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HomeMy WebLinkAboutOrdinance 235 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 235 adopted by the Atascadero City Council at a regular meeting thereof held on December 10, 1991 and that it has been duly published pursuant to State Law. DATED: December 18, 1991 LEE RABOIN City Clerk City of Atascadero, California ORDINANCE NO. 235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING AMENDING TITLE 6, CHAPTER 61 OF THE ATASCADERO MUNICIPAL CODE REGULATING SMOKING WHEREAS, Title 6, Chapter 6 of the Municipal Code of the City of Atascadero was adopted in 1982; and WHEREAS, since the adoption of Title 6, Chapter 6, significant new findings regarding the impacts of smoking and breathing side- stream or secondhand smoke have been issued by the Surgeon General of the United States; and WHEREAS, it is in the interest of the public health, safety and general welfare of the residents and visitors of the City to protect them from the impacts of breathing sidestream or secondhand smoke in facilities owned, managed and operated by the City of Atascadero. NOW, THEREFORE, the City Council of the City of Atascadero does hereby ordain that Chapter 6 of Title 6 of the Municipal Code shall be amended, as follows: Section 1. Ordinance Text 1. A new Section 6-6.01 shall be added which shall read as follows: "Sec. 6-6.01 Findings. Whereas the Surgeon General of the United States has determined and the City Council does hereby find that: (a) Smoking tobacco is a proven danger to the health of human beings; and (b) Breathing sidestream or secondhand smoke is a sig- nificant health hazard for certain population groups including, without limitation, elderly people, those with cardiovascular disease or impaired respiratory functions, asthmatics and those with obstructed air passages; and (c) Tobacco smoke is a major contributor to indoor air pollution; and (d) The Surgeon General's report on involuntary smoking states that there are proven health hazards from involun- tary smoking by non-smokers. Ordinance No. 235 Page 2 2. Section 6-6.01 of the existing Title 6, Chapter 6 shall be renumbered and shall be Section 6-6.02, as amended. The existing language in former Section 6-6.01 shall be numbered as subsection (a) of the new Section 6-6.02 and the following language shall be added to Section 6-6.02, as subsection (b) : " (b) For the purposes of protecting the health and wel- fare of the public from sidestream or secondhand smoke in publicly owned, operated, managed and leased facilities, it is necessary to specifically prohibit smoking, as defined herein, inside all buildings, structures and indoor facilities owned, operated, leased or managed by the City which are used by or open to the public. " 3. Section 6-6.02 of the existing Title 6, Chapter 6 shall be amended by deleting the existing subsection (b) and inserting in its place the following: " (b) Smoking as used herein shall mean the inhaling, exhaling, burning or carrying of any ignited pipe, cigar or cigarette or any other combustible sub- stance or substances, including, without limitation tobacco, which are used for the purposes of inhal- ing or exhaling the smoke therefrom. " and said Section 6-6.02, as amended, shall be renumbered and shall be Section 6-6.03. 4. Section 6-6.03 of the existing Title 6, Chapter 6, shall be amended by deleting former Section 6-6.03(c) and inserting the following in its place: "(c) Within all buildings, structures and indoor facili- ties owned, operated, leased or managed by the City and which are used by or open to the public, in- cluding, without limitation, public transportation, enclosed areas occupied by City staff, open office areas, shared offices, private offices, hallways, rest rooms, escalators, elevators, stairways, lob- bies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on- site cafeterias, lunchrooms, lounges and any facility, school or educational institution being used by the City for the purpose of providing classroom instruction, including, without limita- tion, instruction for technical or substantive Ordinance No. 235 Page 3 training or for instruction in dancing, art, musi- cal or other cultural skills. " and said Section 6-6.03, as amended, shall be renumbered and shall be Section 6-6.04. 5. Section 6-6.04 of the existing Title 6, Chapter 6 shall be deleted and in its place shall be inserted Section 6- 6.05, which shall read as follows: "Sec. 6-6.05 Posting of Signs. Signs which designate the "no smoking" areas designated by this Chapter shall be conspicuously posted in every room, building, facility or other place so designated by this Chapter. The manner of such posting shall be at the discretion of the City Manager and/or his designee. The City Manager and/or his designee shall determine the manner for posting such signs on the basis of clarity, sufficiency and conspicuousness are apparent in communi- cating the intent of this Chapter." 6. Section 6-6.05 of the existing Title 6, Chapter 6 shall be deleted and its place shall be inserted Section 6-6.06 which shall read as follows: "Sec. 6-6.06 The City Manager and/or his designee and/or the ordinance enforcement officer shall have authority to enforce the provisions of this Code. " 7. Section 6-6.06 of the existing Title 6, Chapter 6 shall be renumbered and shall be Section 6-6.07. Section 2. Publication The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and cir- culated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3, Lffective Date This ordinance shall go into effect in full force at 12:01 a.m. on the 31st day after its passage. Ordinance No. 235 Page 4 On motion by Councilperson Dexter and seconded by Council- person Borgeson , the foregoing Ordinance is approved by the following roll-call vote: AYES: Councilmembers Borgeson, Dexter, Lilley and Mayor Shiers NOES: None ABSENT: Councilman Nimmo ADOPTED: 1210/91 CITY OF ATASCADERO ATTEST: By: d:U::Lj.Z ALDEN SHIERS, Mayor LEE RABOIN City Clerk By Cindy Wilkins, Deputy APPROVED AS TO FORM: ARTHEN, R. MONT DON, ity Attorney x