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HomeMy WebLinkAbout2005-083 Public Smoking prohibited ORDINANCE NO 2005-83 AN ORDINANCE An Ordinance relating to public safety; prohibiting smoking on any "public place" or "place of employment ", requiring owners or lessees to post signs and designate boundaries, providing that violations of this chapter shall constitute a civil infraction, and adding a new chapter to Title 6 of the Yakima Municipal Code WHEREAS, the people of the State of Washington recognize that exposure to second -hand smoke is known to cause cancer in humans Second- hand smoke is a known cause of other diseases including pneumonia, asthma, bronchitis, and heart disease Citizens are often exposed to second -hand smoke in the workplace, and are likely to develop chronic, potentially fatal diseases as a result of such exposure In order to protect the health and welfare of all citizens, including workers in their places of employment, it is necessary to prohibit smoking in public places and workplaces, and WHEREAS, Initiative 901 was approved by more than 63% (sixty three percent) of the voters in the November 2005 election, and WHEREAS, local law enforcement agencies are required to enforce certain provision of Initiative 901, and WHEREAS, Initiative 901 went into effect on December 8, 2005, and WHEREAS, it is in the best interest of the citizens of the City of Yakima that ordinances relating to public safety be amended as set forth in this Ordinance, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 New Chapter A new chapter is added to "Title 6, Public Safety and Morals," of the Yakima Municipal Code to read as follows Ordinance/ Initiative 901 / cim /Page 1 of 6 Chapter 6 80 CLEAN INDOOR AIR ACT Sections 6 80 010 Definitions 6 80 020 Smoking Restricted 6 80 030 Owners, lessees to post signs prohibiting or permitting smoking -- boundaries to be clearly designated 6 80 040 Intent of chapter as applied to certain private workplaces 6 80 050 Intentional violation of chapter -- Removing, defacing, or destroying required sign -- Fine -- Notice of infraction- - Exceptions-- Violations of YMC 6 80 020 or 6 80 030- - Subsequent violations - -Fine 6 80 060 Presumptively reasonable distance 6 80 070 Local regulations authorized 6 80 080 Penalty assessed under this chapter paid to City of Yakima 6 80 090 Captions not law 6 80 100 Severability 6.80 010 Definitions As used in this chapter, the following terms have the meaning indicated unless the context clearly indicates otherwise (1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. (2) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in section 6 of this act, of twenty -five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises Public places include, but are not limited to Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, education facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent Ordinance /Initiative 901 /cim /Page 2 of 6 hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no Tess than seventy -five percent of the sleeping quarters within a hotel or motel that are rented to guests A public place does not include a private residence This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public. (3) "Place of employment" means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to Entrances and exits to the places of employment, and including a presumptively reasonably minimum distance, as set forth in section 6 of this act, of twenty -five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited, work areas, restrooms, conference and classrooms, break rooms and cafeterias, and other common areas A private residence or home -based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment. 6.80 020 Smoking Restricted No person may smoke in a public place or in any place of employment. 6.80.030 Owners, lessees to post signs prohibiting or permitting smoking- - Boundaries to be clearly designated Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and shall post signs prohibiting smoking as appropriate under this chapter Signs shall be posted conspicuously at each building entrance In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place 6.80 040 Intent of chapter as applied to certain private workplaces This chapter is not intended to regulate smoking in a private enclosed workplace, within a public place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the chief of the Washington state patrol, through the director of fire protection, or by other law, ordinance, or regulation Ordinance /Initiative 901 /cim /Page 3 of 6 6 80 050 Intentional violation of chapter -- Removing, defacing, or destroying required sign -- Fine -- Notice of infraction-- Exceptions- - Violations of YMC 6 80.020 or 6.80 030 -- subsequent violations- - Fine (1) Any person intentionally violating this chapter by smoking in a public place or place of employment, or any person removing, defacing, or destroying a sign required by this chapter, is subject to a civil fine of up to one hundred dollars Any person passing by or through a public place while on a public sidewalk or public right of way has not intentionally violated this chapter Local law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions The provisions contained in chapter 46 63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this subsection except as follows (a) The provisions in chapter 46 63 RCW relating to the provision of records to the department of licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and (b) The provisions in chapter 46 63 RCW relating to the imposition of sanctions against a person's driver's license or vehicle license are not applicable to this chapter The form for the notice of infraction for a violation of this subsection shall be prescribed by rule of the Supreme Court. (2) When violations of YMC 6 80 030 occur, a warning shall first be given to the owner or other person in charge Any subsequent violation is subject to a civil fine of up to one hundred dollars Each day upon which a violation occurs or is permitted to continue constitutes a separate violation (3) Local health departments shall enforce YMC 6 80 030 regarding the duties of owners or persons in control of public places and places of employment by either of the following actions (a) Serving notice requiring the correction of any violation, or (b) Calling upon the city attorney or local health department attorney to maintain an action for an injunction to enforce YMC 6 80 030, to correct a violation, and to assess and recover a civil penalty for the violation Ordinance /Initiative 901 /cim /Page 4 of 6 6 80 060 Presumptively reasonable distance. PRESUMPTIVELY REASONABLE DISTANCE. Smoking is prohibited within a presumptively reasonable minimum distance of twenty -five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means Owners, operator, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty -five feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or place of employment is located The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance 6.80 070 Local regulations authorized The Yakima Fire Department may adopt regulations as required to implement this chapter 6.80 080 Penalty assessed under this chapter paid to City of Yakima If the City of Yakima brings an action under this chapter, any penalty assessed and recovered shall be paid to the City of Yakima as authorized in RCW 70 160 100 6 80.090 Captions not law Captions used in this act are not any part of the law 6.80.100 Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter Ordinance /Initiative 901/am/Page 5 of 6 PASSED BY THE CITY COUNCIL, signed and approved this 13th day of December, 2005 6?;i_zie Lt ATTEST Paul P George, Mayor City Clerk Publication Date 12 -16 -2005 Effective Date 1 -15 -2006 Ordinance /Initiative 901 /cirn /Page 6 of 6 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of 12/13/05 ITEM TITLE An Ordinance relating to public safety; prohibiting smoking on any "public place" or "place of employment ", requiring owners or lessees to post signs and designate boundaries, providing that violations of this chapter shall constitute a civil infraction, and adding a new chapter to Title 6 of the Yakima Municipal Code SUBMITTED BY Cynthia Martinez, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE Cynthia Martinez, 575 -6033 SUMMARY/EXPLANATION Initiative 901 was approved by over 63% (sixty three percent) of the voters in the November 2005 election and went into effect on December 8, 2005 The Initiative amends the Washington Clean Indoor Air Act found at RCW chapter 70 160 The amendments expand the Act by prohibiting smoking on any "public place" or "place of employment" and requiring owners or lessees to post signs and to designate clear boundaries The Initiative mandates that local law enforcement enforce certain provisions of the Act. Violations constitute a civil infraction with a maximum penalty of $100 00 (one hundred dollars) Initiative 901 is an unfunded mandate and the fiscal impact is unknown Resolution Ordinance x Other (Specify) Contract Mail to (name and address) Phone Funding Source N/A APPROVED FOR SUBMITTAL. �ti� � City Manager STAFF RECOMMENDATION. Pass ordinance BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005-83 Ordinance /Initiative 901 /am