 1, (1987); Ord. 1481 § 1, (1993); Ord.
1517 § 1, (1995))
8 18 050 Reeulation ofsmokina in places of emUloyment
Smoking is prohibited in all place
s of employment. (Ord. 1344 § 1, (1987); Ord. 1481 § 1, (1993))
8.18.060 Wlrere smoking not regu ated.
(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:
(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 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 transient 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 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 subsection, the establishment may
permit smoking in corridors and prefunetion 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 to the theatrical production;
(7) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or tmck 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 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))
8.18.070 Posting of signs.
(a) "No Smoking" signs with letters of not less than one inch in height or the international
No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it, shall be clearly and conspicuously posted in every building or other place
where smoking is controlled by this chapter, by the owner, operator, manager or other person having
control of such building or other place.
(b) Every theater owner, manager or operator shall conspicuously post signs in the lobby
stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture
theaters, such information shall be shown upon the screen for at least five (5) seconds prior to the showing
of each feature motion picture. (Ord. 1344 § 1, (1987); Ord. 1481 § 1, (1993))
8.18.080 Violations.
(a) It is unlawful for any person to smoke in a place where smoking is prohibited.
(b) It is unlawful for any person who owns, manages or otherwise controls the use of any
premises subject to the prohibition of this chapter to fail to post signs as required by this chapter or to
knowingly permit a violation of this chapter; provided, however, that employees are not required to
designate their individual work areas.
(c) AnYperson
who violates this section maybe
subieetto civil and criminal
penalties as
defined in & 1 12 and
§ 1 14 of this Municipal Code (Ord.
1344 § 1, (1987); Ord. 1481 § 15
(1993))
8.18.090 Nondiscrimination.
No person shall dischazge, refuse to hire or in any manner discriminate against any employee or
applicant fore oyment because such employee or applicant exercises any rights afforded by this chapter.
(Ord. 1344 § 1, (1987); Ord. 1481 § 1, (1993))
8 18 100 Tobacco Vending machiues prohibited excerot in bars
No person, business, or tobacco retailer shall IocaYe, install, keep, maintain or use, or permit the
location, installation, keeping maintenance or use on his, her or its premises any vending machine for the
purpose of selling or distributing any tobacco product, except that vending machines shall be permitted in
bars, provided the vending machines are not located adjacent or near any entrance of the bar. (Ord. 1475 §
3, (1993))
18 110
Enforcement of Labor Code Section 6404 5
(a) Authority. The provisions of Labor Code Section 6404.5 will -m v be enforced by
employees of the San Mateo County Health, as
designated by the Dhzeetef �cddi-Ser-vieesChief of the Health System, in addition to city employees,
peace officers, and state employees and officers. However, employees designated by the County HT -f of
Health &eFvx-es-Svstem with the authority to enforce Labor Code Section 6404.5 may only issue citations
tD employers and not to patrons, customers, or other guests when exercising the authority conferred by this
paragraph.:
(b) San Mateo Coun Health ser.ss Agcney,-L'.-'^�.�**"'f;ea}tlr-Svstem
Employees as Public Officers. In the performance of their duties of monitoring and enforcing compliance
with Labor Code &Qet4err§-6404.5, and to the extent permitted by Labor Code §6404.5(j), the Citv confers
all employeesas designated by the County Dhea+s Health Seirvices-S stem to engage in those
enforcement efforts, 5"�'.,..a,l- R:�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 Chief of the
San Mateo Counri Health System and/or his or her designees will
establish and cause to be administered an enforcement training program designed to instruct each of the
Health Services employees designated to enforce under this section to exercise citation authority pursuant
o state law. (Ord. 1599 § 2, (1998))
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 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.
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.
I MARY ELLEN KEARNE I , City Clerk of the City of Burinigame, do hereby
certify that the foregoing ordinance was introduced at a regular meeting of the City
Council held on the 7th
day of Juiy 2014 and adopted thereafter at a regular meeting of the
City Council held on the ?$lay of August 2014, by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, DEAL, KEIGHRAN9 NAGEL0 ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:, m P
vW
MARY ELLEN KEARNEY, City Clerk