HomeMy WebLinkAbout71.139 ORDINANCE NO. 71-139
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS
7-35.030, 7-35.040, 7-35.050,7-35.060!735.070,
735.080, 7-35.090 AND ADDING SECTION 7-35.100
OF THE CITY CODE CONCERNING SMOKING IN CERTAIN
PLACES WITHIN THE CITY
The City Council Of the City of Saratoga hereby ordains
as follows:
SECTION 1: Paragraph (a) of Section 7-35.030 in Article 7-35
of the City Code is amended to read as follows:
"(a) Restaurants. Smoking is prohibited in all interior
restaurant spaces. Smoking in outdoor seating areas is not
prohibited by this section."
SECTION 2: Paragraph (c) of Section 7-35.030 in Article 7-35
of the City Code is amended to read as follows:
"(c) Health care facilities. Smoking is prohibited in all
areas open to the public, including lobbies, waiting rooms and
hallways, within any public or private hospital, clinic,
medical office, nursing or convalescent home or other health
care facility. If the facility contains a cafeteria or other
form of restaurant, as defined in Section 7-35.020(e), such
restaurant shall comply with the regulations set forth in
Paragraph (a) of this Section. Smoking is further prohibited
in any room occupied by two or more patients of a health care
facility described herein, unless all patients within the room
are smokers and request in writing upon the health care
facility's admission forms to be placed in a room where
smoking is permitted."
SECTION 3: Paragraph (e) of Section 7-35.030 in Article 7-35
of the City Code is amended to read as follows:
"(e) Public lobbies and hallways. Smoking is prohibited in
lobbies, hallways and other enclosed areas of City owned or
controlled buildings which are open to the public."
SECTION 4: Paragraph (f) of Section 7-35.030 in Article 7-35
of the City Code is amended to read as follows:
"(f) Theaters and auditorinm~. Smoking is prohibited within
all parts of any building which is used primarily for
exhibiting any motion picture, stage drama, performance or
other similar performance, which parts are open to the public,
and within any room, hall or auditorium that is occasionally
used for exhibiting any motion picture, stage drama, dance,
musical performance, or other similar performance during the
time that said room, hall or auditorium is open to the public
for such exhibition; provided, however, that smoking is
permitted on a stage when such smoking is part of a stage
production."
SECTION 5: Paragrap~ (g) of Section 7-35.030 in Article 7-35
of the City Code is amended to read as follows:
"(g) Museums, libraries and galleries. Smoking is prohibited
in all areas of museums, libraries, and galleries which are
open to the public."
SECTION 6: Paragraph (h) of Section 7-35.030 in Article 7~35
of the City Code is amended to read as follows:
"(h) Hotels and motels. Smoking is prohibited in all areas
except as permitted in Section 7-35.050."
SECTION 7: Section 7-35.040 in Article 7-35 of the City Code
is amended to read as follows:
"7-35.040 Regulation of Smoking in the Workplace
a) Within ninety (90) days of the effective date of this ordinance,
each employer having an enclosed place of employment located within
the City of Saratoga shall adopt, implement, make known and
maintain a written smoking policy which shall contain the following
requirements:
smoking shall be prohibited in all enclosed facilities within
a place of employment without exception. This includes common
work areas, auditoriums, classrooms. conference and meeting
rooms, private offices, elevators, hallways, medical
facilities, cafeterias, employee lounges, stairs, restrooms,
locker rooms, dressing areas, and all other enclosed
facilities.
b) All employers shall supply a written copy of the Smoking Policy
to all employees.
c). Places of employment exempt from the prohibition of-smoking in
Section 7-35.050 of this ordinance shall also be exempt from this
secti6n."
SECTION"8: Paragraph (a) of Secti6n 7-35.050 in Article 7-35
of the City Code is amended to read as follows:
"(a) Smoking is not prohibited within any of the following places:
1) Bars Which are physically separated from other uses and
which have a separate heating, ventilation and air
conditioning system regardless of whether they also serve as
a place of employment.
2) Retail tobacco stores regardless of whether they also serve
as a place of employment.
3) An entire room or hall which is owned and operated as a
2private club regardless of whether they also serve as a place
of employment.
4) Hotel and Motel rooms rented to guests.
5) Any areas not generally open to the public, except as
otherwise provide~ in Section 7-35.040 which includes, for
example, a private office that serves as a place of employment
for individuals other than the owner.
6) Private residences except where state law prohibits smoking
as, for example, during the provision of child care.
7) Any portion of a place of employment that is not enclosed.
8) Vehicles except for city-owned vehicles.
9) An enclosed place of employment that is not accessible to
the public, which employs only the owner and no other
employee, provided that the enclosed place of employment does
not share a ventilation system with any other enclosed place
of employment or public place."
SECTION 9: Section 7-35.060 in Article 7-35 of the City Code
' is amended to read as follows:
"7-35.060 Tobacco Samples and rending Machines Prohibited
a) No cigarette or other tobacco product may be sold, offered for
sale, or distributed by .or from a vending machine or other
appliance, or any other device designed or used for vending
purposes.
b) No person shall knowingly distribute or furnish without charge,
or cause to be furnished without charge to the general public,
cigarettes or other tobacco products, or coupons for cigarettes or
other tobacco products, at any event open to the public, or in any
public place including but not limited to, any right-of-way, mall
or shopping center, park, playground, and.any other property owned
by the city, any school district, or any park district, except in
retail tobacco stores."
SECTION 10: Section 7-35.060 in Article 7-35 of the City Code
is renumbered and amended to read as follows:
"7-35.070 Posting of Signs
a) "Smoking" or "No Smoking" signs whichever may be applicable,
with letters of not less than two inches in height or the
international "No Smoking"symbol (consisting of a pictorial
representation of a burning cigarette enclosed by a red circle with
a red bar across it) shall be clearly, sufficiently and
conspicuously posted in every room, building or other place where
smoking is regulated by this Article.
b) Any ashtray located in a non-smoking area must have a sign
conspicuously posted within one foot of the ashtray with letters of
not less than two inches in height stating "Smoking Prohibited-
Extinguish Here," or language with equivalent meaning.
c) It shall be the responsibility of the owner, operator manager or
other person who controls the use of any place where smoking is
regulated by this Article to post he signsby this Section."
SECTION 11: Section 7-35.070 in Article 7-35 of the City Code
is renumbered and amended to read as follows:
"7-35.080. Unlawful acts.
a) Itshall be unlawful for any person to smoke in a place where
smoking is prohibited pursuant to this Article.
b) It shall be unlawful for any persons who owns, operates, manages
or controls the use of any place where 'smoking is prohibited or
regulated under this Article to fail to properly set aside required
"no smoking" areas; to properly post any signs required by Section
7-35.070; to adopt a smoking restriction policy, or to comply with
any other requirement of this Article."
SECTION 12: Section 7-35.080 in Article 7-35 of the City Code
is renumbered and amended to read as follows:
"7-35.090 Enforcement
The City. Manger, or his designee is authorized to enforce the
provisions of this Article. Any owner, operator, manager,
employee, guest or customer of any establishment regulated by this
Article shall have the right to inform persons violating this
Article of the appropriate provisions contained herein."
SECTION 13: Section 7-35.100 in Article 7-35 of the City Code
is renumbered and reads as follows:
"7-35.100 Violations
The violation Of any provision contained in this Article shall
constitute an infraction and a public nuisance, subject to the
penalties as set forth in Chapter 3 of this Code."
SECTION 14: If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held by
a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect
the validity of the remaining portions of this
Ordinance. The City Council of the City of
Saratoga hereby declares that it would have passed
this Ordinance and each section, subsection,
sentence, clause and phrase thereof, irrespective
of the fact that one or more sections, subsections,
sentences, clauses or phrases may be held invalid
or unconstitutional.
SECTION 15: This ordinance shall be in full force and effect
thirty days after its passage and adoption.
The above and foregoing Ordinance was regularly introduced and
after the waiting time required by law, was thereafter passed and
adopted at a regular meeting of the City Council of the .City of
Saratoga held on the l_~6t.h day of June, 1994, by the following vote:
AYES: Councilmembers Anderson, Burger, Kohler, and Mayor Tucker
NOES: None
ABSENT: C0uncilmember M0nia
..... - -;;. .....
the above and foregoing ,s a tru~ &(~d correct
copy of Ordinance"/I-/-~f which has been
published according to law.
Deputy City Clerk / Date