HomeMy WebLinkAboutAgenda Report - June 21, 1989 (52)Sz4
C O U N C I L C 0 M M U N I C A P 0 N
T0= THE CITY COUNCIL COUNCIL MEETING DATE:
FROM: THE CITY MANAGER'S OFFICE JUNE 21, 1989
SUBJECT: ADOPTION OF ORDINANCE N0. 1457 - AN ORDINANCE OF THE LODI CITY COUNCIL
PROHIBITING SMOKING IN CITY -OWNED FACILITIES
Ordinance No. 1457 - "An Ordinance Of The Lodi City Council Prohibiting Smoking in
City -owned Facilities" was introduced at the regular meeting of the Lodi City Council held
June 7, 1989.
Pursuant to State Statute, ordinances may be adopted five days after their introduction
following reading by title.
This Ordinance has been approved as to form by the City Attorney.
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the Lodi City
Council to adopt Ordinance No. 1457.
Alice M. Reimche
City Clerk
AMR:JJ
COUNCOMI
TXTA.02D
ORDINANCE NO. 1457
AN ORDINANCE OF THE LODI CITY COUNCIL
PROHIBITING SKKM M 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 facilities, 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, including places of
public assembly.
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 device utilizing
letters at
least one inch
high, posted in
a conspicuous place,
advising
that 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 i s 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 -owned outdoor facility, intended and utilized primarily
for recreational purposes, including parks and stadiums or
E
i
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
signs indicating that smoking is not permitted.
B. Jail or detention facilities in which arrestees, sentenced or
unsentenced prisoners are confined.
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C. Enclosed spaces in City -owned facilities designated by the City
Manager, and appropriately signed, allowing smoking.
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SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time i n the "Lodi
Nms Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this 21st day of June, 1989
JN R. 7DTF—
Mayoror ,
Attest :
AAT z
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reiniche, 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 June 7, 1989 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held June 21, 1989 by the following vote:
Ayes : Council Members - Olson, Reid and Snider (Mayor)
Noes : Council Members - Pinkerton
Absent: Council Members - Hinchman
Ab s to i n: Council Members - None
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I further certify that Ordinance No. 1457 was approved Ind signed by
the Mayer on the date of its passage and the same has Seen published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
ORD1457/TXTA.0IV
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ALICE M. REIMCHE
City Clerk