HomeMy WebLinkAboutOrd 44 ORDINANCE NO. 44
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY
ADDING CHAPTER 6. 14 TO THE CATHEDRAL CITY
MUNICIPAL CODE, RELATING TO THE PROHIBITION
OF SMOKING IN CERTAIN PUBLIC PLACES.
The city council of the City of Cathedral City does ordain as follows:
r
SECTION 1. A new chapter, to be numbered 6. 14 hereby is added to the
Cathedral City Municipal Code, to read as follows:
Chapter 6. 14
SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS
Sections:
6.14.010 Purpose of chapter.
6.14.020 Definitions.
6. 14.030 Prohibition in certain public places.
6. 14.040 Optional prohibition.
6.14.050 Posting of signs.
6. 14.070 Exceptions.
6. 14.080 Enforcement and appeal. •
6.14.090 Violations and penalties.
6.14.010 Purpose of chapter. Because smoking of tobacco, or any other
weed or plant, is a positive danger to health and a cause of material
annoyance, inconvenience, discomfort and a health hazard to those who are
present in confined places, and in order to serve public health, safety
and welfare, the declared purpose of this chapter is to prohibit the smoking
of tobacco, or any other weed or plant, in certain areas which are used
by or open to the public.
6.14.020 Definitions. "Smoke" or "smoking" as defined in this chapter
shall mean and include the carrying of a lighted pipe, or lighted cigar,
or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette
of any kind.
"Service line" or "service counter" shall be defined as any indoor line
or counter at which two (2) or more people are involved in waiting for,
receiving or giving service of any kind, regardless of whether or not such
service involves the exchange of money. Such service shall include, but is
not limited to, sales, giving of information, directions or advice, and
transfers of money or goods. The "service line" or "service counter" pro-
visions shall not apply to restaurants.
6. 14.030 Prohibition in certain public places. Smoking shall be pro-
hibited in the following places within the City of Cathedral City to the
extent the same are subject to the jurisdiction or licensing by the City:
(a) Elevators, museums, galleries, public transportation facilities
open to the public, and service lines of establishments doing business with
the general public.
00067
(b) Waiting rooms, or public hallways of every private or public health
care facility, including but not limited to hospitals; provided further, however,
that this prohibition shall not prevent the establishment of a separate waiting
room in which smoking is permitted as long as there also exists a waiting room
in the same facility in which smoking is prohibited. This prohibition shall not
apply to private rooms or psychiatric facilities. Health care facilities also
must provide nonsmoking sleeping rooms upon the request of any patient or his
physician at the time such patient is being admitted to the facility.
(c) In the area of the pharmacy counter of any store where people are waiting
for or receiving medical prescriptions or like medication.
(d) Within waiting rooms, meeting rooms, public assembly rooms, libraries
and restrooms located in all buildings owned or operated by the City of Cathedral
City except in lobbies and in zones designated for smoking by the city manager.
Such smoking zones shall not exceed twenty percent (20%) of the seating capacity
of each room or area.
(e) Within any building not open to the sky which is primarily used for or
designed for the purpose of exhibiting any motion picture, stage drama, lecture,
musical recital or other similar performance whenever open to the public (except
when smoking is a part of a stage production) ; within all restrooms; except that
smoking will be allowed in an area commonly referred to as a lobby if such lobby
is physically separated from the spectator area.
(f) All restrooms open for public use.
6.14.040 Optional prohibition. All managers and owners of any establish-
ments serving or doing business with the public other than those specifically
covered under Section 6.14.030 may at their discretion post "No Smoking" signs
within various areas of their business and utilize the full right of the
provisions of this chapter.
6.14.050 Posting of signs. Signs which designate smoking or no-smoking areas
established by this chapter shall be clearly, sufficiently, and conspicuously
posted in every room, building, or other place so covered by this chapter. The
manner of such posting including the wording, size, color design, and place of
posting whether on the walls, doors, tables, counters, stands or elsewhere shall
be at the discretion of the owner, operator, manager, or other person having con-
trol of such room, building, or other place so long as clarity, sufficiency, and
conspicuousness are apparent in communicating the intent of this chapter.
6.14.070 Exceptions. (a) Smoking shall be permitted in any room in which
it is otherwise prohibited herein if the owner, operator, manager or other person
having control of such room files with the city manager a written statement from
a mechangial engineer registered in the State of California, certifying that such
room is ventilated with a mechanical ventilation system which complies with one
of the following:
(1) An outdoor air change of at least twenty-five (25) cubic feet per
minute, per occupant, the occupant load to be determined in accordance with
ti
Section 3301(d) of the Uniform Building Code, on file with the city clerk, or
(2) A system utilizing filters which achieve eighty percent (80%)
efficiency, as described in National Bureau of Standards dust spot method, or
other equipment which is equally effective. Such system shall have sufficient
capacity to process the air content of the room served every fifteen (15) minutes,
or less.
2.
000368
(b) The above ventilation exceptions shall not apply to the following areas
where smoking is to be absolutely prohibited: elevators, service lines, public
transportation facilities open to the public, public health care facilities as
regulated in Section 6.14.030(b) , theaters as regulated in Section 6.14.030(c) ,
and restrooms open to public use.
(c) In ventilated areas as herein described, the smoking area shall be
separated from the non-smoking area and shall not exceed fifty percent (50%) of
the seating capacity.
6.14.080 Enforcement and appeal. (a) The city manager shall be responsible
for compliance with this chapter when facilities which are owned, operated or
leased by the City are involved. The city manager shall provide business license
applicants with copies of this chapter, upon request.
(b) The owner, operator or manager of any facilities, business or agency shall
post or cause to be posted all "No Smoking" signs required by the chapter.
6. 14.090 Violations and penalties. Any person who violates any provision
of this chapter by smoking in a posted "No Smoking" area, or by failing to post
or cause to be posted a "No Smoking" sign required by this chapter, is guilty
of an infraction and, upon convicion thereof, shall be punished by a fine as provided
in Section 1.01.230 of this code.
SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 3. POSTING. The City Clerk shall within 15 days after the passage
of this ordinance, cause it to be posted in at least the 3 public places designated
by resolution of the City Council; shall certify to the adoption and posting of
this ordinance; and shall cause this ordinance and its certification, together
with proof of posting, to be entered in the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of the City
Council held on December 1 , 1982, by the following vote:
Ayes: Councilmembers Case, Krings, Martin, Smith and Mayor Murphy
Noes: None
Absent: None
_ )24
MAYOR /
ATTEST:
CITY CLERK
3.
000369
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
i . g
Ad r71 v0/
, /a4 i t . ,<'-17"T 4-■
ITY ATTORNEY CITY MANAGER
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
NO. 1 if WAS DULY ADOPTED BY THE CITY COUNCIL
OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A
MEETING THEREOF HELD ON THE I °-" DAY OF
198 2, AND THAT SAME WAS POSTED IN AT LEAST THE THREE
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
CITY COUNCIL.
47) .4/1 /4'. 61)-)-
CITY CLERK
4.
000370