HomeMy WebLinkAboutAgenda Report - May 17, 1989 (51)1. 1
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C O U N C I L COMM LIN ICATION
TO: THE CITY COUNCIL COUNCIL MEETING DATE
FROM: THE CITY MANAGER'S OFFICE MAY 17, 1989
SUBJECT: PROPOSED ORDINANCE OF THE LODI CITY COUNCIL PROHIBITING
SMOKING IN Cf1Y-OWNED FACILITIES
PREPARED BY: City Attorney
RECOMMENDED ACTION: Consider introduction of proposed ordinance
prohibiting smoking in City -owned facilities.
BACKGROUND INFORMATION: At the direction of the Council, the attached draft
of an ordinance has been prepared, which would
implement a "no smoking" rule for City -owned
buildings or facilities. Although there has already been a policy put in place
regarding smoking in City Hall, this ordinance would expand that policy to a17
City -owned facilities, including but not limited to City Hall, the Carnegie
Forum, Police Department, Fire Department, Municipal Service Center, and Parks
and Recreation faci li ty.
It would not apply to those City facilities use,! for recreational purposes or
exhibit halls, or other places where the public regularly assembles.
The ordinance also empowers the City Manager to designate specific areas in
City facilities in which smoking shall be allowed.
It is anticipated tnat voluntary compliance will be obtained in most cases,
but citations mzy be issued for flagrant or repeated violations by either
employees or those members of the public present in such facilities.
No attempt Has made to regulate smoking in other public places not owned by
the City, or in any private business or property.
Respectfully submitted,
BOB McNATT
City Attorney
BM:vc
SMOKECC/TXTA.OIV
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ORDINANCE NO. 1457
AN ORDINANCE OF THE LODI CITY COUNCIL
PROHIBITING SMOKING IN CITY -OWNED FACILITIES
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. A new chapter is hereby added to the Lodi Municipal
Code prohibiting smoking in City -owned facil,ties, and shall read as
follows:
§ Definitions.
1. "City -owned building or facility" shall mean any and all
structures owned or under the control of the City of Lodi,
customarily used for municipal purposes and occupied primarily by
employees of the City.
2. "Enclosed space" shall mean any space contained within a roof and
walls on all sides, normally used for human habitation or
occupation.
3. "Sign" shall mean a &;vice utilizing letters at least one inch
high, posted in a conspicuous place, advising thit smoking is
allowed within a room or space in which such sign is posted.
4. "Smoke" or "Smoking" shall mean the inhaling, exhaling, lighting,
burning, or carrying of any lighted cigar, cigarette, pipe,
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tobacco product or other vegetable material customarily burned
for the ingestion of the smoke produced thereby.
§ Prohibition of smoking in public building or facilities.
It shall be unlawful for any person to smoke any cigar,
cigarette, pipe, tobacco product or similar substance within any
enclosed space located in any City -owned building or facility, whether
or not such space is open to the public, unless appropriate signs are
posted designating such space to be a "smoking permitted" area.
§ Exceptions.
This ordinance shall not apply to:
A. Any City facility intended and utilized primarily for
recreational purposes, including parks, stadiums, exhibit halls,
or similar places where members of the public assemol a to engage
in or w=tness athletic competitions or entertainment events.
However, nothing in this section )all prohibit the posting of
appropriate signs in such locations indicating that no smoking is
permitted.
B. Jail or detention facilities in Aich arrestees, sentenced or
unsentenced prisoners are confined.
C. Enclosed spaces in City -owned facilities designated by the City
Manager, and appropriately signed, allowing smoking.
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SECTION 2. AI I ordinances and parts of ordinances i n conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time i n the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published i n the City of Lodi and shall be i n force and take effect
thirty days from and after its passage and approval.
Approved this day of
JOHN R. SNIDER
Mayor
Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
(,Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1457 was introduced at a regular meeting of the City
Council of the City of Lodi held May 17, 1989 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held by the following vote:
Ayes : Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
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I further certify that Ordinance No. 1457 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
ORD1457/TXTA.01V
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ALICE M. REIMCHE
City Clerk