HomeMy WebLinkAbout2013-09-09 Ordinance 5207follows:
Ordinance No. 5207
Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.14 (Smoking And Tobacco Regulations) of the Palo
Alto Municipal Code to Establish New Smoking Restrictions for All Parks;
Increase No-Smoking Buffer Zones from 20 to 25 feet for Consistency
with LEED Standards; and Make Findings Regarding the Purpose of No-
Smoking Regulations '
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declaresas
(a) That the adoption of this Ordinance is necessary to protect the public
health, safety and welfare for each of the reasons set forth in amended section 9.14.005. The
purposes of this Ordinance are to ban smoking in Palo Alto parks in order to protect visitors
from the risks of second hand smoke, reduce litter and enhance enjoyment of park facilities;
increase no-smoking buffer zones from 20 to 25 feet, consistent with Leadership in Energy and
Environmental Design (LEED) standards; and make findings regarding the purpose of no-
smoking regulations.
SECTION 2. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.005 Purpose:
9.14.005 Purpose.
Jhe purpose ofthis Chapter is to:
(a) Protect the public health, safety and general welfare by prohibiting
smoking in public parks, public places, service locations, city pool cars, child day care facilities,
and some unenclosed eating establishments.
(b) Ensure a cleaner and more hygienic environment within the city, reduce
litter, and protect the City's natural resources, including creeks and streams.
(c) Enhance the welfare of residents, workers, and visitors by reducing
exposure to second hand smoke, which studies confirm can cause negative health effects in
non-smokers.
(d) Balance the needs of persons who smoke with the needs of nonsmokers,.
including children and youth, to be free from the discomforts and health threats created by
exposure to second-hand smoke.
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SECTION 3. Section 9.14.010 of Chapter 9.14 ofthe Palo Alto Municipal Code
is hereby amended to read as follows:
9.14.010 Definitions ..
The following words and phrases, whenever used in this chapter shall be
construed as defined in this section:
(a) "Bar" means an area which is devoted to serving alcoholic beverages and
in which serving food is only incidental to the consumption of such beverages. "Bar" shall
include bar areas within eating establishments which are devoted to serving alcoholic
beverages and in which serving food is only incidental to the consumption of such beverages.
(b) "City pool car" means any truck, van or automobile owned by the city and
operated by a city employee. City pool car does not include vehicles operated by the police
department.
(c) "Eating establishment" means a coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich shop, soda fountain, restaurant, or other establishment serving food to
members of the public.
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(d) "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
(e) "Employee eating place" means any place serving as an employee
cafeteria, lunchrooms, lounge, or like place.
(f) "Employer" means any person who employs the services of an individual
person or persons.
(g) "Enclosed" means either closed in by a roof and four walls with
appropriate openings for ingress and egress or not open to the sky due to a cover or shelter
consisting of a tarpaulin, tent structure or other impermeable or semi-permeable materials or
fabric.
(h) "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(i) "Public places" means enclosed areas within publicly and privately owned
buildings, structures, facilities, or complexes that are open to, used by, or accessible to the
general public. Public places include, but are not limited to, stores, banks, eating
establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums,
enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
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facilities), automotive service centers, general business offices, nonprofit _entity offices and
libraries. Public places further include, but are not limited to, hallways, restrooms, stairways,
escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout
stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture
rooms, buses, or other enclosed places that are open to, used by, or accessible to the general
public.
(j) IIService locationsll means those enclosed or unenclosed areas open to,
used by, or accessible to the general public that are listed below:
(1) Bus, train and taxi shelters;
(2) Service waiting areas including, but not limited to, ticket or service lines,
public transportation waiting areas, and public telephones;
(3) Areas within twenty-five feet ofthe entrance or exit to an enclosed public
place, except when the public place is closed, between ten p.m. and six a.m., or when the
entrance or exit is for the exclusive use of employees and not accessible to the general public;
(4) Areas in dedicated parks or other publicly accessible areas that are within
twenty-five feet of bleachers, backstops, or play structures.
(k) IISmokingll means the combustion of any cigar, cigarette, tobacco or any
similar article.
(I) IITobacco productll means any substance containing tobacco leaf, .
including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.
(m) IITobacco storell means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is incidental.
(n) IITobacco vending machinell means any electronic or mechanical device
. or appliance the operation of which depends upon the insertion of'money, whether coin or
paper bill, or other thing representative of value, which dispenses or releases_a tobacco product
andlor tobacco accessories. I
(0) IIWorkplacell means any enclosed area of a structure or portion thereof
used as a place of employment.
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