HomeMy WebLinkAbout02/07/1991 BAKERSFIELD
Patricia DeMond, Chair
Lynn Edwards
Patricia Smith
Staff:
Legislative:. Trudy Thornton
Litigation: Larry Lunardini
AGENDA
LEGISLATIVE AND LITIGATION
Thursday, February 7, 1991
12:00 noon
City Manager's Conference Room
LEGISLATIVE:
1. AIR QUALITY CONTROL
2. SB 169
LITIGATION:
1. VERA VS. THE CITY OF BAKERSFIELD
MEETING OF: /91
REFERRED TO: LEGISLATIVE & LITIGATION. COMMITTEE T THORNTON, R SHERF
Y
ITEM: RECORD~ 7420
Air quality control in work places, (DeHond)
ACTION TAKEN BY COUNCIL:
REFER ISSUE TO LEGISLATIVE & LITIGATION
COMHZTTEE.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 01/11/91
STATUS:
PLEASE ENTER THE STATUS INTO THE PRIME COHPUTER
COUNCIL REFERRAL TRACKING SYSTEH AS PROGRESS ZS HADE,
February 5, 1991
General Information
I. Referral and Overview of seleczea cities smoking policies
Fresno restaurants (no smoking) 50% of area
workplace rest areas (no smoking) 60% of area
San Jose eating establishments (.no smoking) 30% of a'rea
workplace rest areas (no smoking) 67'% of area
San Luis restaurants and bars (.no smoking) 100% of area
Obis~o workplace (as permitted)
Sacramento restaurants (no smoking) 50% 1990, 75% 1991, 100% 1992
workplace (as permitted)'
Santa public eating establishments (no smokng) any portion posted
Barbara workplace (no smoking except as
desi g nated)
Bakersfietd's policy deals with city buildings and vehicles. Attached are
copies of the City's no smoking poiicy of 1985 and Auditorium and Community
Services Committee report and the 1989 Budget and Finance Committee repor%
2. Senate 8ill 169: attached referral and League Bulletin of January 17,
1991 (Operation Budget Freedom.) .
(m0205912)
AUDITORIUM AND COMMUNITY SERVICES COMMITTEE
REPORT NO. 7-85
October 16, 1985
TO: HONORABLE MAYOR AND MEMBERS OF THE. CITY COUNCIL
SUBJECT: SMOKING POLICY
After many months of discussion r'egarding smoking, in the work
place, this committee is pleased to announce that a smoking policy for City
Hall has been finalized and is attached to this report.
Because smoking has been proven dangerous to the health not only
of'smokers but to those exposed to secondhand smoke, this committee has
been 'working with staff and the Service Employees International Union,
which represents employees of City Hall, on this proposed policy. In
effect, this policy will restrict all smoking in City Hall.
It will be the responsibility of management to provide smoke-free
areas for non-smokers and provide a designated smoking area in the
employees' lounge room.' No. smoking signs will be posted in City ~al.1 so
that they will be clearly visible to persons entering the'building and will
subject employees to disciplinary action if they violate this policy. All
applicants for vacant positions located in City Hall will be advised of
this smoking policy. The City Council has regulated smoking within the
Council Chambers and will be expected to establish its own rules in regards
to committee meetings.
Also attached to this report is a smoking survey which was con-
ducted at City Hall. As you can.see, the' non-smokers far exceed those people
-2-
who smoke. It was their opinion that smoking in the work place is an
employee/employer decision; therefore, th~s committee requested their
input prior to submitting this policy to the Council for final adoption.
We are now recommending Council approval of the attached smoking
policy.
Respectfully submitted,
Councilman J. M. "Chris" Christensen, Chair
Councilman James J. Childs
Councilman Mark Dickerson
SMOKING POLICY
The City Council of the City of Bakersfield does ordain as follows:
Because smoking of tobacco or any other weed or plant is a positive
danger to health and a material annoyance, inconvenience and a health
hazard to those who are present in confined spaces, and in order to
serve the health, safety and welfare of City employees and the public
who must have contact with them, the declared purpose of this policy
is to prohibit the smoking of tobacco or any other, weed or plant in City
Itall except in designated smoking areas.
"Smoking" means and includes the carrying of a lighted pipe, or
lighted cigfr, or lighted cigarette of any kind.
"City place of employment" means any enclosed area under the control
of City management which employees normally frequent during the course
of employment, including, but not limited to, work adeas, employee
lounges, conference rooms and employee lunch rooms.
Prohibitions - no person shall smoke in a City place of employment
except in smoking areas designated by management.
Smoking areas may be designated in City places of employment except
in public assembly rooms, meeting rooms, elevators or other places where
smoking is prohibited by the fire marshal or any other law, ordinance or
regulation. Where smoking areas are designated, existing physical bar-
riers and ventilation systems shall be used to minimize the effect of
smoke in adjacent non-smoking areas. It shall be the responsibility of
management to provide smoke-free areas for non-smokers within existing
Facilities to the maximum intent practicable, but the City is not expected
to incur any expense to make structural or other physical changes in
providing these areas.
Smoking areas are areas of common use, such as employee lounge
rooms, lunch rooms or break rooms with a capacity of 20 or more. Such
rooms may have a designated smoking area to be of proportionate size to
the number of smokers in the area.
"No smoking" signs shall be posted in City Hall so that the signs
are clearly visible to persons upon entering the building.
An employee who violates this policy by smoking in a posted "no smok-
ing'' area is subject to disciplinary action as outlined in the Adminis-
trative Rules and Regulations. All applicants for vacant positions
located in City Hall shall be advised of this smoking policy'.
BUDGET AND FINANCE COMMITTEE
REPORT NO. 3-89
March 1, 1989
TO: tIONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: SMOKING POLICY
The Budget and Finance Committee has been examining, smoki'ng~
practices within City facilities. The Comittee feels that a consistent
smoking policy should be adopted that covers all City facilities. This is
because smoking has been proven hazardous, to the health of not only
smokers, but to' those exposed to secondhand smoke. Since tire City pays the
majority of health care costs for the employee, it has a clear
responsibility to provide a healthy work environment.
The smoking issue has been to the City Counci'l in the past. in
October 1985,.the City Council established a smoking policy for tire City
llall buildings. At that time other City facilities also had policies
drafted, but there was little consistency among the different work sites
and facilities. After meeting with employee bargaining units and
management groups, this Committee proposes the following policy:
The City of Bakersfield is committed to providing a
smoke-free work environment. No person shall smoke
in a City vehicle; no person shall smoke in a City
place of employment' except in designated smoking
areas.
BUDGET AND FINANCE COMMITTEE
REPORT NO. 3-89
March 1, 1989
Page -2-
The Budget and Finance Committee requests Council acceptance of
this report and adoption of this .policy..
.Respectfully submitted,
Councilmember Donald K. Ratty, Chair
Councilmember James Henry Chi Ids
Counci lmember Kevin FlcDermott
RPT.129 and 129A:jp
BEFORE THE BOARD OF SUPERVISORS
COUNTY'OF KERN. STATE OF CALIFORNIA
91-062
In the nmtter ors Re.oAution Ho.
Reference No. 9193 05
REGULATION OF SMOKING IN COUNTY BUILDINGS
I, SUE LASITEE, Clerk of the Board of Su~etv£.ors of the County of
Kern, State of Ca~£fornia, do hereby certify that the following re~olutLon, on
motion of Supervisor Larwood , seconded'by Supervise=
Austin , was duly ~assed and adol~ted b¥ said Board of Supervi~or8 at
an officiaimeeting hereof this22nd day of January , ~991. by the
foLLewing vote, to-wit:
AYES: Ashburn, Austin, Larwood, Hettinger, Shell
NOES: None
ABSENT: None ~ SUE'LASITER
Clerk of the Board of Supervisors
County of Kern, State of California
SectiOn i. WHEREAS:
(a) The Surgeon General of the United States has
concluded that exposure to "second-hand" smoke by. nonsmokers
creates a health risk to nonsmokers; and
(b) County employees are entitled to work in an
environment that does not subject them to the health risk~
associated with second-hand smoke; and
(c) Individuals who choose not to smoke should be
able to enter County buildings and conduct their .business without
exposing themselves to the health risks associated with second-
hand smoke;
Section 2. NOW, THEREFORE,. BE IT RESOLVED,'that the Board
of Supervisors:of the-County of Kern, State of California, ~ereby
declares, and orders as-follows:
1. smoking Is the carrying, holding, possession or
smoking of a lighted pipe, cigar,.ctgarette, or'the lighting oE a
pipe, cigar or c/garette. ..'
2.' County Buildings are those structures or
portions of structures owned, leased or occupied by the County of
Kern, its officers~ employees, departments or agencies, or those
structures Or portions of structures'otherWise under the
jurisdiction and control of the County of Kern.
3. Smoking is prohibited in all Count~ Buildings
and vehicles except the following:
(a) County.'0wned residences;
'(b) County Buildings or portions of .cOunty
Buildings leased or licensed by the County to
others when the lease or license agreement
permits smoking or is silent with respect to
the County's smoking policy or complying with
County rules, regulations and policies.
4. Appropriate "No Smoking" signs shall be
conspicuously posted and maintained in all. County Buildings w~ere
smoking is prohibited'by the County Official in charge of the
building._
5. The head of'~ach County Department or Agency is
responsible for effecting and enforcing compliance with this No
Smoking Policy by employees of his or her Department or Agency.
6. This Resolution supercedes Resolution No. 86~
215.
7. The Clerk of this Board shall forWard a copy of
this Resolution to all County Departments and Agencies.
TC:drb/tc.mtc
smokplcy.res
AMENDED
· .~ '~!~
ADOPTED BY THE SACRAMENTO CITY COUNCIL
OCT 0 9 1990, C~TY MAI~!AG~'R'8 OFFICE
ON DATE OF
AN ORDINANCE AMENDING CHAPTER 37 OF THE
SACRAME~O CITY CODE, RELATING TO
SMOKING CONWROL
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO.'
SECTION 1.
Chapter 37 of the Sacramento City. Code is hereby amended to read as follows:
CHAPTER 37
Clean Indoor Air and Health Protection Ordinance
§ 37.01 Purposes.
The City Council hereby finds as follows: The U.S. Environmental Protection Agen%, (EPA) has
deterrained that tobacco smoke is a major source of indoor air pollution, and the Surgeon
General's 1986 report on the Health Consequences of Involuntary Smoking concludes that
exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung
cancer. Other health hazards of involuntary smoking include respiratory infection,
bronchoconstriction, and bronchospasm. While all members of the population are truly at
increased risk due to exposure to sidestream tobacco smoke, it constitutes a special health hazard
for children, the elderly and people with chronic lung disorders.
The Surgeon General labels smoking "the largest single preventable cause of death and disabili~,
for the U.S. population." ~
Employees subject to prolonged exposure to sidestream smoke in the workplace have been found
in scientifically conducted studies to experience a loss of job productivity and some have been
forced to take periodic sick leave because of reactions to second hand smoke. Furthermore,
studies have shown higher costs to the employer are associated with smoking in the workplace due
to increases in absenteeism, accidents, costs of medical care, loss of productivity, and cleaning and
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ORDINANCE NO.:
DATE ADOPTED: OCT 0 c)l~90
maintenance requirements. A recent scientific study has reported that sidestream smoke from
tobacco may cause a significant amount of cardiovascular disease in the United States and that the
number of deaths from this cause may exceed the deaths caused by lung disease associated with
sidestream smoke. Smoking in public places and workplaces is a major cause of fires and damage
to merchandise and equipment as well as costly maintenance and repairs 'to furniture and futures.
The health care costs produced by smoking-related ailments and diseases constitute a heavy and
avoidable financi~il drain on our community.
More than three-quarters of Sacramento residents are nonsmokers and the number of nonsmokers
is steadily increasing. Opinioh surveys show that a majority of both nonsmokers and smokers
favor restrictions on smoking in public places and places of employment.
A/r pollutiOn caused by smoking is an offensive annoyance and irritant. Smoking results in serious
and significant physical discomfort of nonsmokers and constitutes a public nuisance in public
places and workplaces.
§ 37.02 Authority.
This chapter is enacted.pursuant to the provisions of Section 25946 of the Health and Safe~ Code
for the purpose of restricting and regulating smoking in public places and ia' pla~6s of work in
order to reduce the hazards and nuisance which smoking causes to those who are involuntarily
exposed.
§'37.03 Definitions.
As used in this chapter, those terms identified in this section shall, unless the context indicates
otherwise, be ascribed the meaning contained herein.
(a) Bar.
The term "Bar" means an area which is'devoted to the serving of alcoholic beverages
for consumption on the premises, in which the serving of food, if any, is incidental
to the consumption of alcoholic drinks. The dining area of a restaurant utilized
primarily for the serving and. consumption of food shall not constitute 'a Bar, even
though alcoholic beverages may be served therein.
(b) Commercial Enterprise - Non-profit Entity - Person.
[Operators of Public Places]
The term "CommerCial Enterprise" means any business entity formed for profit
making purposes, iacluding professional corporations and other entities under which
legal, medical, dental, engineering, architectural, or other professional services are
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90-05-1.
ORDINANCE NO.:
Ol T 0 9 1990
DATE ADOPTED:
delivered, and also any person charged with the responsibility of controlling conduct
in behalf of the Enterprise upon any premises regulated by this chapter.
The term "Non-Profit Entity" shall mean any corporation, unincorporated association
or other entity created for charitable, philanthropic, educational, character building,
political, social or other similar purposes, the net proceeds from operations of which
are committed to promotion of the objects or purposes of the organization and not
to private gain, together with any person charged with the responsibility of
controlling conduct in behalf 'of the Entity upon any premises regulated by the
provisions of this chapter.
A public agency, is not a "Non-Profit Entity" within the meaning of this Section.
The term. "Person" means any natural person, partnership, corporation,
unincorporated association, joint venture, business trust, joint stock company, club,
or other organization of any kind, except the City of Sacramento or any other public
agency. ..
(c) Enclosed Area.
The term "Enclosed' Area" means all space between a floor arid ce'iling which is
served by a common heating, ventilating and air conditioning system and is enclosed
on all sides by solid wails or windows (exclusive of door or passageways) which
extend from the floor'to the ceiling, including all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping," or similar
structures.
(d) Members of the General Public.
The term "Members of the General Public" means shoppers, customers, patrons,
patients, students, clients and other similar invitees of a Commercial Enterprise or
.Non-Profit Enti~; and excludes employees thereof, sales representatiyes, service
repair persons and persons delivering goods, merchandise or serv/ces to a
Commercial Enterprise, Non-Profit Entity or the. City of .Sacramento.
(e) Office.
The term "office" means an area enclosed by walls containing a desk, table or similar
furnishings for clerical, administrative or supervisory work, a complex of such
enclosures and a building containing such enclosures, whether or not the building is
utilized primarily for other purposes such as retailing, wholesaling or storage, or
manufacturing, together with all hallways, stairways, elevators, escalators, restrooms,
lobbies, waiting rooms, reception areas, entry areas, and conference rooms within or
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FOR C rV cumK USE ONt.¥
ORDINANCE NO.: 9~)-'O~1
DATE ADOPTED:' 0ti' [} ¢)1990
associated with the complex of such enclosures, including: (i) legal, medical, dental,
engineering, accounting, counseling and other professional offices; (ii) insurance, real
estate, ticket, collection agency, and other offices where business services are offered
to or goods or services are offered to or may be ordered by or may. be paid for by
Members of the General Public; and (iii) offices to which Members of the General
Public are admitted in order to promote the objects or purposes of the Non-Profit
Entities.
(f) Restaurant.
The term "Restaurant" means any coffee shop, cafeteria, luncheonette, soda fountain,
fast food service and other establishment where cooked or otherwise prepared food
is sold to Members of the General Public for consumption on the premises. The
term does not include a cafeteria or lunchroom defined as a "workplace" 'by
subparagraph (3) of subsection (i), whether or not Members of the General Public
incidentally frequent the facility..
(g) Smoking.
The term "Smoking" means lighting, inhaling, exhaling or burning any pipe, cigar,
cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette,
lighted weed, lighted plant or other ignited combustible substance in any manner or
in any form.
(h) Tobacco Store.
The term 'Tobacco Store" means a place utilized primarily for the sale to Members
of the General Public at retail of tobacco products or accessories and in which the
sale of any other products is merely incidental.
(i) Workplace.
The term "Workplace" means any enclosed area which is occupied by two or more
employees of a Commercial Enterprise, Non-Profit Entity. or the City of Sacramento
including but not limited to places: ·
(1) Utilized for: (i) the manufacturing, processing, assembly, maintenance
or repair of any products, goods, equipment, tools, appliances, furnishings or
other object; or (ii) the physical storage for purposes of wholesaling, future
utilization for operational purposes, or future transfer preceding consumption
or other utilizatipn of any products, goods, merchandise, materials, supplies,
equipment, tools, appliances or furnishings;
4
FOR CITY CLERK USE ONLY
90-0 1
ORDINANCE NO.:
DATE ADOPTED: 00T 0 9 1990
(2) Utilized or operated for a purpose described by sections 37.05 through
37.19 and from which Membersof the General Public are excluded;
(3) L~tilized as a union hall, cafeteria, lounge, lunchroom, restroom,
conference room, training room, lecture room or classroom Primarily for the
use or benefit of employees.
Notwithstanding the provisions of this definition, a private residence including either an attached
or detached garage shall not constitute a workplace, except when the residence serves as a licensed
day care facility for children.
§ 37.04 Smoking Prohibitions, Public Places.
Except as otherwise provided in this chapter, it.is unlawful for any Member of the General Public
or any other person including an employee to smoke in the Public Places named and described
in sections 37.05 through 37.19 and other Public Places similarly situated, including 'but not limited
to the following Enclosed Areas:
a. Common work areas occupied by employees performing clerical, technical,
administrative or other business or work functions;
b. Merchandise display areas, checkout stations, and counters and other pay stations;
c. Hallways;
d. Restroorns;
e. ' Escalators, elevators and stairways;
f. Lobbies;
Reception areas;
h. Waiting rooms;
i. Service lines;
j. Classrooms, meeting or conference rooms, or lecture halls; and
k. Other places in which Members of the General Public congregate for service or
otherwise frequent.
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FOR CITY CLERK USE ONLY
90-O5'1'
ORDINANCE NO.:
DATE ADOPTED: OCT 0 9 19[}0
§ 37.05 Stores.
The prohibitions contained in section 37.04 above shall be. applicable to: (i) the enclosed common
areas of Shopping Mails; (ii) automobile dealerships, furr~iture or other showrooms for the display
of merchandise offered for sale at retail; (iii) gi'ocery, specialty, department and other stores which
sell goods or merchandise at retail, and (iv) service stations, stores or shops for the repair or
maintenance of appliances, shoes, or motor vehicles, barbershops, beauty shops, cleaners and
laundromats, video game, pool hall and other amusement centers, and other similar establishments
offering services or products to Members of the General Public.
§ 37.06 Banks.
The prohibitions contained in section 37.04 shall be applicable to banks, including savings and loan
associations, credit unions and other similar institutions which offer financial services to Members
of the General Public.
§ 37.07 Hotels/Motels. .'
The prohibitions contained in Section 37.04 shall be applicable to hotels and motels in which
guests typically rent lodging for continuous periods less than thirty, days. Smo 'king is permissible
in rental rooms and in on-premise restaurants, bars and other areas as provided in Sections 37.13,
37.21(b) and 37.21(e). The availability of nonsmoking rooms will be prominently posted in the
lobby sign-in area. The rooms so designated will be posted as smoking prohibited and ash trays
removed. Customers see'king accommodations will be routinely advised of the availability of
nonsmo 'king rooms.
§ 37.08 Terminals.
The prohibitions contained in section 37.04 shall be applicable to depots and other terminals
utilized bv Members of the General Public for the purpose of being transported upon or departing
from airplanes, trains, buses and taxis.
§ 37.09 Buses and Taxis.
Smoking by either passengers or operators shall be prohibited within buses, taxicabs and all public
transit conveyances operated by or licensed by the City.
§ 37.10 Theaters.
The prohibitions contained in section 37.04 shall be applicable to theaters, including motion
picture theaters, meeting halls and auditoriums where motion pictures or live theatrical musical
or dramatic productions are made to an audience consisting of Members of the General Public
assembled for the purpose of witnessing the performance or presentation; provided that neither
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FOR CITY CLERK USE ONLY
ORDINANCE NO.: ~--~
DATE ADOPTED: 0[~T O 9 1990
this section nor section 37.04 shall be construed to prevent smokin~ by performers in cormection
with a stage production or by persons rna'king a presentation concerning addiction to tobacco or
other drugs.
§ 3Zll Recreational Facilities.
The prohibitions contained in Section 37.04 shali be applicable to enclosed areas of sports
pavilions, gymnasiums, exercise rooms, health, sp'as, boxing arenas, swimming pools, roller and ice
skating rinks, bowling alleys and other similar places where Members of the General Public
assemble to either engage in physical exercise, participate in athletic competition or witness sports
events.
Smo'king is prohibited at all times within the seating areas of an enclosed arena and in the
surrounding open concourses where food and beverages are dispensed.
Smo'k/ng may be allowed in enclosed on-site Restaurants, subject to the provisions of Section
37. i3, and in enclosed on-site Bars.
§ 37.12 Recreation Halls.
The prohibitions contained in Section 37.04 shall be applicable to those areas of reCreation halls
and other similar facilities where Members of the General PubLic play bingo or cards, dance or
engage in recreational, 'character-building or cultural activities which are designated as
nonsmo 'king.
.~m owner, manager or operator of a recreation hall shall designate not less.than 50 percent of the
main activ/ties area of such facility not including restrooms, lounges and ldtchens as nonsmoking.
Corrmxenc/ng August 9, 1991, an owner, manager or operator of a recreation hall shall designate
not less than 75 percent of the main activities area of such facility, not including restrooms, lounges
and ldtchens'as nonsmoking. Commencing May 9, 1992, the owner, manager or operator of a
recreation h~.21 shall desig-nate the entire premises of such facility, including restrooms, lounges
and ldtchens as nonsmotd_ng. Si~.mas shall be posted in the manner prescribed by Section 37.23. It
shall not' constitute a violation of this chapter to smoke in a location where smoking has 'been
authorized bv this char)ret.
The provisions of this section shall not be construed to in any manner restrict or otherwise impair
the anthorirv of nn owner, manager or operator to increase the non-smok/ng area of a recreation
hall. '
§ 37.13 Restaurants.
Within all restaurants, the prohibitions contained in Section 37.04 shall be applicable to lobbies,
waiting areas, restrooms and those dining seating areas which are designated as nonsmoldng.
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FOR CITY CLERK USE ONLY
ORDINANCE NO.:
DATE ADOPTED: 0iii O 9 1990
The owner, manager or operator of a restaurant shall designate not less than 50 percent of the
available customer seating as nonsmoking..Commencing August 9, 1991, the owner, manager or
operator of a restaurant shall designate not less than 75 percent of the available customer seating
as nonsmo 'king. Commencing May 9, 1992, the owner, manager or operator of a'restaurant shall
designate all available customer seating as nonsmoking. The owner, manager or operator of the
restaurant shall post signs as prescribed by Section 37.23 and remove all ashtrays from tables
located in the nonsmo 'king areas. Where a bar shares the same Enclosed Area with the restaurant,
the Bar seats must be counted with the restaurant seats in determining the total number of
nonsmo 'king restaurant seats. The owner, manager or operator shall post a notice at the restaurant
entrance that a nonsmo 'king section is available. It shall not constitute a violation of this chapter'
· to smoke in a location where smo 'king has been authorized by this chapter.
The provisions of this section shall not be construed to in any manner restrict or otherwise impair
the authority, of an owner, manager or operator to increase the nonsmoking seating in a restaurant
or bar.
§ 37.14 City. Buildings.
Smo 'k/ng is prohibited in all City buildings. .
§ 37.15 County Courthouse..
The prohibitions contained in section 37.04 shall be applicable to the County Courthouse including
Jury Lounges and Jury Deliberation Rooms.
§ 37.16 Places of Exhibition.
The prohibitions contained in section 37.04 shall be applicable to libraries, museums, aquariums,
galleries, convention hails and similar facilities where Members of the General Public assemble
for the .purpose of viewing the exhibition of art, artifacts, objects of historical or cultural
significance, products, merchandise, equipment, appliances or services.
§ 37.17 Hospitals.'
The prohibitions contained in section 37.04 shall be applicable to hospitals, rest and convalescent
homes, medical clinics, physical therapy facilities and other places where medical, dental,
psychiatric or counseling services are delivered to Members of the General Public. Operators of
facilities treating psychiatric or chemically impaired patients may permit smoking by patients in
designated areas provided the medical director of such facility has determined in writing that the
practice is beneficial for the recovery or treatment of such patients and that the practice will not
interfere with the recovery and treatment of nonsmoking patients, and provided that adequate
nonsmokrng areas are made available for nonsmokrng patients. Neither this section nor section
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ORDINANCE NO.: 90--05'1.'"
DATE ADOPTED- OOT 0 ~) 1~)~0,
37.04 shall be construed to preveni smoking in locations or otherwise under conditions in which
smoking is expressly authorized by or under statutes or administrative regulations applicable to
such licensed facilities.
§ 37.18 Schools.
The prohibitions contained in section 37.04 shall be applicable to any school or educational
institution operated by a Commercial Enterprise or Non-Profit Entity for the purpose of providing,
academic classroom instruction, trade, craft, computer or other technical training, or instruction
in dancing, artistic, musical or other cultural skills.
The prohibitions contained in section 37.04 shall be applicable to public school facilities when
school district management authorizes their use by Members of the General Public other than
students.
§ 37.19 Day Care Facilities. .'
The prohibitions contained in section 37.04 shall be applicable to private residences during the
time when such residences are 'operated as licensed day care facilities for children.
§ 37.20 smoking Prohibitions, Workplace. "
Smoking is prohibited in enclosed Workplaces of Commercial Enterprises, Non-Profit Entities and
all City owned and managed buildings including but not limited to open office areas, shared
offices, private offices, hallways, restroorns, escalators, elevators, stairways, lobbies, reception
areas, and waiting rooms, classrooms, meeting or conference rooms, and auditoriums.
On-site cafeterias, lunchrooms and lounges shall be deemed workplaces and smoking prohibited
therein, whether or not such facilities are open to Members of the General Public.
Each Commercial Enterpris'e, Non-Profit Entity and the City-shall comply with these smoking
prohibitions and be responsible for their implementation in the workplace, and "No smoking" signs
shah be posted in the manner prescribed by section 37.23.
§ 37.21 Places Where Smo 'king Permissible. '
Smoking may be permitted in all locations where smoking is not prohibited by this Chapter,
including the following locations:
a. A private residence, including an attached or detached garage, whether or not the
residence is utilized for office or other business purposes, except when such residence
is operated as a licensed day care facility for children.
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ORDINANCE NO.: 99-0.
DATE ADOPTED: [~'CT' 13 9 i99C1.
b. Bars.
c. Tobacco stores, whether operated as a separate business entity or as a physically
separated facility within a department store or other business entity.
d. Private clubs during events attended exclusively by members of the organization and
their invited guests and from Which Members of the General Public are excluded.
e. Within conference/meeting rooms, public and private assembly rooms, banquet
rooms, dining rooms or areas of restaurants, hotels and motels, while these places
are occupied for private functions to'which only persons specially invited are entitled
to attend and from which Members of the General Public are excluded.
f. In any enclosed place wherein this ordinance specifically permits smo-king,
notwithstanding the fact that such location is a workplace.
It shall not constitute a violation of section 37.04 'for a person to smoke in a location where
smoking has been authorized in the manner prescribed by this section.
The foregoing places are not considered workplaces subject to the provisions of section 37.20.
Employers will, however, attempt to find a reasonable alternative accommodation Where feasible
for nonsmoking employees who do not wish to be assigned to work in a smoking permissible area.
Notwithstanding any provision in this Ordinance which permits smoking in a place of employment,
any nonsmo 'k/.ng employee may object to his or her employer about smoke in his or her workplace.
The employer shall attempt to reach a reasonable accommodation, insofar as possible. If an
accommodation which is satisfactory to all affected nonsmoking employees cannot be reached
within a particular workplace, the commercial enterprise, nonprofit entity or city who employs
the nonsmokSng employees shall formulate, promulgate and implement restrictions or prohibitions
upon smoking in a manner which accommodates the reasonable preferences and needs of the
nonsmoking employees in relation to the nuisance and health impacts of the smoking upon the
nonsmokers. The area in which smoking is prohibited shall be posted by "No Smoking" signs in
the manner prescribed by the provisions of section 37.23.
§ 37.22 Exemption Procedures. '
Any owner or manager of a business or other establishment subject to this chapter may apply to
the Chief of the Environmental Health Division for an exemption or modification to its provisions.
.E. xemptions may only be granted on (1) a showing by the petitioner of significant financial
hardship due to compliance, or (2) the proposed implementation of an alternative approach or
technologY .which would provide equivalent protection from the health hazards of sidestream
smoke.
10
FOR CITY CLERK USE ONLY
90-0,
ORDINANCE NO.:
DATE ADOPTED: OCT O 9 1990.
An apPlication for exemption will be accompanied by a reasonable fee to cover the cost of
preparation for the hearing, and the application will include any data required by the Division.
The Division will review the application and submit it, w/th recommendations, for hearing by the
Sacramento Environmental Commission. The applicant will be entitled to present evidence at the
hearing, which will be scheduled within sixty, (60) days of the receipt of the application.
The Commission will, after taking into consideration the testimony received at the hearing, issue
its findings and recommendations within twenty (20) days of the completion of the hearing. The
Division will complete Procedural action on the application and notify interested parties within
twenty (20) days of its receipt from the Commission.
The applicant may appeal the Commission's decision to the City Council within thirty (30) days
of receipt of the action notification by the Division. Upon appeal, the City Council will set a
hearing within sixty. (60) days and make a final determination at that hearing.
§ 37.23 Posting Requirements. .'
Each owner, operator, manager or other person having control of an establishment or facility
within which smoking is regulated by this chapter shall conspicuously post in eve.ry place where
Smoking is prohibited "No Smoking" signs with letters not less than one inch in height (or the
international "No Smoking" symbol consisting of a pictorial representation of a burning cigarette
enclosed in a ied circle with a red bar across it). · ·
An owner, operator, or manager of a building wherein, pursuant to these regulations, there is no
smoking permitted in any space in the building may limit the "No' Smoking" postings to first floor
entrances and exits and to the elevator lobby areas of all other floors.
Motion picture theaters shall show upon the movie or live' action screens for at least five seconds
prior to the showing of each feature motion picture the message that smoking is prohibited within
the audience seating and other areas as specified.
Hotels and Motels will prominently post in the lobby a sign notifying patrons of the availability of
nonsmoking accommodations. The rooms so designated will be posted as nonsmoking rooms and
ashtrays removed.
.§ 37.24 Retaliation Prohibited.
It shaLl be unlawful for a Commercial Enterprise, Non-Profit Entity or City to retaliate, against
any Member of the General Public or an employee or applicant for employment of the enterprise,
entity or City because such Member of the General Public, employee or applicant seeks
enforcement of the provisions of this chapter or otherwise protests smoking by others.
FOR CITY CLERK USE ONLY
ORDINANCE NO.:
DATE ADOPTED: [}c'r 0 9 1990
§ 37.25 Violation - Smoking or Posting.
Any person who violates the prohibitions contained in sections 37.05 through 37.19 and any person
who violates section 37.23 by failing to post the signs or take the other actions required by this
section shall be guilty of an infraction, punishable in the manner hereinafter prescribed.
Fines for the crimes made infractions by this section shall be levied in the amounts prescribed by
Section 36900(b) of the Government Code, as that section may hereafter be amended or
renumbered.
§ 37.26 Retaliation Remedies.
Violation of any of the provisions of section 37.24 or 37.26 shall be remedied through civil action
filed in a court of competent jurisdiction for ·injunctive or other appropriate relief.
§ 37.27 Enforcement. .~
It shall be the responsibility of the Chief of the Environmental Health Division, Sacramento
County Department of Environmental Management to enforce, in behalf of the City, the provisions
of this chapter. The Chief shall be authorized to prosecute, in the name of the City, pursuant to
the provisions of Sections 25132 and 39600 of the Government Code, civil actions for the recovery
of fines for violations of this chapter made infractions by section 37.25 for violations of sections
37.05 through 37.23.
'In the performance of the enforcement responsibilities assigned by this chapter, the Chief of the
Environmental Health Division shall:
a. Establish a telephone number through which all complaints by citizens relating to
violations of this chapter may be directed or referred;
b. Reduce such complaints to writing, and anal?ze the frequency and volume thereof
in relation to alleged violations of this chapter by or at particular establishments or
facilities;
· 'c. Conduct an on-site inspection of any establishment or facility with respect to which
the nature and volume of complaints suggests long-standing and pronounced
violations of any of the provisions of this chapter;
d. Provide to the owner, operator or manager of any such establishment or facility a
copy of the provisions of this chapter and s~ich advisory assistance to rectify future
violations as may be necessary to achieve compliance with the provisions of this
chapter;
12
FOR CITY CLERK USE ONLY
ORDINANCE NO.: 90-0, i
DATE ADOPTED: OCT [i 9 i990
e. Follow up such investigation and advice with a written directive explaining in detail
the steps required in order to achieve future compliance with the provisions of this
chapter; and
f. If the violations do not cea/e following the expiration of a reasonable period of
time, commence civil actions for the recovery of infraction fines pursuant to the
provisions of section 37.25 or request commencement of a cMl proceeding by the
County Counsel pursuant to the provisions of section 37.26 as may be appropriate.
The Environmental Health Division shall affirmatively seek the support and cooperation of other
local public agencies, such as Fire Protection Districts, to provide information, assistance and
advice in the enforcement of the provisions of this chapter, during the conduct by any of such
agencies of on-site inspections of establishments or facilities.
The provisions of section 37.24 shall not be remedied by either the Chief of Environmental Health
or any other County or City. official. Any Member of the General Public, an employee or
applicant for employment may, pursuant to the provisions of section 37.26, commence'in his or
her name a civil action for injunctive relief, monetary, damages or other appropriate relief agMnqt
a person who violates section 37.24 pursuant to the provisions of section 37.26. A Member of the
General Public or employee shall also be authorized to individually commence a civil action
pursuant to the provisions of section 37.26 for injunctive relief, monetary d~imagEs or other
appropriate relief for the purpose of remedy/_ng any other violation of the provisions of this
chapter.
DATE PASSED FOR PUBLICATION: October 2, 1990
DATE ENACTED: October 9, 1990
DATE EFFECTIVE: November 9, 1990
MAYOR
ATTEST:
VALERIE BURROWES
CITY CT FRK
13
FOR CITY CLERK USE ONLY
90-05'1'
ORDINANCE NO.:
DATE ADOPTED: 0CT 0 9 1990]
Chapter 9.20 . .-
(as amended August 31, 1989) '.. ~ 'i ..
9.20.10
The City Council finds that smoking of tobacco, or any other ~'Y~ ause
of material annoyance, inconvenience, discomfort and a health hazard to those who are present tn confined places. In order to
serve pub[ic health, safety and ue[fare, the decLared purpose of this Chapter is to prohibit the smoking of tobacco, or any other
weed or plant, in certain areas which are used by or open to the pubLic. (Ord. 4278, 1984; Ord. 3789, 1975)
9.20.020 Definitions.
The foLLowing words and phrases shaLL have the meaning indicated, un[ess the context or usage cLearLy requires a
different meaning.
A. EHPLOYEE.. Any individual who receives re~neration for services performed within the city.
B. EHPLOYER. Any person who employs the services of an individual person.
C. INTERIOR. An area covered with a temporary or permanent roof and substantiaLLy enclosed.
D. PUBLIC EATING AREA. An interior area of a business establishment open to the public for the purchase and
consumption of food, i.e., restaurants, coffee shops, etc: It shaLL not include (i) those public areas used primarily for the
sale and cons~nption on the prefnises of intoxicating Liquors and in which the sale of food and provision of entertainment is
merely incidental to the sale of intoxicating Liquors and (ii) a banquet or meeting room'reserved for the exclusive use of
private parties within an establishment offering public eating areas.
E. SERVICE LINE. Any indoor Line of two (2) or more persons awaiting service of any kind, regard[ess of whether
or not such service involves the exchange of money. Such service shat[ include, but is not Limited to, sales, giving of
information, directions or advice, and transfers of money or goods.
F. SHOKE or SHOKING. The carrying of a Lighted pipe, or Lighted cigar, or Lighted cigarette of any kind, or the
Lighting of a pipe, cigar or cigarette of any kind.
G. t4ORKPLACE. An interior space at fixed Location. (Ord. 4581 1989; Ord. 4278,. !984; Ord. 3893 Section 1, 1977;
Ord. 3887, 1977; Ord. 3789, 1975.)
9.20.030 Prohibition in Certain PubLic PLaces.
Smoking shaLL be prohibited in the foLLowing interior places within the City of Santa B'arbara to the extent the same
are subject to ~he jurisdiction of or Licensing by the City of Santa Barbara:
A. PUBLIC FACILITIES. ELevators, museums, gaLLeries, public transportation facilities open to the public,
and service Lines of establishments doing business with the genera[ public, including waiting areas within establishments
offering public eating areas.
B. HEALTH CARE FACILITIES. Waiting rooms, sleeping rooms or pubLic haL[ways of every privateorpubLicheaLth care
facility, including but not Limited to hospitals; provided, however, that this prohibition shaLL not prevent the establishment
of a separate waiting room in which smoking is permitted, as Long as there also exists a waiting room in the same facility in
which smoking is prohibited. This prohibition shaLL not apply to private rooms.
C. CITY FACILITIES. AL[ buildings occupied by City Staff and operated by the City of Santa Barbara, except in
areas which the City Administrator may designate as smoking areas.
1.. The City Administrator may designate a smoking area only if the area involved:
a. is not reguLarLy open to the public; and
b. does not require major room or building modification; and
c. is not reguLarLy occupied by non-smokers.
2. In any dispute arising under the smoking area designations made by the City Administrator hereunder,
the rights of the non-smoker shaLL be given precedence.
D. THEATRES AND LECTURE HALLS.. Any room in or portion of a building which is primarily used or designed for the
purpose of exhibiting a motion picture, stage drama, Lecture, musica[ recital or other similar performance, and to which room
or portion the public is reguLarLy admitted (incLuding any restrooms); except that smoking is aL[owed (i) in an area commonly
referred to as a Lobby if such Lobby is substantiaLLy separated from the spectator area; (ii) on the stage if it is part of the
performance; and (iii) at times when the entire building is closed to the public. ,
E. GROCERY STORES. AIL public areas in every retail food production and marketing establishment. This sub-
paragraph does not apply to restaurants.
F. RESTROOHS. AL[ restrooms open for public use.
· 'G. PUBLIC EATING ESTABLISHHENTS. Any portion of a posted non-smoking public eating area.
H. LAUNDROHATS. AIL areas in a Laundromat open to and avaiLabLe for use by the public. (Ord. 4278, 1984; Ord. 3893
Section 1, 1977; Ord. 3892, 1977; Ord. ~8~7, 19T7; Ord. 3789, 1975.) o
9.20.040 Optional Prohibition.
AIL managers and owners of any' establishments serving or doing business with the public other than those specificaLLy
covered under Section 9.20.030 may, at their discretion, post "Ho Smoking" signs within various areas of their businesses and
u~i[ize the fuLL right Of the provisions of this Chapter. ( Ord. 4Z78, 1984; Ord. 3789, 1975.)
9.20.050 Postincj of Signs.
A. SIGNS oo NON-CITY FAClL[TIES. Except for those facilities enumerated in subsection 9.Z0.030C, signs which
designate smoking or no smoking areas established by this Chapter shaLL be cLear[y, sufficiently, and conspicuously posted in
every room, building, or other place so covered by this Chapter. The manner of such posting° including the wording, size, color,
design, and place of posting, whether on the watts,' doors, tables, counters, stands or e[seuhere,'shaL[ be at the discretion
of the owner, operator, manager, or other person having control of such room, building, or other place so Long as clarity,
sufficiency, and conspicuousness are apparent in comnaJnicating the intent of this Chapter.
B. SIGNS -- CITY FACILITIES. Signs which designate smoking, or ~on-smoking areas for facilities set forth in
subsection 9.20.030C shaLL be cLearLy and conspicuously posted where deemed appropriate by the City Administrator.
C. PUBLIC EATING AREAS.
1~ Cigars and Pipes - Prohibited. No person shaLL smoke a cigar or a pipe in any portion of a pubLic eating
area (incLuding b~t not Limited to a smoking area designated pursuant to provisions of this Section) at any time such area is
open for business to the general public?
2. Seating Capacity Non-Smoking Area. The operator of a public eating area shaLL designate and
conspicuously post as a non-smoking section a portion of the public eating area equal to or greater than fifty percent of the
seating capacity of the area.
3. Signs - and Pipes. The operator of a public area shat[ conspicuously post, at each
entrance to any such business, a sign stating the proportion of the public eating area which has been designated as non-smoking
(unLess the public eating area has a seating capacity of fewer than 20 persons) and a sign or notice clearly indicating to the
patrons thereof that the smoking of cigars or pipes is prohibited in at[ areas of the establishment. (Ord. 4581, 1989;; Ord.
42?8, 198~; Ord. 3?89, 1975.)
9.20.060 Gov~rr~ae~ta[ A~encyCoo~eratiott.
The City Administrator shatt annuatty request att governmentat and educationat agencies which maintain an office within
the City of Santa Barbera to estabtish tocat operating procedures to cooperate and compty with this Chapter. In federat, state,
count~, and schoot district offices within the City of Santa Barbera, the City Administrator shatt urge enforcement of the
agency's existing no smoking prohibitions and request cooperation with this Chapter. (Ord. 4278, 1984; Ord. 3?89, 1975.)
9.20.065 ReguLation of Saaoking in the~orkpiace.
A. WR[?TEM SMOKING POLICY. Each employer who operates a workplace in the City shaft, at [east 30 days prior to the
effective date of this Section, adopt, implement and maintain a written smoking policy which shat[ contain, at a minin~Jn, the
foLLowing provisions and requirements:
1. REASONABLE ACCONNOOATION. Any non-smoking emptoyeemay object to his or her employer about smoke in
his or her workplace. Using already avaiLabLe means of.ventiLation or separation or partition of office space, the employer
shat[ attempt to reach a reasonable accceex~dation, insofar as possible, between the preferences of non-smoking, empLoyees and
smoking employees. However, an employer is not required by this Section to make any expenditures or structural changes to
accon~xxtate the preferences of non-smoking or smoking employees.
2. NON-SMOKING EMPLOYEE PREFERENCE. If an accon~xtation which is satisfactory to att affected non-smoking
employees cannot be reached in any given workplace, the preferences of non-smoking eniptoyees shat[ prevail and the emptoyer shat[
prohibit smoking in that workplace. Where the employer prohibits smoking in a workplace, the area in which smoking is prohibited
shaLL be clearly marked with signs..
B. ADOPTION AND POSTING. The smoking policy required by this Section shat[ be announced within three (3) weeks
of adoption to at[ employees working in workplaces in the City and posted conspicuously in at[ workplaces in the City under the
employer's jurisdiction. (Ord. 4278,1984)
9.20.067 Where Saoking #or ReguLated "
Section 9.Z0.065 is not intended to regulate smoking .in the fo[Lowing places and under the fo[[ow~ng conditions ~ithin the city:
A. A private home which may serve as a workplace.
8. Any property owned or teased by a county, state or federal goverr~nentat agency.
C. Any office space teased or rented by a sole independent contractor. (Ord. 4278, 1984.)
9.20.0~0 Enforceae~t - ~neratty.
A. CITY FACILITIES. The City Administrator shaLL be responsible for compliance with this Chapter in facilities
operated or occupied by the City of Santa Barbara. The City Actninistrator shat[ also provide each business License applicant
with a copy of this Chapter.
B. BUSINESS LICENSES. The owner, operator or manager of any facility, business or agency shat[ .compLy with this
Chapter as a requireffent of receiving a business License to operate in the City of Santa Barbera. Such owner, operator or
manager shat[ post or cause to be posted att "No Smoking, signs requiredby this Chapter. Such owner, operator or manager shat[
not aLLow service to any person who violates this Chapter by smoking in a posted "No Smoking" area. (Ord. '4278, 1984; Ord.'
3789, 1975.)
9.20.07~ Public #uisance.
Any place of employment conducted or operated without compliance with the provisions of Section 9.20.065 appLicabLe
thereto shat[ be and the same is hereby declared to be a public nuisance. Whenever there is reason to believe such a public
nuisance exists, any affected employee or any resident of the City, in his or her own name, may maintain an action in equity
to abate and prevent such nuisance and to perpetuaLLy enjoin the employer from maintaining or permitting it. UPOn the granting
of equitable relief, in whole or in part, by a court of competent jurisdiction, an employer determined to be in violation of
Section 9.20.065 shaLL be liable for the attorney fees, as may be determined by the court, incurred by the party bringing the
action. (Ord. 4278, 1984.)
9.20.0~0 Enforcea~nt - WorkpLace.
A. ADMIN[STRA?ZON ANO INVESTIGATION. The City Administrator or his designee may enforce Section 9.20.065 by either
of the fo[towing actions:
1. Serving notice requiring the correction of any violation of that Section; or
· 2. Ca[ting upon the City Attorney to maintain an action for injunction to enforce 'the provisions of
Section 9.20.065, to .cause the correction of any such violation, and for assessment and recovery of a civil penalty for such
violation.
8. CIVIL PENALTIES. Any employer who violates Section 9.20.065 hereof may be Liable for a civil penalty, not to
exceed $500, ~hich penalty shat[ be assessed and recovered in a civil action brought in the name of the. PeopLe of the City of
Santa Barbara. Each day such violation is committed or permitted to continue shattconstitute a separate offense and shaft be
punishable as such. Any penalty assessed and recovered in an action brought pursuant to this paragraph shat[ be paid to the
Treasurer of. The City of Santa Barbera.
C. GENERAL WELFARE. [n undertaking the enforcement of Section 9.20.065, the City of Santa Barbara iS assuming an
undertaking only to pro~te the general .we[fare. ~t is not assuming any obligation, nor is it imposing any obligation on its
officers and employees, nor is it LiabLe inmoney damages or otherwise to anyperson who claims that (i) the City or one of its
officers or employees breached any such obligation, and (ii) the breach proxi.matety caused injury. (Ord. 4278, 198~.)
9.20.1385 Violatio~s and Petm[ties.
Any person who violates' any provision of Section 9.20.030 by smoking in a posted "No Smoking" area, or by fa[ting to
post or cause to be posted a "No Smoking" sign required by this Chapter, or by serving any person who violates this Chapter by
smoking in a posted "No Smoking" area, is guilty of an infraction. (Ord. 4278, 1984; Ord. 4067, 1980; Ord. 3~89, 1975.)
9.20.090 Effective Oate of Ordinance asA mended.
The amendments and additions to this Chapter shat[ beco~ effective on January 1, 1985. (Ord. 4278, 198/,.)
SMOKING PROHIBITED IN CERTAIN AR~
O~dinance No. 1172 (1990 Seri~
BE IT ORDAINED by the Commil of the City of San Luis Ob·apo ia follow~:
Chapter 8.16SECTION 1. Chapter 8.16, Smoking Prohibited in Certain Am·a, is hereby amended to read as~: [~ (~ [~ ~ ~.~ L~' jJ"~'l \;"~"
Smoking Prohibl~d i" C,,nain k,u L.~ ' ' ~//
8.16.010 I~. , ........
8.16.020 Definitions.
8.16.030 PTohibitJon in certain public places.
8.16.040 Regulation of smoking in the wael(place. CITY MAHAC]ER'S OFFICE
8.16.050 Posting of signs.
8.16.060 Compliance.
8.16.070 Violation-Penalty.
8.16.080 Where mTtoking not regulated.
8.16.090 Severability
8.16.010 Purpose.
Bemuse mTmldng of tobeeao or any other weed ot plato is i IX~itive danger to hiaJth and I emme of mate~le] diK°mfon
and · heaJth hazard to th(~e who am present in eonfinsd pismm, Ind in order to ianm public heaP, h, sefety and wa·faro, the dedamcl
purpose of this chapter is to prohibit tt~ m'noking of tobem~ or any other weed or plant in certain areia which am used by or open
to the public. (Old. 1048 § 1 (part), 1985)
~,16.020 Definiiion~.
For the purpose of th~ dmpter, the following word~ shall haw the following meanings:
A. 'El·/' me·sm an ami which is devofed to the se~ng of aleoh~._.~ bewragia tM eonaumption by gu·aW on the prom·Ms
and in which the serving of food is onh/Incidental to the conmJmption of luch beverages.
D. 'Smoke' or 'lmoldng' means and Indudia the eanying of a pipe, dgar or cigarette of any kind which le burning, or
the igniting of · pipe, ciga/or ~igumte of any kind which i~ burning.
E. 'Service line' mem~ an Indoor line or Ire~ where perlon~ Immit IMMCe of any kind, regirdle~ M W or nm ~lch
~en~ce InvoMm exchange of money. ~mh sew trail Include, but M nmot limited to, iaJet, giving of InfonTmtion, dimoflom or
advice, emi transfem of money or goadL
private and.public Khaal oafetmla or eating estoblishmant, and any ether eating e~tebiishmont, mganization, dub, Induding
wteram' club, b(wclinghouia or guiattmule, which givia or offem for iala food to the publie, gue~l, Pe~mnl or emptoye~ ia well
u kitehan, in which fo(xI is prepared on the pmmisia for ,endng eleewhem, trmluding camtng ~
which the MJe of other pmcluot~ l~ merely inc~lemal.
H. 'WoWplam' mean~ any interior Iplce under the eamml cfi · public or I)~me empia~r whleh emPlOYNe normally
frequent during th$ eourle of employment, Including, but not limited to, w~k areas, emplo~e imJnge~, eonfemrme morns, ancl
employN eafeterlia. A IXtVate riaidence le not · woWplem under this Metion. (Ord. 1048 t 1 (pan), lg85)
8.16.030 Prohibition in certain public pla=es.
A. Bevatorl, museun~, iilx~l,-i~, gaJisri~, publio tmn~xxla~n M=ilitlet open to 'the public and ~en~ce
e~lbUshmentl doing bu~neM with the gm put)Ii=;
to ho~otta~, din·ce, ~ therapy fadlitiss, dm' ~ficea, and denti~t~' office·; provided further, that thla prohibition Ih·il nmot
prevent me er.~blishment of · sepemm wa~ing mom in ~ ~moking ia permitted, I~ long ia them liso exia~ · waiting mom in
the ~ame f·c~lity in which Imoking is prohibited. In bed r, ploe imia of he. Ih fldlitiia treed for two o~ mom patisnW, mltoking Ih·il
be prohibited unlese all pafiante wtlhin fl~e room ire/.mokem lrld request in writing upon the health cern fadlity'l idmJMlon k~rna
to be placed in · room where ~ le permitted.
C. AJI building·, vehi(de~, or other eneloMcl areas oGcupled by otty Il·fi, owned or leased by the etty, ar othem41e operated
-.by the city, except in Ireia which the otty idministmtot may cleNgrmte ia Imoking
The (:dy administrator may cissignate · smoking ama only if the Ire· ·nv·Ired:
1. I~ not regulmly open to the public;, and
2. Does not require mljor mom or building modifleationl; end
3. I~ nmot regulmty oooupied by nonsmokeil.
motion piotme, Itage drama, lecture, musical reeital or other similar perlmmance whenewr open to the publio, except ~'H~king which
le · pan of · Itage perlonnance, Including I~ mstmom~, and any
E Within all publle m in ewty retail ,~ore, including, but nof limited to, retail ~en4ce e~labll~m~nts, retlJl food
pmduclion and marketing e~ablishment~, mtlJI, grocer/, and cling
F. AIl mslmortm open fer publie u.e;
._G. V~thin every mstaumm and bar.-
L Within all are~ Ivallable to and customarily used by the general put)lie in all busine~ia an0 nonprofit entitlia
patronized by the pubUe, Including, but nm limited to, pmfe.ionsJ officei and ether c~tcel, ban~, hoteis and motal~.
d. Notwithstanding any ether prcwiM~ ef this seet~n, any ewner, operatm, manager or other permn whe mmmla any
establishment or facility diaa'ibed in ~ iaotJon may declare that entire establishment or facility ii · nonml~king e~lblishment.
8.16.040 Reg~dation of mTm4dng in the woWldam.
Each employer who operates · workplace in the city ~J~ll, within .sixty d·y~ of the effective date of the ordinarme eoclified.
in this Mction, adopt, Implement and maintain · written smoking policy which shall contain, at · minimum, the following provisions
and requirements:
A. Any nonsmoking may object to hie or her employer about n his or her workplace. Using already
available means of ventilation or sepamt~on or partition of office ~oace, ~e employer stol attempt to reach · reasonal31e
accommodation, incofer as ~_,?"~__!ble, between the preferences of nonsmoking employees and smoking employees. However, an
employer is not required by ~is ~eotion to make any expen4:litures or r, ruotuml changes to ~=ommog:lat~ ~ preferen=ee of
nonsmoking or mnoking employees.
B. If an ~x:ommodation which is sa~sfacton/to all ~fleoted nonsmoldng employees cannm be re~ched in ~ny given
' wod(place, ~e preferencesof nonsmoking employees shall prevail and the employer shall prohibit smoking in ~at workplace. Where
the employer prohibits smoking in · workplace, the ~e,, in which smoking is prohibited shall be clemty merksd with signs.
C. The smoking policy required by this section shall be announced wi~in three weeks of edoption to all employees
working in woriq=l~cee in the city ~nd po~ed conspicuously in ~il wo~pleces in the city under the employer's jurisdiction.
D. This section is not intended to regulate smoking in the following pl~u:~s and under the following ¢xmclitions within the
1. A pdveto home which may serve ~s · workpl·ce;
2. Any properly owned or leased by a state or federal governmental ·gency. (O~d. 1048 § 1 (part), lg~5)
E. Notwithstanding any other provision of this section, even/·mpioyer ~dl have the right to designate any place of
employment, or any portion thereof, a~ · nonsmoking ama.
8.16.050 Po~ng of signs.
S~gns which designate smoking or no smoking areas established by this chapter shall be conspl~xmly posted in even/
mom, building or other plane .o covered by this ct~oter. The manner of such posting shall be ~t the ~lisc~ltion of the owner,
operator, manager or othar person having ¢xmtrol of such room, building or mhar place ,o long u atmtty, sufficiency and
conspicuousness are apparent in communicating the intent of ~is chapter. (Ord. 1948 § 1 (pan), 1985)
&16.C,l~0 Compllance.
A. The city edminislrative officer or his dealgnote~l relxesenta~ve chall be responsible for ~ompilance with this chapter
u to f~,~-ili~es which ere owned, operoted or le~ed by th· ~ity. The finm~e director .hail provide each busino~ ~ Koplicant
with · copy of this ct~oter.
B. The owner, operator or rnsnager of any f~ility, business or agency within the punrlew of th~ ~ shall =omply with
the provisions of ~ chapter. Notice of these regulations ~h~l be given to all Koplicen~ for · Ixmino~ Iim~me. Such owner,
operator or manager al~ll po~t or cause to be posted all no smoking signs required by this at~pter m~d shall not allow eewice to
any person who violates this chapter by smoking in a posted no ,rooking
public nuisance axleS, any ~ employee or any re.lent of the city, In his or her own n~ne, n~y ~ an ~ in equity
to able ~1 prevent such nuism~e ~d to perpetu~ly ·njoin the employer from n~intalning or permitting IL Upon ltm groining
8.16.040 of this chapter ,hall be liable foz the &ttomey'e fees, .s n~y be detormineq by tha court, in~x.~d by the perty btnging the
~-'tion.
1. Se~ng no, ce requiring the oon~ction of any violation of
2. Requesting the ~y &ttomay to maintain an ~ for injun=tion to enfon~ the provision~ of Se~ion 8.16~10 of this
· ttomey's fees.
E. Any employer who violates Sectlon 8.16.040 of this chapter rrmy be liable for · ~=ivil pef~ty, not to exco~l ~ hundred
dclisr~, which peneJty chall be -__~-e_ssed m~l re=overed in · civil ~-'tion brought in the name of the people of the city. Eac~ day
such violation is committed or permitted to continue shall constitute · ssp.mte offense ~ ~ be punish·bi· ,,- such. Any
pens~y ·ssessed and recovered in an ·ction brought pursuant to this subsection si~ll be paid to I~ fin·nee direc~r of the city.
F. in undertaking the enfon:ement of Section 8.16.040 of ~is chapter, the city is ~uming .n undertaking only to promote
the general welfare. It is not ~s~urning any duty or oblig·tion, nor is it impo~ng any duty or obligation on ~ off]cern m~l ·mployees,
nor it is liable in money dam·gee or otherwise to any per. on who ctalms thlt (1) the city or on· of ite offlcer~ or empldyeee breached
any ~ oblig·tion, m~l (2) the brem=h pmxin~tely c~u~KI injun/. (OM.. lg48 § 1 (peri), lg85)
Any per~on who violates any province of Section 8.15.030 or 8.16.040 of this ¢~,ofer by ~noking in ·posted no ~oking
· rea. or by fa~ling to post or cause to be posted · no ,rooking sign mcluired by this ~oter, or by .erring ~ny per~=n who violates
·lhis ct~pter by smoking in · posted no m~oking ere·, is guilty of an intmotion, an4 IS su~eot to punishmont ~ provided for in
chapter 1.12 of this code. (OM. 1048 § 1 (pan), 1985)
8.16.080 Where Smoking Not Regulated
Notwithstanding any other provision of this chapter to the ~r~y, the following ~ ~ not be subject to the ,~king
restrictions of this, chapter:
· 1. Pdv~te re~clences, except when used ~s · child ~· or ho~th cam facility.
2. Hotel and motel morns rented to guests.
3. Ret~l tohacoo ,torel.
4. A private oncfosed office wod<pll=l occupied exclusivlly by Imoksrl, even though suet1 an office wortcplace may
5. Any are· exterior to the building in which the est~lishment or f~llity is kx~ted.
8.16.0~0 Severabir~y
If any provision, clause, eentence or pomgrsph of this chapter or the ~oplic~on thereof to any pomon or circumst~ncos
shall be held invalid, such invalidity r, haJl not ·ffect the other provisions of this chapter which ran be given ®hoot without the invalid
provision or applic~on, and to this end the provisions of this chapter er· declered to be eeverable.
' ~,~'~(-.~e~ 9~?'~'' Ind not imended to mean areat public except within ar~ll in said c~rh employer sh~ll adopt, imPle-
REGULATION OF SMOKING ~'ommonly desrrlbed m~ public slores not open to the public end meat, and maintain e wl'Jtl,,n smok,
$eeti~:~:~ ~ ~:-:; . ~' · '¥~ Iobbh~. '. exrept relail ;ohacco shops, (Add~t(J in~ policy felatil~ 1o smokin~ in the
~,~.elg Hnd~8~;: tAdded by Ord, 203~. Amended by by Ord, 20364.) workplace which shall ronlain
9,~,~0 ~fl~itlon~,' "' '. Ord. 2~23. amend~:d byOrd. 218304 9,~.~0 ~alln~ ~labli~hmenl,. minimum Iht, foliowinB:
9,44.~ ~blie ~ell~ Smoking is ptohibiled Within ale- ~ ....~ . ...... ~ ~, y ....... ~ned employer conte~unce and meeting
9.44.0S0 Health luilil~, vators in buildinss 8em:ra.lly used by i .......... ~ ......v~: ~,,,~er~a, ShOt;- rOOmS, classrooms, audi[o~ms,
9,44.~ lhealm, aadilodum~, and open to the publlr. (Add~t by [-" ....... -.-_~-.~-~ restmoms, m~ical facilities, hall.
haX~ :.. 9.~,~0 Publk meetings.
9.44,0~ illi~l ~bl~hment~ chambers o~. indoor plates of publk'
9,~.~ Pmtin8 of sil~. assembly during publi~ me~tlnSS persons. I lowever, thi~ prohibition
9.44,110 Enlo~remnl -- Health smuki~8 i~ prohitHled. A public shall no; app~ithin ~uch
ollkef aulhmily, nt(~*ting is deemc,d ~o be any occa- men~:~:~a ..............
9,44.1~ R~ulation ol Smokini in slcm in which pt~hlic busine&s is cur~- .~::~ .................. ~~ 3. Provision and mainmnance of
.... : ...... e ..... ~ c(Jnti~uous ~u smoking area o~ not
I~ wo~kpla(e, ducted by any elected ~r appoimed ~,~--~ ........... 1_] ......... ~6~ less ff~an two-thirds of .the
9,44.010FindinS~ · "' official..~'ommitlec, ~'ommJs~ion or ~ capac'ity and Ik~or space:' in eac. h
1he city ~oum-il ol the ¢.ity of San b~sard ~mder ci~('umstance~ re~uir. ~..~,.-~:~.~L:_.--~ :-~Jg-" ~ employee luunge or, a~ the
Jo~e findi anti declal(.& that smok<, in~ or perm~tling direcl parllcipalion P~ovide~ ~urul(tr. that ttH~ mini~i~m I~on o~ Ihe (~mployeL where ther,~
from iXtx,&, risers, ami cisareltt.~ i~ a or observa~ie)n by Ihe w'neral public, m)-smokmg a~*a may, a~ ~he disc'~t,- more Iha~ one such lnunge ira any
highly ()ffensjve and severe nui&am'e (Added by Ord. ~3~.) lion of lira ~wner o~ his designee, be one build,ag, nol G.s& l~an om,-half
Io non~mo~ing imiividuals. In enacl- 9,~.0S0 Heallh Jatilili~. increas(.d if the owm,r or his de~ig, the number of ~u('h lounges and not
in~ this (hdpt¢,~ the (ily ~'uLmcil is Smoking inallpubliclyu~privalely nerdt,terminesfromlhep~tleren(e Ic~slhanone-haltthesquar~,f~tage
toba~((~ ~mok(. ~an (,ndangt'r the C:alifom~a lieallh a~)d Safety Code i~ '~ ' ' II ~-The ()wne~ o~ hi,
h~.alth of ~onsm~kers, (Added b), prohibited in puJdir- areas ~f such designr~, must ask (~ach pat~>n for
Ord. 20364.) fa~'iliTies, im luding wailin8 room~, hi~ ~r her prefl,ren('e, Th~, prohibi-
9,~,020 Oelinitiun,. hallways and iobbi¢,~, exrepl where tlons, f'equi~¢tmen~s ol duties ol
[x,'ept whe~. tho ¢onwxt {~her. special ~mokin~ areas haw, ~en ch,lpt¢.~ ,half not apply to banquet adopted b)' ti~ t'mployrr shall
wisr require~ Ihe definlli¢~ns hart,, dE,signatc, d br ~igns, h': bed $pa<'¢, 1u1)111~ m use for private J'~ll¢'lJonsol in('lud(, a d('flnltion c~f ~he te;'m
ir~afler set f(~r~h Ruw,rn the con- ,~reas wid~in ~ch la~'ililies, ulili~ud Ir~ cocklail Icmnses or bars. (~ddt.d immcdinlt, work area which
~tructiurl of thi~ Chapter 9.~: fo~ twu~)rn~orepali~,n~R.smuklnsby hy O1([ 203G4. Amemi(,d by Ord. pref(,~e~HiaJ consldt, ratiu~
A. "SmOkt,:'(~t "~n~Oki~X" mea~ any t~,~&em otl'~er ihan' a i)a~ienl 2~23,) nonsmok(,r~.
ami inclutlt, s Ih(, combu~ticm of any assige~t,d ~c~ su( h area i~ p~ohibited, 9.44.~ Postin~ of sisn~ ~r ..... t.,,,,- ,,,,~,,.~ .......
('d t ,Xar(.lle Gl ,l~y kind t~r Ih,, lighl, h~,d ~l)aCe a~ra K permim.d only m spirm~u~ly postrd in everex, room. "~ '"~ ..... e.~
.l~l¥ kind, or al~y ~imilar artk h. r)r any ~moker~. IA(ided b)' ()rd. 203G4.) where sm~king is ptcdlibited ~)Ul~[l* 6. Who,never Slll(~king i~ ~)r¢)hi-'
¢~lher c~mbu~llhle $ub~la,¢x, in a~)~' 9,44,060 Thealerl~ audllo~iums, anl h~ Ihi~-chapl(rl.. ~y llle owner, biled. ¢'r~n~13i(u(~u~ {igns shall be
~. "Her" an(I/or "c-orklail hmnBe" 5moki~l~ i5 l)r¢~hlhhed within having COfllr(~l of suc'h iclofl~, build- IE,~tering ~c)l I(,s~ Iha~l one inch' in
r)f ~uch bt.v<.ra8¢,~. . I¢'(tu~e,, a~hl(,li( ~,v~,n(. cloi~,~t ('lrCuil lheali, l. au(lilolJunl t~r pa¥ili<~n or cigalellt.' l.n('losed m n red circle
wo~kplac(.. ' ~. ]hi~ i~rohibilkm'~h,lll nm ~pply H~,lce, A(hlili~)nalJy, Ira)vie lhealt,rs ('on~muIli['ul?d Io all ~.ml~lOv'ees hy
who is (.mpl(~)'ed by al~' ¢,n~ploy(.~ i~ ~f ~h(, perl~tmance: pli<)t lc) eaclt t'eatur~, mOlion pi¢'Iure C. N[dwithslandin8 the
(Unsidl,ralion fo~ ~Jirl,cl or illdirc~'t X. Il ~u~h indoor ~<~)m. chamber IIIdl smoking is i~rohibiled. (Added of suh,e('lio~ (a) GE this
lit)f~ th(,reot iNtrn(led for o(~',~t~anc~, hie ic~ ~,ch ea~i~g eslabli~hmenls lb* 1 .... :,k ,in ...... 4. day I), This ~(,(-lion i~ m)t inlended
i$1l~tt.~ and ('alh~K e~ablishm~,n~, with thr ~ale ah.~holi( bc. vera~e ~'"
timit(,d I(;. (~ffi('(, spa(r~ in .officr f(mm.chalt~b<'r or I)la(('dutin~su('h ~ 2, 'Ally t)t()pefly OWll(,d or iea~,d
buildings, r~,~P~rch ~lld de¥('tuu- l~<'rfor~an<'(' ~nd ~u~'h place i~ nc)l by oth~.r ~overnmL. r~t~l
] I."~4otionpi~,turPlhe~lr~"mean~ bE. i~t~pli(~bh.. (Added hy Ord. ~,vun though ~.ch a wo~pl~('e
~f I, xhJh~ling m~tif)n plcluee~. 9,~.070 Relall slmes. 9.~,1~ Resulat~n ol SmoklnR in places m which smokinR is prohi-
G. "~ncl,~rd~' mean~ rioted in b~, ~mo~ing i~ ~lt(~hibi~(.tJ wilhin re,ail the workplace, bi~(.(J [~y th(, ~ta~e fill, ~ar~hal u~
IOO~ af~d four Walls wilh applut). ~re~ dt~i~ l~usi~ess wi~h ~he ~¢,n- ~. Th~; ~,tfe~ nrdi- ' oth~.r law, O~dh~dnce. Or
~al~' oDrning~ fu~ i~g~*~ and egr~,~ ~,ral publi~' when u~.~o the gcrne~l hence ~hall (Added b~, O~d. ?18304
INTRODUCED BY COUNCILMEMBER$ ANAFORIAN/I.~3MP.~REY
ORDINANCE NO. 87-[52
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,'
REPEALING SECTION 8-213 AND ADDING ARTICLE 16 TO'
CHAPTER 9 OF THE FRESNO MUNICIPAL CODE RELATING
TO SMOKING IN CERTAIN PUBLIC P~ACES
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS~
SECTION 1. Sec=ion 8-213 of the Fresno Municipal Code ~s
repealed.
SECTION 2. Article 16 is added to Chapter 9 of the Fresno.
Municipal Code to read: ..
[ARTICLE 16,'
SMOKING POLLUTION CONTROL ORDINANCE
Section 9-i601. Title.
9-1602. Findings and Purpose.
9-1603. Defini::ons.
9-1604. Application of Article to
City-Owned Facilities.
9-1605. Prohibition of Smokin~ in
Public Places.
9-1606., Smoking Optional Areas..
9-1607. Areas Not Regulated.
9-1608. Regulation of Smoking in
Bowling Centers.
9-1609., Regulation of Smoking in Places
of Employment.
9-1610. Power to Ado?t More Restrictive
Smoking Policles~
9-1611. Posting of Signs,%
9-1612. Enforcement.
9-1613. Nonretaliation.
9-1614. PuDlic Education.
9-1615. Governmental Aqency Cooperation.
9-~616. Other Applicable Laws.
9-~617. Severauility.
9-[618. Review.
SECTION 9-i601. TITLE. This article shall be known
as the Smokin~ Pollution Control Ordinance.
~laces of employment~ and
(6) smoking is a documented cause of fires~
and cigarette and cigar burns and ash stains.on
merchandise and fixtures cause economic losses to
businesses.
(b) Based on the findings in subsection (a)r the
CounCil declares that the purposes of this ordinance
are:
(1~ to protect the public health and
welfare by ~ohibiting smoking in public'~laces
except in designated smoking areas~ and by
regulating smokin~ in places of employment~ and
('2,~ to strike a. reasonable balance between
the needs of smokers and the needs of non-smokers
to breathe Smoke--free airt and'to recognize that,
where these needs conf!tctr the need to breathe
smoke-free air shall have
SECTION 9-1603. DEFINITIONS. The following words and
~hrases, whenever used in this article~ shall be construed
as defined in this section:
(a) "~a~" means an area or a room utilized
~rimarily for the sale of alcoholic beverages for
consumption by patrons on the ~remises and in which
the serving of food is incidental to the consumption ..
of such bevecages. If a restaurant operates a bar
adjacent to' a-dining area~ the term "bar" shall not
include the' dining area..
(b) "Dining area" or "dising room" means any -
establishmentr organizationr cluDr boarding house~ or
guest houser which offers food for sale to the public,
guestsf ?atrons~ or employees. -'
,ti) "Retail tobacco store" means a retail store
or separate room wi=bin a retail storer utilized
primarily for the sale of tobacco products and tobacco
accessories and in which the sale of other products is
merely incidental.
(j). "Semi-private room" means a room in a public
or private health care facility containing two or
beds for patients of the facilityt
(k) "Service line" means any line or gathering
in a public ?lace of one or more persons lined up or
gathered to wait for and receiver in the order of
line or the gathering~ service or assistance of any
kind.
(1) "Smoking" means inhalingr exhaling~ burningr
holding~ controlling or carrying any lighted 9iDe,
cigar, cigarette~ weed or other combustible substance.
SECTION 9-1604-. APPLICATION OF ARTICLE TO CITY-OWNED
FACILITIES. All ~nclosed areas owned~ operated or leased
by the City of Fresno shall.be sub~ect to the provisions
of this article: provided that the Airports Director shall
have the discretion to designate areas within city airport
facilities as smoking areas as provided in section 9-t6!9.
SECTION.9-1605. PROHIBITION OF SMOKING rN PUBLIC
PLACES. Except where specifically ~ermitted pursuant to
Section 9-!606, or specifically no~ ~egulated pursuant to
9-1605r the operator of a puDlic ~lace may permit
~moking in bars, retail tobacco stores~ and in
convention facilities~ conference! meeting or assemD1y
rooms of restaurants~ ho.tels~ motels and convention
halls when used for private functions.
(b) Smoking may be permitted in a separate
dining room or contiguous area of a dining room of a
restaurant provided the .total of such smoking areas.
does not exceed fifty percent of the total dining area
or seating capacity of the restaurant.
(c) Smoking may be permitted in a semi-private
room of a health care facility ~f all patients within
the room are smokers and request in writing to be
91aced in a room where smoking is permitted.
SECTION 9-1607. AREAS NOT REGUSATED. Nothing in this
article shall be deemed to regulate smoking:
(a) In a ~rivate residence except where used as
a licensed business which is open to the public or
which constitutes a ~lace of employment: or
(b) In hotel~ motel or other boarding house
rooms rented to guests: or
(c_.~) In a billiard room as defined in section
7-201(b) of this Code.
· (d) By a performer of a sta~e production when
~mokinq is a ?art of such production.
(e) In areas of city airport facilities that
have been designated as smokin~ areas by the
Director pursuant to section 9-'1619.''
include a reasonable definition of the term
"immediate work area"~
(2) Prohibition of smoking in enclosed.
~reas of ~eneral passager including bali.ways and
~levators~
(3) Maintenance of a separate and
contiguous non-smoking area of not less than
sixty ~ercent of the seating capacity and floor
space in any cafeterias~ employees lounges and
areas of general asSemSly by employees including.
conference rooms and classrooms~ .
(4) A mechanism for resolving disputes"
between employees in which the health concerns of
non-smokers shall take precedence.
(c) The smoking policy shall be communicated to
al! employees within three weeks of its adoption and
at least annually thereafter.
SECTION 9-1610. POWER TO ADOPT MORE RESTRICTIVE
SMOKING POLICIES. Notwithstanding any other provisions of
this article~ any owner or operator of a public place o6
an employer who c~ntrols any place of employment repuiate,]
by this article~ may adopt policies relating to smoking
which are'more restrictive.than those provided herein.
SECTION 9-1611. POSTING OF SIGNS.
(a.__i) "Smoking" or "No Smoking" signs, whichever
are aoorooriate~ with letters of not less than one
inch in height o.r the international "No SmokinG"
symDo.1 (consisting of a pictorial reuresentation of a
premises which are required to post signs pursuant to
this section, such city de?artment shall also inspect
to see that the si~nin~ requirements of this section
have been complied with and shall issue a certificate
of compliance if compliance is found.
SECTION 9-1611. ENFORCEMENT.
,(a) Enforcement of this article shall b~
implemented by the City Manager or his desiqnee and
shall be undertaken solely at the discretion of th."
City Manager. Any citizen who desires to re~ister a
complaint under this article may initiate enforc~men~
with the City Manaqer or his designees.
(b) Any Person violating'the provisions of this
article shall reimburse the city for the cost of the
9olice or other enforcement a~ent of the city .
respondin~ t° the complaint and/or the v~olation
pursuant to fees set forth in the Master Fee
Resolution. A conviction or ~unishment of any person
for violation of the ~rovi-sions of this article shall
not release such person from the obligation to make
such reimbursement.
(c) Any violation of.the ~rov~sions of'this
article shall be punishable as an infraction.
Durin? the first, twelve months followin~ the
effective date of this article~ 'persons committin~
first' and second v~olations of any provision or
provisioas of this article shall .be issued warnings.
'Each subsequent violation.durin~ this'initial twelve
obligation for breach of which it is liable in money
damages to an oerson who claims that such breach
Proximately caused injury.
(_~' When the rovisions of this article are not
remedied b tit officials civil action a ainst the
cit is denied and the cit is absolved of an
res onsibilit to enforce and/or an liabilit for
failure to enforce.
SECTION 9-1613. NONRETALIATION. No uerson shal_~1
discharger refuse to hire~ or in any manner retaliate
against any employee or applicant for employment because
such employee or applicant exercises any rights afforde,~
by t-his article·
SECTION 9-1614 PUBLIC EDUCAT!ONi The City Manacer
continuing Pro,ram to exmlain and
clarify the purposes of this article to citizens affected
by it, and to Guide ooerators and employees in their
gompliance with it.
SECTION 9-1615 GOVERNMENTAL AGENCY.~EXCLUSION AND
COOPERATION· The terms and effect of this ordinance shall
not apply to any other governmental entity. The Cit,,
~anager shall annually request other governmental and
educational agencies having facilities within the city to
establish local operating procedures in cooperation
comsliance~with this article. The City Manager shall
Federal state,'CoUnt_v, and special school distr±ct
agencies to enforce their existing no smoking regulations
and to comply, voluntaril~ with this article.
.~ -
,!~" ~t~ REPORT TI~'IE CITY COUNCIL ~:M NO. 02/07/89 ~..
,I COUNCIL MEETING
/d~PROYED ~Y ,.
Februar~ Z, 1989
FROM: James £. £a[en, ChJe£ Deputy City Manager
SUBJECT: AMENDMENT TO THE FRESNO NUNICIPAL CODE REGARDING THE
SNOKING POLLUTION CONTROL ORDINANCE
BACKGROUND
l~hen staff presented to the City Council' the status report on'the
Smoking Pollution Control Ordinance, sta£f also presented
recommendations for modification to that ordinance. Council concurred
vJth these recommendations and directed staff to prepare such
modifications. These modifications have been prepared and are
attached for Council reviev and action. They provide as follovs:
1. Inclusion of food Balls under definition of a restaurant.
2. The provision of a "smokJn$ permitted" area ]n ~hat vould
othervJse be included as a no-smoking area in a public
place, provided that the area is adequately ventilated to
assure no smoke migration, no goods or services are
available in the smoking permitted area other than those
available through a vending machine, and the area must be
designated in all entrances and exits to such area as
"smoking Permitted".
3. An opportunity for non-profit organizations to petition
for exemptions to certain provisions of the Smoking
Pollution Control Ordinance, provided that the reason'for
the exemption "...mus~ include an overriding public
service which is separate from, and Jn addition to, the
impact of this o~dinance on revenue raised or any other .
aspect of operations." The City Manager vould hear such
petitions, and his decision is subject to appeal to the
City Council.
4. Smoking Jn employee lounges and areas of general assembl7
Could be permitted', but only Jf an'equal number of
_non-smoking lounges and areas of general assembly, ~Jth
equal amenities and accessibility,, are ,provided.
BILL NO.
INTRODUCED BY coUNcILIvfI:-MBER
ORD I NANC E NO . .'
AN ORDINANCS OF THE CITY OF FRESNO, CALIFORNIA,
A~NDING SUBSECTION .(h) OF SECTION 9-1B05 OF THE
FRJSNO MUNICIPAL CODE; ADDING SUBSECTION (d) TO
SECTION 9-1606 OF TH~ FRESNO MUNICIPAL CODE;
ADDING~ SUBSECTIO~ (e) TO SECTION 9-1606 OF TH]
FRESNO MUNICIPAL CODE; AI~NDING SUBSECTION (b) OF
S~CTION 9o1609 OF THH FRESNO MUNICIPAL CODE;
ADDING SUBSECTION (d) TO SECTION 9-1609 OF TH~
FRESNO MUNICIPAL CODE; AMENDING S~CTION 9o1611 OF
THE FRESNO MUNICIPAL CODE; AND AMENDING ..
SUBSECTION (c) OF SECTION 9'-1612 OF TH~ FRESNO
MUNICIPAL CODE RELATING TO SMO£ING IN PUBLIC
FLAC~So
THE COUNCIL OF THIi CITY OF FRESNO DOES .ORDAIN AS FOLLOWS:
SECTION 1. Subsection (h) of Section 9-1605 of~ the Fresno
Municipal Code is aaended to read:
(h) ,,Restaurant'' eeans any co~£ee shop,
cai~eteria, tavern, sandwich stand, soda ~ouncain,
private or public cafeteria, and any ocher ea~inf
es~abllsbnen~, orfantzation, club,, boardin8 house,
[~ood ~a11] or sues~ house, which o~ers ~ood ~or sale
~o ~he public, sues~s, pe~rons~ or enplo~ees.
$~CTION l. Subsec~ion (d) is added ~o Section 9-1606' o~ ~he
Fresno Municipal Code ~o read:
[(d) ~aokin~ nay be pernic~ed in an area ~hi~h,
would ,o~he~ise be defined as a public place i~, such
area is separated ~ro~ the rema'tnin~ publ, ic area,
adequately ventilated ~o assure ~ha~.smoke,will, no~
mi~race in'co areas designated as "no smoking" and
(4) A mechanism for resolving disputes
between employees In which the health concerns of
non-smokers shall ~ake precedence.
SECTION 5. Subsection (d) is added to Section g-1609 of ~he
Fresno Municipal Code to read:'
[(d) SmokinS in employee lounfes and areas
~f general assembly.in~ludinS conference rooms
and classrooms may. be permi.~ed~ provided ~ha~ an
employer say, upon revues~ by one. or sore
employees, desijnace one or. more employee lounses
as "smokin~ ~ermitted" only if "no smoking"
lounies? conference-rooms?.or classrooms, of
substantially e~ual size? number? accessibility
and 'amenities (includinj but not limited to?
seatinl~ vendtn~ machines and drink dispensers,
tables? audio and video equipment.) are also
provided.]~
SECTION 6. Section 9-1~11 of the Fresno Municipal Code is
amended to read~
SECTION 0-1611. POSTING OP SIGNS [,AND PROHIBITION OF
ASHTRAYS].
(a) "Smoking" or "No Smoking" signs, whichever
are appropriate, wi~h le~ers of no~ less ~han one
inch in height or the international"No Smoking"
symbol Cconsisting of a pictorial representation of a
burning cigarec~e enclosed in a red circle ~th a red.
bar across i~) shall be clearly and conspicuousl.~
posted zn every public place and · y place o£
general assembly by employees in a place o£
employment, where smok. ing is regulated by this
article, [and in sufficient number and location to
assure visibility in such places,] by the owner,
operator, aanager or other person having control o£
such place. For purposes of ~his article, the Chief
Administratiye Officer or his designee shall be
responsible for the posting of signs in regulated
facilities of the city.
('b) Every theater or auditorium owner., manaser
or operator shall conspicuously post signs in the
lobby s~ating tha~ smoking is prohibited within the
theater or auditorium, lncludin~ the lobby, and in the
case of ~otion picture theaters, such information
shall be sho~n upon ~he screen for at least five
~seconds prior to the shoeing of each feature sotion
picture.
(c) Ever~ restaurant shall infora its patrons,
verbally or by p~sttng at every entrance a conspicuous
sign, ~i~h let~ers of not less than one inch in
height, that a non-smoking sec~ion'is available.
Bvery patron shall be asked as ~o his or her
preference whenever a. host or hostess is available to
make an inquiry. The terms "host" and "hostess" $hall
include persons taking reservations by telephone.
(d) l~henever any ci.ty department conducts an
authorized building, fire and/or safety inspection o~'
SECTION 8. This ordinance shall become effective and Jn full
force and effect at lZ:O1 a.m. on the thirtyofjrst day after
its passage.
CLERK'S CERTI.FICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO. )
I, SACQUELINE L. RYLE, City Clerk of the City of Fresno,
certify that the foregoing ordinance was adopted by the Council
of the City of Fresno, California, at a regular meeting held on_
the day of .
JACQUELINE L. RYLE
City Clerk
By
Deputy
SKK:meb
Z7.$3F/40F
01/09/89
-7-
CITY COUNCIL REFERRAL~ o
MEETING OF: 01/30/91
REFERRED TO: LEGISLATIVE & LITIGATION COMMITTEE T THORNTON, L. LUNA
RDINI
ITEM: RECORD~ 7512
Senate Bill 169 - Operation Budget Freedom.
(Salvaggio)
ACTION .TAKEN BY COUNCIL:
REFERRED TO LEGISLATION AND LITIGATION COMMITTEE
WITH REPORT BACK AS SOON AS POSSIBLE.
BACKUP MATERIAL ATTACHED:, NO
DATE FORWARDED BY CITY CLERK: 02/01/91
STATUS'
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE.
NEWS ltlJLLETIN
Opera
Th~
League Of uudget
California Fre
edom
VOL. 7 JANUARY 17,' 1991
Cities' Goal Is In Sight: Senate SB 2557 Topic
Bill 169 Introduced This Week of Several Bills
Senate Bill 2557 is thc subject
Senator Dan Boatwright has introduced Senate Bill 169 which will re- of several bills introduced in
peal the portions of SB 2557 which adversely affects cities (counties' the early days of the 1991
authority to charge cities for booking prisoners and tax collection, and Legislative Session. The
property tax cuts for "no/low" dries) and enacts a permanent one- League Board of Directors will
year extension to thc VLF depreciation schedule to replace thc lost take formal positions on each
county funding. · during their meeting this week.
An enthusiastic Senator Boatwright stated he would be "honored" to Of thc eight bills, introduced'
author this bill for the League and cities to repeal this example of bad pertaining to SB 2557,'three
public policy. Counties have reason to fight for thc bill. The VLF deal exclusively with school
extension will more than replace lost funds from SB 2557; it will give · involvement,.thrcc repeal thc
them a long-term, stable funding source that will continue to grow booking fcc authority and one
and alleviates thc fighting between schools, cities and counties. · " repeals both thc booking fees
and the property tax admini-
stration charge authority.
· ;.~ . ....:'~.:.:;~.':':..
Call Your Legislator Today- Some of the authors have
indicated a willingness to
We Need Their Support ofmo~ ~h~ ~g~.on ~ ~
issue is debated .during the
SB 169_// session. I
Cities Have
~ .... -. ~.~.~ ,
E~ure P~sage ~' ~ ~fi°n:2~ifint SB 169 to yo~ m~ m~fion
of cities, school, sped~ d~ffi~ represenmt~eS~d ~o~~: '
Bo~d of SuperoL. (~you don't have a co~n ~et up,
Of SB 169 ~ ~ ~,'~a.~'~ h~p ~~ ~ ~o~). s~
~e pre~o~ nemle~e~ for rehted ~cle~ w~ch ~ ex-
was a t~e to ~ your le~la- ~ate~ commuffimte ~e 1o~ ~uppo~ fo[ th~ propo~ ~ .
to~, it ~ n~. ~k eve~ one of ~g to your ~la~om ~d G~emfW~n~.
your ~sem~ Membem ~d ~om you ~th lo~ ~uppo~ ~e ~y ~ he~d ~om you
Senator~ to suppo~ t~ ~t~ bffi. about the ~pa~ of SB ~57, we ~ho~d
Te~ them how much SB ~57 ~ get~g a repe~ ~d ~ repla~ment. .
cos~g yo~ why the cit~ens you ' '.
bo~ se~e ~ suffer ~d that ~' Te~ ~e ~o - ~t ~e ~a~e ~o~'a~ut ~e p°~i~on
suppo~ for SB 169 is the re~ of your Bo~d of Supe~so~ ~d yo~ ~atom on SB 169.
Get the suppo~ for SB 169 ~om solution to yo~ ne~ me~a ~d ~e~k e~to~uP~ ~or
your Bo~d of Supe~so~ and the concept. Adopt a re~olufion ~uppo~g~e idea
schoo~ represenm~es ~d te~ to generate ne~ ~emge. ~d ~ ~e ~menm ~duded
revenue~, it doesn't ~e it away
me~ ~ end to the 1o~ fi~t ............. ~ .....
~fo~~., ~pact of Govemoffs'BudgetOn
Governor's Solution to SB 2557
Sales T~ ~ you read ~ ~e he'paper, G-~mor
for ~e coming 18 mon~ ~clUd~ ~g
Loopholes h.~ ~d 1o~ men~ hefl~ pro~ from ~e
~d ~ ~ese pro~ ~ a res~mg'0f'~e"~.~'~early
$~ million ~ new ~ ~ ~ ~d ~ ~e r~m~-of .
sales m loopholes: m~ and ~e impact of ~ propo~ on SB 169, w~ch r~pe~.~ffiom of SB
pefiodimls.' ~ ~ me~ ~57 ~d e~en~ ~e ~ent ~ deprecation schedfle f0~ one year
abOut $1~ ~on ~ new reve- to replace co~ ~n~ ~ un~ h~er,'~'re optimistic that
nues fOr lo~ government. · SB 169 ~ be suc~. ~ ........
. . . .:. '-
VLF Exte n A Solution To SB 2557:
Here's How It Works
It is no secret to city'officials 2. Provide new revenues to clusion in this proposal. There
that one of the methods used backfill the county loss of reve- is also a number of very sound
by the State to balance its nue from this repeal by increas-policy arguments against the
budget for Fiscal Year 1990-91 ing the existing vehicle licenseauthority given to counties in
was the adoption of SB 2557 fee revenues and dedicate those SB 2557. Arguments for the
which gave counties the author-new revenues to county pro- League's proposal include:
ity to charge other local govern- grams. The increase would be ' ,.~';i~:,: ..... '.: :. ,~
ment entities for the collection accomplished by adjusting the 1. Vehicle License Fees are a
of property tax revenues and current depreciation schedule in Local Revenue Source. Origi-
fees for the booking of prison-the vehicle license fee law to re- naily vehicle license fees were
ers into county jails, quire the rate now paid in the levied by city and county gov-
first and second years to also be · ernments.a~ a personal prop-.
Many members of'the Legisla- paid in the third year. . erty tax on automobiles. It was
ture have agreed that this new taken over by~.the state and re-
authority is bad public policy This proposal.would produce distributed back to citi~ and
from a number of perspectives roughly $345 million in fiscal . countiea.in order.to achieve
and have indicated an interest year 1990-91 and would grow "unifol'lllity~ill administration
in repealing this county substantially in 1991-92. It does .-and collection on ~i'itatewide
authority, if a revenue source not in any way alter the current basis. In addition, in the.mid-
can be identified to backfill the revenues which cities receive 1980s, aconstitutl0n'~l/~iiiend-
revenue loss which counties from this source. The proposal ment was. adopted by the':"~: ·
would experience if this author- provides a new source of vehicle voters guaranteeing and pro-
ltv was repealed, license fee revenues above and tecting th~s rt~nueaa, a-¢ity
beyond the existing base of ci_ty and county revenue.0nlY:,:,The
The League has developed and county_ vehicle license feestate is preempted from "tak-
such a proposal which ad-' revenues, ing" this revenue and using it
dresses the concerns of these directly in the'state budget, In
legislative members; and, it will The estimated revenues to other words, thia proposal uses
be introduced shortly in.the counties from the property tax a local revenue sourc, o. for
Legislature. This. is an outline administration was approxi- local problem.,'",'.
of the proposal with the rea- mately $190 million (from all " .'-'~ .- ......
sons why it is a workable solu-local government entities) and Z There/s precedent for'Pm.
tion. $130 to 140 milliov from the posaL In the:early-.to-mid
"booking fees." / ~ you can see,1980s, the state extended the
Two Main Elements the proposal to i' .crease vehicle rate paid in the firs. t yiar of the
? Repeal all provisions of sB license fees would backfill virtu- vehicle license fee schedUle to
2557 (specifically including the ally an. identical amount, to that the second year Producing an
county authority for "booking lost by the counties when SB" inereme_in revenues for county
fees" and authority to charge 2557 is repealed. .. programs. ,Thi~.proposal ia
erty tax revenues), except those ' Arguments for the Proposal previous action. ':::': ~
provis!ons which give counties The vehicle license fee increase..- ..... , :~,,.
the authority to enact business ' in this proposal is not a random/ 3..'This is a "Stable, Growing
license taxes and utility user arbitrary choice. There are '" ..'. and Collectible" Source of
taxes in the unincorporated compelling arguments for its in-.Revenue. Theae desire, able ..-.
adjectives ali apply to the new interest groups in the state 7. A Stale Mtttttlttte: ?lterefore
vehicle license tees in the budget. There are no othex Cities CouM Get Rebnbume-
proposal, but do not apply to entities competing for these ment..The property admini-
the property tax administra- funds, stration and booking fee
tion and booking fee reve- authority in SB 2557 is no real
hues. There is a serious 5. Cottnties DO Not Have to' solution to the state budget.
question as to whether some Argtte with Other Agencies It is entirely a "circular"
entities will pay the fees. Locally. This proposal would financial solution and is
There 'are counties which reduce the tremendous acrimony therefore no solution at all.
have indicated that they may and fights which are now occur- The state gave counties the'
either delay Or forgo com- ring in the Board of Supervisors authority in SB 2557 in order
pletely the implementation of chambers across the State. to back state money out of
these fees. The authoritv county programs and fund
granted in SB 2557 is no{ a 6. Law Enforcement Cooperation other state, programs. The
very reliable source of reve- Destroyed. One of the most authority given counties
hue for the desperate finan- detrimental effects of this pro- results in estate-mandated
c/al situation of the counties, posal has been the steady and. cost to cities and other local ·
The League proposal offers unnecessary deterioration of governments. The amount
reliability, growth and col- cooperation between county paid by cities is reimbursable
iectability for the counties, sheriffs and city police depart- under the state constitution.
ments on a statewide basis over Cities can and will seek reim-
4. No Other Competitors in the booking fee debate. This bursement ~rom the state for-
the State Budget. Because the counterproductive debate does the amount of the charges
vehicle license fees are pro- not properly serve the citizens of which means in the end the
tected as a city and county the counties or cities who want. state saved/gained nothing
revenue, there will be no these criminal justice services to from this process. This hardly
battles with other local gov- work properly and efficiently, meets the need for krug-term,
eminent entities or other
structural reform to the state
budget. I
League of California Cities
Operation Budget Freedom Hotline
' 1400 K Street "
Sacramento, CA 95814
916/444-5790 ext. 225
i~ PAGE 1
Display 1991- Bill Text.- INFORMATION
BILL NUMBER: SB 169
BILL TEXT
INTRODUCED BY Senator Boatwright
JANUARY 14, 1991
An act to repeal Article 12 (commencing with Section 29950) of Chapter 2 of
Division 3 of Title 3 of the Government Code, to amend Sections 97 and
10753.2 of, to add Section 11001.5 to, and to repeal Section 97.43 of, the
Revenue and Taxation Code, relating to local government finance, making'an
appropriation therefor, and declaring the urgency thereof.
LEGISLATIVE COUNSEL'S DIGEST
.SB 169, as introduced, Boatwright. Local government: financing.
(1) Existing law authorizes counties to impose fees upon other local
agencies or colleges or universities for county costs incurred in processing
or booking persons arrested by employees of other local agencies or colleges
or universities and brought to county facilities-for booking or detention.
This bill would repeal this authorization.
(2) Existing law provides for the alloca'tion in each fiscal year.of
property tax revenues to local jurisdictions, and generally provides that each
jurisdiction shall be allocated an amount equal to the amount of property tax
revenue'allocated to that jurisdiction in the prior fiscal year, as modified.
Existing law requires, however, for purposes of property tax revenue
allocations for the 1990-91 fiscal year, that the amount of property tax
revenue deemed received bY a county in the prior fiscal year shall be
increased by property tax administrative costs attributable to incorporated
cities within that county, as determined by the county auditor according to
specified procedures, and authorizes, as specified, the county auditor to
determine property tax administrative costs proportionately attributable to
local jurisdictions other than the county or city and county, and cities, and
submit invoices to the relevant jurisdictions for those costs.
This bill would repeal these 1990-91 fiscal year provisions.
(3) Under existing property tax law, the auditor in each county with
qualifying cities, as defined, is required to make property tax revenue
allocations to those cities in accordance with a specified tax equity
allocation formula and to make corresponding reductions in the county's
property tax revenue allocation. Qualifying cities include generally those
cities which existed but did not levy a property tax in the 1977-78 fiscal
year and those cities which incorporated prior to June 5, 1987, and had a
PAGE. 2
Display 1991-1 Bill Text - INFORMATION
BILL NUMBER: SB 169
BILL T~XT
property tax allocation for the 1987-88 fiscal year which is less than an
amount which would have. been received by applying a specified tax rate to its
1987-88 assessed value.
Existing law prohibits, notwithstanding existing property tax.revenue
allocation provisions, a qualifying city from receiving in the 1990-91 fiscal
year a property tax revenueallocation which is greater than 90% of the
allocation received by that city in the 1989-90 ffscal year.' This bill would ~epeal this prohibition..
(4) Under existing law, revenues from vehicle license fees in excess of the
costs of collection are apportioned to the cities and counties according to a
specified formula.
Existing law provides for the annual depreciation of the market value of
vehicles for the purpose of determining the amount of the vehicle license fee.
This bill would make changes An the method of calculating the annual
depreciation for the purpose of determining the amount'of the vehicle license
fee.
This bill would provide that all additional money collected by the
Department of Motor Vehicles that is attributable to the changes in the method
of calculating the annual depreciation pursuant to this bill shall be
deposited in the State Treasury to the credit of the County Assistance Fund,
which would be created by the bill. It would appropriate the moneys in that
fund to the Controller for' allocation to counties pursuant to an unspecified
formula.
The bill would express the intent of the Legislature to further review and
determine the allocation of new revenue deposited in the County Assistance
Fund.
(5) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote= 2/3. Appropriation= yes. Fiscal committee= yes. State-mandated
local program= no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS=
SECTION 1. Article 12 (commencing with Section 29550) of Chapter 2 of
Division 3 of Title 3 of the Government Code is repealed.
PAGE 3
Display 1991 Bill Text -'INFORMATION
BILL NUMBERs SB 169
BILL TEXT
SEC. 2. Section 97 of the Revenue and Taxation Code is amended to read:
97. Except as otherwise provided in Sections 97.3, 97.32, 97.35, 97.37,
and 97.38 for the 1980-81 fiscal year and each fiscal year thereafter,
property tax revenues shall be apportioned to each jurisdiction pursuant to
this section and Section 97.5 by the county auditor, subject to allocation and
payment of funds as provided for in subdivision (b) of Section 33670 of the
Health and Safety Code, to each jurisdiction in the following manner:
(a) Except as provided in subdivision (b),.for each tax rate area, each
jurisdiction shall be allocated' an amount of property tax revenue equal to the
amount of property tax revenue allocated pursuant to this chapter to each
jurisdiction in the prior fiscal year, modified by any adjustments required by
Section 99 or 99.4.
(b) For each tax rate area, each special district shall be allocated an
amount of property tax revenue equal to the amount of property tax revenue
which would have been allocated pursuant to this chapter to such district in
the prior fiscal year if no adjustment had been made pursuant to Section 98.6.
This amount shall then be adjusted for the current year pursuank to Section
98.6.
(c) The difference between the total amount of property tax revenue and the
amounts allocated pursuant to subdivision (a) shall be allocated pursuant to
Section 98, and shall be known as the "annual tax increment."
(d) For purposes of this section, the amount of property tax revenue
referred to in subdivision (a) shall not include amounts generated by the
increased assessments under Chapter 3.5 (commencing with Section 75).
by ShOe eeeS~enT the amounS of pFopeFty tax pFeeumed Se have been
Feee~ved by She eounSy ~n She p~e~ yea~ oha~ be ~ne~eased by
~ The eud~SoF sha~ deSeL*m~ne She 5989-99 ~sea* yeaF peepe~Sy
e*~ee by add~n~ She ~989-99 ~*sea~ yea~ pFope~Sy Sax-~e*aSed eesSe
e~ the aeeeeee~ tax ee~eeSe~ and aud~Se~ ~ne*ud~n~ app*~eeb~e
adm~n~sS~aS~ve eye.head eesSe aa penn,teed by *edeea~ e~eu*a~ A-8~
s~andaFds7 and mu,~p~y*n~ ~he sum e~ ~heee umeun~e by ~he Fa~*e
e~ p~epe~Sy tax Fevenue Feee~ved by a~ ~neeepeFaSed e~t~ee d~v~ded'
by She SeSa~ p~epe~Sy ta~ Fevenue ~o~ a~ Loea~ ~u~ed~eS~ons ~n
the eeunSy ~o~ Shes f~sea~ yeast ~
~3~ The eeunSy sha~ uae the add*S~enaL Fevenue ~eee~ved pu~suanS
to ShOe subdivision easy Se ~und She aeSua~ eesSe o~ aseees~nOT
ee55eeS~nO~ and a~SoeaS~ng p~ope~y SaseeeT AS ~east enee each
~sea5 yeaF~ She eounSy aud~Se~ eha*~ ~epeFS She efaeunS of Shese
aeSua~ cease end a~ewab~e eve~head cease Se She ~eo~s~aS~ve body
and any eShee ~uF~ed&eS~on e~ peeeen Shat ~equeet She ~n~oL-maS~enT
To She exSenS Shes aeSua* cease ~e~ assese*no~ eo*~eet*nO~ and
a~oeaS~n~ p~opeFSy Sexes'p~ue a~owabSe eve~head cease a~e Sees
than She emounS deSeL-m~ned pu~euanS Se paragraph ,~T She eounSy
aud~teF eha~ appert*on She d~feFenee te each ~neeFpeFaSed e~ty aa
PAGE 4
Display 1991- Bill Text - INFORMATION
BILL NUMBER: SB 169
BILL TEXT
~4~ The eeuney may reea~nup ee ese-haLf e~ any ~nereased
p~epe~ey eoJe a~eeae~en ee which a ~u~ed~ee~en may be eeheL-w~ee
have berne an un~a~ and d~spFel~e~e~enaee paFe e~ ~he ~nane~a~
burden e~ essess~ng~ ee~eee~ng~ and a~eeae~n~ preperey
revenues ~e~ e~e~eaT Se ~s fu~eheF she ~neene e~ She ~eg~s~aeu~e
eense~uee eha~ges by a eeuney ~e~ She assessmene? ee~eee~en~ and
a~eea~en e~ pFeperey eeJees and sha~ nee e~eeed ~he aeeua~
~? The aud~eor may deeeL-m~ne She ~989-99 ~sea~ year
~ur~sd~ee~ens eeher ehan She eeuney eF e~ey and eeuney~ and'e~e~es?
ee~ee~er~ and aud~e~ ~ne~ud~ng app~eab~e 'adm~n~s~Fae~ve eveFhead
eases aa pe~*m~eeed by ~ede~a~ e~eu~a~ A-8~ seanda~ds~ and
mu~e~p~y~n~ She sum e~ Chose ameunes by She reeve e~ p~eperey
~evenue reee~ved by ~u~sd~ee~ens eeher ehan She eeuney~ e~ey and
eeuney~ .and e~e~es d~v~ded by She eeea~ preperey ~a,, reee~ved by
Heew~ehseand~n~ any eeher prevision e~ ~aw~ eh~s ameune may be
ea~eu~aeed for each f~sea~ year ~emmene~n~ w~eh She ~989-99
yea~ and She aud~eer may~ eemmene~n~ ~n ~sea~ .yea~
subm~e an ~nve~ee ee Chess ~u~sd~ee~ens ~oF services rendeeed
SEC. 3. Section 97.43 o~ ~he Revenue and Taxation Code is repealed.
~ua*~y~n~ e~ey sha~ nee reee*ve e p~e~e~ey ea,e Fevenue a~eeae~en
SEC. 4. Section 10753.2 o~ the Revenue and Taxa~£on Code is amended
~ead=
10753.2. (a) A~e~ de~erm£n£ng ~he cos~ p~£ce ~o ~he pu~chase~, aa
p~ovided in this a~ticle, the department shall classify eveL'y vehicle in its
p~ope~ class according rathe class£~£cation plan set ~o~th in this section.
(~) ~or ~he purpose o~ ~h£s pa~, a class£~£cation plan is established
consisting o~ the ~ollow£ng classes= a class ~om no dollars ($0) ~o and
including ~o~ty-nine dollars and ninety-nine cents ($49.99); a class ~rom
~£~ dollars ($50) ~o and £nclud£ng one hundred ninety-nine dollars and
ninety-nine cents ($199.99); and the~ea~e~ a seFies o~ classes successively
se~ up in brackets having a spread o~ two hundred dollars ($200), consisting
o~ such number o~ classes as w£11 perm£t class£~£ca~£on o~ all vehicles.
(c) The ma~et value o~ a vehicle ~or each regist~at£on yea~, starting
e£the~ the yea~ the veh£cle ~a8 ~£rst sold to a consume~ aa a new vehicle
2 PAGE 5
Display 199].- Bill Text - INFORMATION
BILL NUMBER= SB 169
BILL TEXT
the year the vehicle was first purchased or assembled by the person applying
for original registration in this state, shall be as follows~ for the first
year, 85 percent of a sum equal to the middle point between the extremes of
its class as established in subdivision (b) of this section~ for.the second
year, 85 percent of Such sum~ for the third year, ~e 85 percent of such
sum~ for the fourth year, SS 7--0 percent of such' sum~ for the fifth year,
49 5--5 percent of such sum~ for the sixth year, ~e 4_0 percent of such
sum~ for the seventh year, . ~S 3-0 percent of such sum~ for the eighth year,
}S 2-5 Percent of such sum~ for the ninth year, ~e 1__5 Percent of such
sum~ and for the 10th year sad each sueeeed&n~ year , ~ 10
percent of such sum~ and for the 11th year and each succeedin~ year,
~ ~ercent of such sum~ provided, however, that 'the minimum tax shall be
.the sum of one dollar ($1).
(d} Notwithstanding subdivision (c)r any vehicle subject to a
market value of 5 ~ercent o__f the sum prior t__o the effective date
of this act shall continue to be subject t__o ~ market valu__e o__f ~
percent o__f thi__s sum for the llth year and each succeedin~ year.
Notwithstanding the provisions of this subdivision, the market value of a
trailer coach first sold on and after January 1, 19'66, which is required to be
moved under permit as authorized in Section 35790 of the Vehicle Code, shall
be determined by the schedule in Section 10753.3.
SEC. 5. Section 11001.5 is added to the Revenue%and Taxation Code, to
read:
11001.5. (a) Notwithstanding Section 11001, all additional money collected
by the department under this part that is attributable to the amendment of
Section 10753.2 contained in the act adding this section shall be deposited in
the State Treasury to the credit of the CountyAssistance'Fund, which is
hereby created. It is the intent of the Legislature that all other moneys
collected by the department 'under this part. continue to be deposited to the
credit of the Motor Vehicle License Fee Account in 'the Transportation Tax Fund
and allocated to each city, county, and city and county as otherwise provided
by law.
(b) (1) Moneys in the County Assistance Fund are hereby appropriated to the
Controller for allocation to counties pursuant to the formula contained in
paragraph (2).
SEC. 6. It is the intent of the Legislature to further review and determine
the allocations of new revenue to counties deposited in the County Assistance
Fund.
SEC. 7. The Legislature finds and declares that. the enactment of this act
is consistent with the requirements of Section 15 of Article XI of the
California Constitution.
SEC. 8. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the meaning of
Article IV of the Constitution and shall go into L_-~_ediate effect. The facts
constituting the necessity are:
Counties face severe fiscal problems in providing basic public assistance,
public health, and justice programs that require additional revenues. In
order to implement the changes made by this act in the determination of
vehicle license fee allocations, it is necessary that this act take effect
~mmediately.