HomeMy WebLinkAboutAgenda Report - June 7, 1989 (47)t
C U U N C f L COMMUNICATION
T0: THE CITY COUNCIL COUNCIL MEETING DATE
FROM: THE CITY MANAGER'S OFFICE JUNE 7, 1989
SUBJECT: PROPOSED ORDINANCE OF THE LODI CITY COUNCIL PROHIBITING SMOKING
IN CITY -OWNED FACILITIES
PREPARED BY: City Attorney
BACKGROUND INFORMATION: Pursuant to the direction of the City Council at the
meeting of MaJ 17, 1989, the "No Smoking" ordinance
(attached) has been modified to apply to all City -
owned buildings and facilities except outdoor facilities utilized primarily
for athletics or entertainment. All indoor facilities and enclosed spaces
would be included unless the location has been designated by the City Manager
and appropriate signs posted, indicating that smoking is allowed.
It would include all buildings at Hutchins Street Square, restrooms in parks
and stadiums, and other similar enclosed spaces in City facilities.
Respectfully submitted,
BOB McNATT
City Attor,iey
BM:vc
CCSM0KE/TXTA,01V
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ORDINANCE NO. 1457
AN ORDINANCE OF THE LODI CITY COUNCIL
PROHIBITING SMOKING IN CITY -OWNED FAC LITIES i
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: j
SECTION 1. A new chapter i s hereby added to the Lodi Municipal
Code prohibiting smoking in City -owned facilities, and shall read as
t
f o I l ows :
s
§ Definitions.
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1. "Ci-cy-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, including places of
public assemblv.
2. "Enclosed space" shall mean any space contained within a roof and
walls on a I I sides, normally used for human habitation or
occupation.
3. "Sign" shall mean a dewi:2 utilizing
letters at
least cne inch
high, posted in
a conspicuous place,
advising
that smoking is
allowed within a
room or space i n which
such sign
is posted.
4. "Smoke" or "Smoking" shall mean the inhaling, exhaling, lighting,
burning, or carrying of any lighted cigar, cigarette, pipe,
-I-
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.
?his ordinance shall not apply to:
A. Any City -owned outdoor facility, intended and utilized primarily
for recreational purposes, including parks and stadiums or
similar places where members of the public assemble to engage in
or witness athletic competitions or entertainment events.
However, smoking in such locations or facilities as designated by
the City Manager may be prohibited by posting of appropriate
s
signs indicating that smoking is not permitted.
B. Jail or detention facilities in which 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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a
SECTION 2. AI I ordinances and parts of ordinances i n conflict x
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' 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 h21d 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. was approved and signed by the
Mayor on the date of its passage and the same has been published
pursuant to law.
Approved a s to Form
�Lk LV' t _
BOBBY W. McNATT
City Attorney
ORD1457/TXTA.0IV
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ALICE M. REIMCHE
City Clerk