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HomeMy WebLinkAbout384 - Ordinances (2)ORDINANCE NO. 384A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 8.21 PERTAINING TO THE REGULATION OR PROHIBITION OF SMOKING AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section 1. Section 8.21.010 (Purpose and findings) 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 as follows: "The City Council finds that the smoking and use of tobacco, or any other weed or plant, is a medically documented danger to health and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, and in order to preserve public health, safety and welfare, the declared purpose of this chapter is to regulate the smoking of tobacco, or any weed or plant, within the city and public places." Section 2. 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 read as follows: "For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: A. "City facility" shall mean any enclosed structure owned, leased or operated by the city of Rancho Cucamonga, and used by the city for governmental operations and activities. B. "Restaurant" shall mean any dinner house, coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and any other establishment where cooked or otherwise prepared food is sold to the general public, and where seating for consumption is available on the premises." C. "Smoke" or "smoking" shall mean the carrying or holding of a lighted pipe, cigar, cigarette or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette or other kind of smoking equipment. "Smoke" also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette or other kind of smoking equipment." Section 3. Section 8.21.040 (Smoking prohibited--Hospitals, health care and child care facilities) 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 as follows: "A. Smoking is prohibited and is unlawful in public areas of health care facilities and hospitals, as defined in Health and Safety Code Section 1250, including patient rooms, waiting rooms, public hallways and lobbies. Ordinance No. 384A Page 2 of 5 B. Signs reading "STAFF AND VISITOR SMOKING PROHIBITED" shall be conspicuously posted in public areas of health care facilities and hospitals. C. Smoking is prohibited and is unlawful in public areas of childcare facilities." Section 4. Section 8.21.050 (Smoking prohibited--Meeting and conference rooms) 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 as follows: "Except as hereina~er provided, smoking is prohibited and is unlawful in enclosed hearing rooms, conference rooms, chambers, and all other enclosed places of public assembly." Section 5. Section 8.21.090 (Smoking prohibited--Eating establishments) 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 as follows: "8.21.090 Smokincl i~rohibited-restaurants and bars. Smoking is prohibited and unlawful in the enclosed portions of every restaurant and bar, whether publicly or privately owned, including, but not limited to, lobbies, waiting areas, restrooms, and dining areas of the restaurants and bars." Section 6. Section 8.21.110 (Smoking prohibited--Indoor office and lobby areas) 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 as follows: "Smoking is prohibited and is unlawful in all indoor lobbies, reception and/or office areas open to the public." Section 7. Section 8.21.120 (Smoking prohibitedo-Retail food marketing establishments) 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 as follows: "Smoking is prohibited and is unlawful in an retail food marketing establishments including grocery stores and supermarkets." Section 8. 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 as follows: "Smoking is prohibited and is unlawful in all indoor retail stores in all areas." Section 9. 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 as follows: Ordinance No. 384A Page 3 of 5 "Smoking is prohibited and is unlawful within banks and other financial institutions in all areas." Section 10. 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 as follows: "Smoking is prohibited and is unlawful within all public buildings and structures in all areas." Section 11. Section 8.21.155 (Smoking prohibited--Entrances) is hereby added to Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code to read as follows: 8.21.155 Smokinq prohibited--Entrances. "A. Smoking shall be prohibited within an area measured twenty feet from the entrance of any City facility. B. Any retail, non-profit, or service related business owner may choose to prohibit smoking within twenty feet of the entrance of said business by conspicuously posting a no smoking sign at or near the entrance to the business. Said sign shall reference this ordinance and contain language similar to the following: "No smoking within twenty feet of the entrance, pursuant to RCMC Section 8.21.155." When posted in accordance with this provision, smoking within twenty feet of the entrance shall be prohibited. C. It shall be the responsibility of any person smoking outside to ensure that smoke does not enter any buildings through open windows or doors." Section 12. Findings and intent regarding Section 13 of this Ordinance pertaining to vendor assisted sales. "A. The City has a substantial interest in promoting compliance with State policy and law prohibiting the sales of tobacco products to minors. The purpose of Section 13 of this ordinance is to regulate the business of selling tobacco products in order to decrease the likelihood of illegal purchases of such products by minors. The City Council finds that local authority to enact regulations such as those set forth in Section 13 of this ordinance is supported by the case of Bravo Vending v. City of Rancho Mirage, 16 CaI.App.4th 383(1993). B. The City Council recognizes that Penal Code Section 308 preempts the field of penal aspects of the sale of cigarettes to minors. Section 13 of this Ordinance is not intended, and shall not be construed as, intruding into such preempted field." Section 13. Section 8.21.165 (Vendor Assisted Sales) is hereby added to Chapter 8.21 (Smoking Regulated or Prohibited) to read as follows: Ordinance No. 384A Page 4 of 5 "8.21.165. Vendor Assisted Sales. A. For purposes of this section, the following definitions shall apply: 1. "Retail tobacco store" shall mean a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. For purposes of this subsection, the term "primarily" shall mean that at least eighty percent (80%) of the square footage of the available retail floor and shelf space is devoted to the sale of tobacco and tobacco related products and accessories. 2. "Self-service display" shall mean the display of tobacco products in such manner that the products are accessible by the public without the intervention of the vendor. B. Except as hereinafter provided, it shall be unlawful in any business establishment to sell, dispense, permit to be sold or offer for sale any tobacco product by means other than vendor-assisted sales. This prohibition shall specifically preclude the selling, offering for sale, dispensing and displaying of tobacco products by self-service displays. Notwithstanding the foregoing, this prohibition shall not apply to retail tobacco stores and cigar lounges. C. No person shall sell, permit to be sold, or offer for sale any tobacco product to a buyer who reasonably appears to be less than 27 years of age unless such buyer has first presented photographic identification establishing that the buyer is not less than 18 years of age." D. Self-service displays in place as of the effective date of this ordinance in a location prohibited in paragraph B above shall be removed not later than September 1, 2001. Section 14. Section 8.21.180 (Exemptions) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) is hereby repealed. Section 15. Sections 8.21.190 (Penalties) and 8.21.200 (Civil remedies available) of Chapter 8.21 (Smoking Regulated or Prohibited) of Title 8 (Health and Safety) are hereby renumbered Section 8.21.180 and Section 8.21.190 respectively. Section 16. A new paragraph "D" is hereby added to 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 to read as follows: "D. 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 17. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court Ordinance No. 384A Page 5 of 5 of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. PASSED, APPROVED, AND ADOPTED this 7th day of March 2001. AYES: Alexander, Biane, Dutton, Curatalo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: I, DEBRA J. ADAMS, 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 21st day of February 2001, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of March 2001. Executed this 8th day of March 2001, at Rancho Cucamonga, California.