HomeMy WebLinkAbout07-10 CC Ordinance
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ORDINANCE NO. 07 -10
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA AMENDING SECTIONS
8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA
MUNICIPAL CODE PERTAINING TO SMOKING
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 8.36.020 of the Temecula Municipal Code is hereby amended
to read as follows:
"8.36.020. Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
"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.
"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.
"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, 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 50% 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
75% 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 (3000) square
,
feet or more is not enclosed, such as, for example, a field in an open-air arena.
"Nonprofit Entity" means any entity that meets the requirements of Section 5003
of the California Corporations Code as well as any corporation, unincorporated
association, or other entity created for charitable, religious, philanthropic, educational,
political, social, or similar purposes, the net proceeds of which are committed to the
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promotion of the objectives or purposes of the entity and not to private gain. A public
agency is not a nonprofit entity within the meaning of this section.
"Park" means any community park, neighborhood park, special use, or any other
recreational facility maintained by the City of Temecula.
"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.
"Playground" means any park or recreational area designed in part to be used by
children that has play or sports equipment installed or has been designated or
landscaped for play or sports activities, or any similar facility located on public or private
school grounds, or on City grounds.
"Public Place" means any place, public or private, open to the general public
regardless of any fee or age requirement; including, for example, bars, restaurants,
clubs, stores, shopping centers, stadiums, parks, playgrounds, taxis, and buses.
"Public Plaza" means any unenclosed public place other than a sidewalk that is
paved and permanently set aside for pedestrian use; including, for example, courtyards,
plazas, and promenades.
"Reasonable Distance" means a distance of twenty-five (25) 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 non-smoking areas.
"Recreational Area" means any area, public or private, open to the public for
recreational purposes regardless of any fee requirement, including, for example, parks,
gardens, sporting facilities, stadiums, and playgrounds.
"Service Area" means any area designed to be or regularly used by one or more
persons to receive or wait to receive a service, enter a public place, or make a
transaction whether or not such service includes the exchange of money; including, for
example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket
lines, bus stops, and cab stands.
"Significant Tobacco Retailer" means any tobacco retailer that derives seventy-
five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco
products and tobacco paraphernalia.
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"Smoking" or to "Smoke" means holding or possessing a lighted tobacco product
or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted
cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of
which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia,
or any other weed or plant the smoke of which is commonly inhaled."
Section 2. Section 8.36.030 of the Temecula Municipal Code is hereby amended
to read as follows:
"8.36.030. Prohibition of Smoking in Public Places, Places of Employment,
and Other Areas.
A. Enclosed Places. Smoking is prohibited in the following enclosed places
except in places listed in subsection 8.36.030(C) below, and except in such places in
which smoking is already prohibited by State or Federal law:
1. Public Places;
2. Places of Employment;
3. Enclosed areas that are adjacent to an enclosed area in which
smoking is prohibited by any other provision of this Chapter, State law, or Federal law
and have a common or shared air space; such as, without limitation, openings, cracks,
air ventilation systems, doorways, hallways, and stairways. For these purposes, the
fact that smoke enters one enclosed area from another enclosed area is conclusive
proof that the areas share a common or shared air space;
4. Enclosed areas that have common or shared ventilation, air
conditioning, or heating system with an enclosed area in which smoking is prohibited.
Notwithstanding any other provision, the fact that smoke enters one enclosed area from
another enclosed area is conclusive proof that the areas share a common or shared air
space.
B. Unenclosed Places. Smoking is prohibited in the following unenclosed
places except in places listed in subsection 8.36.030(C) below, 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: '
1. Places of Employment;
2. Service Areas;
3. Dining Areas;
4. Parks, Playgrounds, and Recreational areas;
5.
Ticket, Boarding, and Waiting Areas of Transit Depots;
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6. Public Plazas; and
7. The sites of public events including, for example, sports events,
entertainment, artistic or speaking performances, ceremonies, pageants, and fairs,
provided however that this prohibition shall not prevent the establishment of a separate,
designated smoking area set apart from and no larger than the primary event area.
C.
locations:
Unless otherwise prohibited by law, smoking is permitted in the following
1. Significant tobacco retailers, if minors are prohibited at all times
from entering the store;
2. By performers during theatrical productions, if smoking is a part of
the theatrical production;
3. Private residential property, except when designated as non-
smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care
facility subject to licensing requirements and children, patients, or employees are
present;
4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if
the hotel or motel permanently designates particular guest rooms as nonsmoking rooms
such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays
and matches are permanently removed from such nonsmoking rooms. Permanent "no
smoking" signage shall be posted in nonsmoking rooms;
5. Outdoor dining areas of businesses operating under an on-sale
license for public premises issued by the California Department of Alcoholic Beverage
Control."
Section 3. Section 17.30.020 of the Temecula Municipal Code is hereby
amended to read as follows:
"17.30.020. Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
"Landlord" means any person who owns real property that is leased as
residential property, lets residential property, or manages such property, except that
"Landlord" does not include sublessors;
"Multi-Unit Residence" means a Premises leased as residential property and that
contains two (2) or more units, none of which are occupied by a Landlord of the
Premises;
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-- ~..~."-
"Multi-Unit Residence Common Area" means any indoor or outdoor area of a
Multi-Unit Residence accessible to and usable by residents of different units; including
but not limited to halls and paths, lobbies, laundry rooms, common cooking areas,
outdoor eating areas, play areas, swimming pools, and parking areas;
"Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity;
"Premises" means a piece of land and any improvements thereon such as is
usually described in a deed, deed of trust or mortgage, and includes legally separate
but contiguous pieces of land that are owned by the same natural person or by legal
persons under common control;
"Reasonable Distance" means a distance of twenty-five (25) feet in any direction
from an area in which smoking is prohibited. This distance should be reasonably
sufficient to make it unlikely that secondhand smoke will enter non-smoking areas;
"Smoking" or to "Smoke" means holding or possessing a lighted tobacco product
or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted
cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of
which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia,
or any other weed or plant the smoke of which is commonly inhaled;
"Unit" means either a dwelling space consisting of essentially complete
independent living facilities for one or more persons, including, for example, permanent
provisions for living and sleeping, and any private outdoor spaces like balconies and
patios; or senior citizen housing and single room occupancy hotels, as defined in
California Health and Safety Code section 50519(b)(1), even where lacking private
cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel
or motel that meets the requirements set forth in California Civil Code Section
1940(b)(2)."
Section 4. The City Council of the City of Temecula, as the legislative body of
the City, makes the following findings in support of the immediate adoption and
application of this ordinance as any urgency ordinance regulating smoking within the
City of Temecula. Tobacco use and exposure to secondhand smoke cause death and
disease and impose great social and economic costs. The City of Temecula adopted
Ordinances 07-04 and 07-05 on May 8, 2007 to respectively regulate smoking in multi-
unit residences and certain public places. Due to staff errors, certain amendments to
Ordinances 07-04 and 07-05 were omitted from the final published versions. The
amendments to the Temecula Municipal Code contained in this ordinance are therefore
necessary to immediately correct these errors and to protect the public health from the
dangers of secondhand smoke in accordance with the original intent of the City Council.
Section 5. This ordinance is adopted as an urgency ordinance pursuant to the
provisions of Government Code Sections 36934 and 36937 and shall be effective
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immediately upon its adoption. Based upon the findings set forth Section 4 of this
Ordinance, the City Council finds and determines that the adoption of this ordinance as
an urgency ordinance is necessary for the immediate preservation of the public peace,
health or safety pursuant to the requirements of Government Code Sections 36934 and
36937.
Section 6. Environmental Finding. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA"). To the extent that the Ordinance applies to Places of Employment, it
regulates working conditions by ensuring that employees and volunteers are not
exposed to the harmful effects of second-hand smoke and is therefore categorically
exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section
15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14
of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with
certainty that there is no possibility that the Ordinance may have a significant effect on
the environment. The Ordinance will have no adverse environmental affects because it
will reduce the public's exposure to the harmful effects of second-hand smoke.
Section 7. If any sentence, 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 provisions of this ordinance. The City Council hereby declares that it
would have passed this ordinance and each sentence, clause or phrase thereof
irrespective of the fact that anyone or more sentence, clauses or phrases be declared
unconstitutional or otherwise invalid.
Section 8. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published in the manner
required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 24th day of July, 2007.
(
ATTEST:
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07-10 was duly adopted and passed as an urgency
ordinance at a regular meeting of the City Council on the 24th day of July, 2007 by the
following vote, to wit:
AYES: 5
COUNCIL MEMBERS:
NOES: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT: 0
ABSTAIN: 0
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Comerchero, Edwards, Naggar, Roberts,
Washington
None
None
None
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W. Jones, MMC
City Clerk
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