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Home My WebLink About826 - OrdinancesORDINANCE NO. 826 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SMOKING REGULATIONS The City Council of the City of Rancho Cucamonga hereby ordains as follows: WHEREAS, as part of the Legislature's efforts to protect the public from the harmful effects of secondhand smoke, State law prohibits smoking within various public and semi-public places; WHEREAS, with some exception, State law expressly provides cities with authority to further regulate smoking in public and semi-public places, in order to decrease the exposure of residents and non-residents to secondhand smoke; WHEREAS, the City Council approved a "No Smoking Ordinance" by adoption of Ordinance No. 384A, and further amended such Ordinance, by Ordinance No. 786. The current "No Smoking Ordinance," contained in Chapter 8.21 (Smoking Regulated or Prohibited), prohibits smoking within various locations throughout the City of Rancho Cucamonga; WHEREAS, the City Council, in its continuing effort to protect the public health, safety and general welfare of residents within the City, wishes to further restrict smoking throughout the City of Rancho Cucamonga, as permitted by law. Section 1. Section 8.21.020 (Definitions) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to add the following definitions, in alphabetical order: "'Service line' means an area where one or more persons are entering or waiting to enter into a transaction for goods and/or services, regardless of whether such transaction involves the exchange of money, or whether persons are standing or seated, and includes, but is not limited to, areas surrounding the following locations: Informational kiosks, automated teller machines (ATMs), theaters, restaurants, banks, vending machines, and food, beverage or merchandise stands. 'Service line' does not include any area in which smoking is prohibited by State law, thereby precluding the City of Rancho Cucamonga from regulating smoking in that area." "'Transit station' means a transit stop and, includes, but is not limited to, multi- modal platforms, sidewalks, shelters, benches, and other areas where persons wait for trains, buses, taxis, or other public transit, and includes ancillary areas such as restrooms, pedestrian paths or walkways, bicycle parking areas and kiosks. 'Transit stations' does not include any area in which smoking is prohibited by State law, thereby precluding the City of Rancho Cucamonga from regulating smoking in that area." Section 2. Section 8.21.075 of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby added to read: "8.21.075 Smoking Prohibited-Transit Stations. Smoking is prohibited and is unlawful within twenty (20) feet of any transit station located within the City." Section 3. Section 8.21.080 (Smoking prohibited-Indoor service lines) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read: "8.21.080 Smoking Prohibited-Indoor service lines. Smoking is prohibited and is unlawful within indoor service lines. Section 4. Section 8.21.085 of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby added to read: "8.21.085 Smoking Prohibited-Outdoor service lines. Smoking is prohibited and is unlawful within twenty (20) feet of outdoor service lines." Section 5. Section 8.21.130 (Smoking prohibited-Retail Stores) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read: "8.21.130 Smoking prohibited-Retail stores. Smoking is prohibited and is unlawful within all areas of all indoor retail stores." Section 6. Section 8.21.140 (Smoking prohibited-Banks and other financial institutions) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read: "8.21.140 Smoking prohibited-Banks and other financial institutions. Smoking is prohibited and is unlawful within all areas of banks and financial institutions." Section 7. Section 8.21.150 (Smoking prohibited-Public buildings and structures) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read: 8.21.150 Smoking prohibited-public buildings and structures. Smoking is prohibited and is unlawful within all areas of all public buildings and structures." Ordinance No. 826 -Page 2 of 5 Section 8. Section 8.21.160 (Smoking prohibited-Posting of signs required) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read: " 8.21.160 Posting of signs required. Except as otherwise provided herein, wherever in this chapter smoking is prohibited, signs containing all capital letters not less than one inch in height and containing at least the words, "Smoking Prohibited," 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) on a contrasting background, shall be clearly, conspicuously and sufficiently posted such that the manner and quantity of posting is reasonably likely to inform individuals occupying such room, building or other place that smoking is prohibited. It is the duty of the owner, operator, manager, or other person having control of such room, building or other place where smoking is prohibited, to post such signs or cause such signs to be posted, and maintain such signs in good condition." Section 9: Section 8.21.180 (Penalties) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby amended to read: "8.21.180 Penalties. A. It is unlawful to fail to post the signs required by this chapter, or to willfully mutilate or destroy any signs required by this chapter. B. It is unlawful for any person to smoke in any area posted as a nonsmoking area. C. It is unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter, or to permit or allow any other person to smoke in any area posted as a nonsmoking area. D. It is unlawful for any person, firm, partnership or corporation to violate any provision or fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: 1. A fine not exceeding one hundred dollars for a first violation; 2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; 3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. E. Every such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation and shall be deemed punishable thereof as provided in this chapter. Ordinance No. 826 -Page 3 of 5 F. A violation of any provision of this chapter is an infraction, which is punishable as provided in Section 1.12.030 of this code." Section 10. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections hereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause and phrase hereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases be declared invalid. Section 11. The City Clerk shall certify to the passage and adoption of this Ordinance and to cause this Ordinance to be published as required by law. Please see fhe following page /or /ormal atlopiion, cert//ication and s/gnafures Ordinance No. 826 -Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 17'" day of March 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None jv- J. Kurth, MAD., Mayor ATTEST: r nice C. Reynolds, City~lerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 3rd day of March 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 17`h day of March 2010. Executed this 18`h day of March 2010, at Rancho Cucamonga, California. ~` / ice C. Reynolds, City Ci erk Ordinance No. 826 -Page 5 of 5