HomeMy WebLinkAbout0016_2_Smoking - Exhibit A OrdinanceORDINANCE NO. 2017-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ADDING MUNICIPAL CODE, CHAPTER 8, SECTION
14, SMOKING IN CERTAIN PUBLIC AREAS
WHEREAS, according to the American Lung Association, cigarette smoking is the leading
cause of preventable disease and death worldwide and, according to the Centers for
Disease Control (CDC), smoking is responsible for more than 440,000 deaths annually in
the United States, including deaths from secondhand smoke; and
WHEREAS, tobacco use and exposure to secondhand smoke impose great social and
economic costs; exposure to secondhand smoke causes nearly 50,000 deaths each year
among adults in the United States; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and
exposure to secondhand smoke does occur at significant levels outdoors; and
WHEREAS, according to the California Department of Public Health, e-cigarettes contain
nicotine and e-liquid forms of aerosol found on California’s Proposition 65 list of chemicals
known to cause cancer, birth defects, and other reproductive harm; and,
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to
public health and medical costs; and
WHEREAS, creating smoke-free areas helps protect the health of citizens of and visitors
to the City of Lake Elsinore from the known dangers of secondhand smoke; and
WHEREAS, state law prohibits smoking in places of employment, within 25 feet of
playgrounds and tot lots, and within 20 feet of entryways and operable windows of
government buildings; and
WHEREAS, state law expressly authorizes local communities to enact additional
restrictions on smoking; and
WHEREAS, there is no Constitutional right to smoke in public places; and
WHEREAS, California cities and counties have the legal authority to adopt local laws that
make all areas not defined as places of employment subject to local regulation of smoking
of tobacco products; and
WHEREAS, the City of Lake Elsinore supports and seeks to protect and promote the
health of individuals and their environment; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
Section 1. LEMC Chapter 8, Section 14, Smoking In Certain Public Areas, is hereby
added as follows:
Chapter 8.14, Smoking In Certain Public Areas:
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Ord No. 2017-
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8.14.010 Definitions.
8.14.020 Prohibition of smoking in enclosed and unenclosed places.
8.14.030 Other requirements and prohibitions.
8.14.010 Definitions.
“Beach” means all City-owned public beaches along the lake shoreline.
“Business” means any sole proprietorship, partnership, joint venture, corporation,
association, or other entity formed for profit-making purposes or that has an employee, as
defined in this section.
“City Manager” means the City Manager of the City of Lake Elsinore or designee.
"Public property" means an area that is owned, operated, controlled or under the
jurisdiction of the City, including areas that a business has the use of, with or without the
benefit of an encroachment permit.
“Dining area” means any area available to or customarily used by the general public that
is designed, established, or regularly used for consuming food or drink.
“Electronic cigarette” means an electronic and/or battery-operated device, the use of
which may resemble smoking, that can be used to deliver an inhaled dose of nicotine or
other substances and includes any such device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an
electronic cigarillo, an electronic pipe, an electronic hookah, vape device, or any other
product name or description. “Electronic cigarette” does not include any inhaler prescribed
by a licensed doctor.
“Employee” means any person who is employed; retained as an independent contractor
by any employer, as defined in this section; or any person who volunteers his or her
services for an employer, association, nonprofit, or volunteer entity.
“Employer” means any person, partnership, corporation, and association, nonprofit or
other entity who employs or retains the service of one or more persons, or supervises
volunteers.
“Enclosed” means:
1.Any covered or partially covered space having more than fifty percent of its
perimeter area walled in or otherwise closed to the outside such as, for example, a covered
porch with more than two walls; or
2.Any space open to the sky (hereinafter “uncovered”) having more than
seventy-five percent of its perimeter area walled in or otherwise closed to the outside such
as, for example, a courtyard; except that an uncovered space of three thousand square
feet or more is not enclosed, such as, for example, a field in an open-air arena.
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“Park” means any community park, neighborhood park, special use park, or any other
recreational facility maintained by the City of Lake Elsinore.
“Person” means any natural person, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
“Place of employment” means any area under the legal or de facto control of an employer,
business, or nonprofit entity that an employee or the general public may have cause to
enter in the normal course of operations, but regardless of the hours of operation;
including, for example, indoor and outdoor work areas, construction sites, taxis, employee
lounges, conference and banquet rooms, bingo and gaming facilities, long-term health
facilities and warehouses.
“Public plaza” means a publicly owned square or open area, including but not limited to,
for example, courtyards, plazas, and promenades.
"Public recreational area" means any public property for recreational purposes, including,
but not limited to, parks, beaches, gardens, sporting facilities, stadiums, playgrounds,
trails, bike paths, skateboard parks, amusement parks, and beaches controlled or used
by the City and open to the general public for recreational purposes, regardless of any fee
or age requirement.
“Public right-of-way” means any publicly owned right-of-way for transportation purposes,
including, but not limited to, streets, highways, alleys, parkways, sidewalks, or parking lots
designed to be used or is regularly used by one or more persons for transportation.
“Reasonable distance” means a distance of 10 feet in any direction from an area in which
smoking is prohibited. This distance is reasonably sufficient to make it unlikely that
secondhand smoke will enter nonsmoking areas.
“Service area” means any public or privately owned area used to receive a service, wait
to receive a service or to make a transaction, whether or not such service or transaction
includes the exchange of money. The term "service area" also includes, but is not limited
to, areas at and adjacent to information kiosks, automated teller machines (ATMs), ticket
lines, transit depots, bus stops or shelters, mobile vendor lines or cab stands.
“Significant smoking retailer” means any smoking related retailer that derives seventy-five
percent or more of gross sales receipts from the sale or exchange of smoking related
products and smoking related paraphernalia.
“Smoking” or “to smoke” means holding or possessing a lit engaging in the lighting of a
pipe, hookah, cigar, cigarette, joint, or similar type of device containing tobacco, tobacco
product, nicotine, cannabis, spices, or any other plant or herbal material, or operating an
electronic cigarette, or similar type of device.
8.14.020 Prohibition of smoking in enclosed and unenclosed places.
A.Enclosed Places. Smoking and the disposal of smoking related products is
prohibited in enclosed public property, places of employment, public dining areas, public
recreational areas, service areas, enclosed areas adjacent to areas where smoking is
EXHIBIT A
Ord No. 2017-
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prohibited, enclosed areas that share a ventilation system with areas where smoking is
prohibited, and enclosed areas where smoking is prohibited by any other provision of this
chapter, state law, or federal law and have a common or shared air space within the City
of Lake Elsinore as such places are defined and regulated pursuant to California Labor
Code Section 6404.5, which is hereby incorporated by reference as if fully set forth herein,
except in places listed in Subsection C of Section 8.14.020, and except in such places in
which smoking is already prohibited by state or federal law in which case the state or
federal law applies.
B.Unenclosed Places. Smoking and the disposal of smoking related products is
prohibited in unenclosed places of employment, public dining areas, parks, playgrounds,
beaches, public recreational areas, service areas, public plazas, and during public events,
except in places listed in Subsection C of Section 8.14.020, and except in such places in
which smoking is already prohibited by state or federal law in which case the state or
federal law applies.
C.Unless otherwise prohibited by law, smoking is permitted in the following locations:
1.Designated smoking areas set apart from and no larger than 25% of an
entire event area;
2.Significant smoking related retailers, if minors are prohibited at all times
from entering the store;
3.By performers during theatrical productions, if smoking is a part of the
theatrical production;
4.Private property, except when or used as a childcare or health care facility
subject to licensing requirements and children, patients, or employees are present;
5.Outdoor dining areas of businesses operating under an on-sale license for
public premises issued by the California Department of Alcoholic Beverage
Control. Such outdoor dining areas are exempt from the reasonable distance
clause requirement stated in Section 8.14.010.
6.Public right-of-way areas.
8.14.030 Other requirements and prohibitions.
A. No person, employer, or nonprofit entity shall permit smoking or the placement of
ash receptacles, in an area which is under the legal or de facto control of that person,
employer or nonprofit entity and in which smoking is prohibited by law, unless otherwise
required by state or federal law.
B. Notwithstanding any other provision of this chapter, any owner, landlord, employer,
business, nonprofit entity or other person who controls any property, establishment or
place of employment regulated by this chapter may declare any part of such area in which
smoking would otherwise be permitted to be a nonsmoking area.
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C. A person, employer, or nonprofit entity that has legal or de facto control of an area
in which smoking is prohibited by this Chapter shall post a clear, conspicuous and
unambiguous "No Smoking" or "Smoke Free" sign at each point of ingress to the area,
and in at least one other point within the area. For purposes of this section, the City
Manager or designee shall be responsible for the posting of signs in regulated facilities
owned or leased in whole or in part by the City. Notwithstanding this provision, the
presence or absence of signs shall not be a defense to a charge of smoking in violation of
any other provision of this Chapter.
D. No person, employer, or nonprofit entity shall intimidate or threaten for the purpose
of retaliating against another person who seeks to attain compliance with this Chapter.
Section 2: Severability. If any provision of this Ordinance or its application is held invalid
by a court of competent jurisdiction, such invalidity shall not affect other provisions,
sections, or applications of the Ordinance which can be given effect without the invalid
provision or application, and to this end each phrase, section, sentence, or word is
declared to be severable.
Section 3: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the
thirty-first (31st) day after the date of adoption.
Section 4:Certification. The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published according to law.
EXHIBIT A
Ord No. 2017-
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PASSED AND ADOPTED this __day of , 2017.
Robert Magee
Mayor
Attest:Approved as to Form
Susan M. Domen, MMC, City Clerk Barbara Leibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that
the foregoing Ordinance No. 2017-was duly and regularly passed and adopted by
the City Council of the City of Lake Elsinore at its regular meeting held on the day of
, 2017, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of
general circulation in the City of Lake Elsinore, California on the _____ day of _, 2017.
Susan M. Domen, MMC
City Clerk