HomeMy WebLinkAboutORD-16-1367 (SMOKING BAN)2
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ORDINANCE NO. 16-1367
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING CHAPTER 8.40 OF THE HERMOSA BEACH MUNICIPAL
CODE TO ESTABLISH A CITYWIDE SMOKING BAN IN OUTDOOR
PUBLIC PLACES AND AMENDING SECTION 8.40.010 OF CHAPTER
8.40 OF THE HERMOSA BEACH MUNICIPAL CODE TO INCLUDE
EMISSIONS FROM ELECTRONIC SMOKING DEVICES IN THE
DEFINITION OF "SMOKING"
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.40.010 of Chapter 8.40 (Smoking) of Title 8 (Health and Safety)
of the Hermosa Beach Municipal Code is hereby amended to read as follows:
Section 8.40.010 Smoking defined.
The following words and phrases, whenever used in this chapter, shall be construed as defined in
this section:
"Electronic Smoking Device" means an electronic device that can be used to deliver an
inhaled dose of nicotine, or other substances, including any component, part, or accessory of such
device, whether or not sold separately. This definition includes any such device, whether
manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an
electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or
descriptor, including any component, part or accessory of such device, whether or not sold
separately. Electronic smoking device does not include any product specifically approved by the
United States Food and Drug Administration for use in the mitigation, treatment, or prevention of
disease, where such product is marketed and sold solely for such an approved purpose.
"Employee" means any person who is employed or retained as an independent contractor
by any employer in consideration for direct or indirect monetary wages or profit, or any person
who volunteers his or her services for an employer.
"Employer" means any person, partnership, corporation, association, nonprofit or other
entity whom or which employs or retains the services of one or more employees.
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"Outdoor Dining Area" means any unenclosed area located on private or public property
made available to or customarily used by the general public that is designed, established or
regularly used for consuming food and/or beverages, or where food or beverages are served
whether or not for compensation. This includes but is not limited to restaurants, hotels, bar
standing and seating areas, cafeterias, clubs, luncheonettes, taverns, cocktail lounges, sandwich
stands, soda fountains, cafes and coffee shops.
"Outdoor Place of Employment" means any unenclosed area under the legal or de facto
control of an Employer that an employee or the general public may enter in the normal course of
operations, but regardless of the hours of operation.
"Public Place" means any indoor or outdoor public place, including, but not limited to, any
public buildings, streets, sidewalks, plazas, beaches, bus shelters, parking lots, parks, picnic areas,
piers, playgrounds, sports fields, walking paths, hiking trails, bike paths, and outdoor skateboard
parks. "Public Place" includes any place being used for a public event, including but not limited to
a farmer's market, parade, craft fair, festival, or any other event open to the general public.
"Smoking" means the release of gases, particles, or vapors into the air as the result o
combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning or carrying any
lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or
any plant product intended for human inhalation.
SECTION 2. Section 8.40.010 of Chapter 8.40 (Smoking) of Title 8 (Health and Safety)
of the Hermosa Beach Municipal Code is hereby amended to read as follows:
8.40.020 Prohibition of smoking in public places.
A. In addition to all places where smoking is prohibited under state or federal law, in
which case those laws apply, no person shall smoke in, and smoking areas shall not be established
or designated in, all of the following areas:
1. Outdoor Dining Areas;
2. Public Places;
3. Outdoor Places of Employment;
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4. All city -owned vehicles; and
5. Within five (5) feet of the entrance, divider, opening or doorway to any outdoor
dining area where smoking is prohibited by this chapter.
B. No employer, owner, operator, manager, employee or other person having control
of a place of employment or a public place shall knowingly permit smoking in an area in which
smoking is prohibited by law. This paragraph does not require the physical ejection of any person
from the business or the taking of steps to prevent smoking under circumstances that would
involve a significant risk of physical harm.
C. No employer, owner, operator, manager, employee or other person having control
of an outdoor dining area, restaurant, snack shop or alcohol beverage establishment (on -sale) shall
place matchbooks or ashtrays on tables or otherwise make matchbooks, matches, ashtrays or
receptacles for smoking waste available to patrons.
D. Nothing in this chapter prohibits any person or employer with legal control
any property from prohibiting smoking on any part of such property, even if smoking is
otherwise prohibited in that area.
SECTION 3. Section 8.40.050 of Chapter 8.40 (Smoking) of Title 8 (Health and Safety)
of the Hermosa Beach Municipal Code is hereby amended to read as follows:
8.40.050 Violations of smoking regulations.
Violations of the provisions of this chapter shall be an infraction enforceable as provided in
Chapter 1.04.
SECTION 4. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the
Guidelines), and the environmental regulations of the City. The City Council hereby finds that
under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the
requirements of CEQA because it can be seen with certainty that the provisions contained herein
would not have the potential for causing a significant effect on the environment.
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SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance or the application thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the final decision of any court of competent jurisdiction, the
remainder of this Ordinance shall remain in full force and effect.
SECTION 6. The City Council designated the City Attorney to prepare a summary of this
ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text
of said ordinance. The City Clerk caused said summary to be published on August 18, 2016 [five
(5) days before the adoption of the ordinance] in the Easy Reader, a weekly adjudicated newspaper
of general circulation, published and circulated in Hermosa Beach. Prior to the expiration of
fifteen (15) days after the date of adoption of the ordinance, the City Clerk shall cause the
summary to be re -published in the Easy Reader.
SECTION 7. The City Clerk shall certify to the passage of this Ordinance, shall enter the
same in the book of original ordinances of said city, and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
PASSED, APPROVED and ADOPTED this 23rd day of August, 2016 by the following vote:
AYES: Armato, Duclos, Massey, Petty, Mayor Fangary
NOES: None
ABSENT: None
AB TAIN: None
I" ��' —77-1�'
ESI ENT o the City Cou&A[AtAIAXOR of the City of Hermosa Beach, California
ATTEST:
City Clerk
APPROVED AS T ORM:
City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 13-1367 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 23rd day of August, 2016, and
the Ordinance will be published in the Easy Reader on September 1, 2016.
The vote was as follows:
AYES:
Armato, Duclos, Massey, Petty, Mayor Fangary
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: August 23, 2016
L'x- lc�� o Ep
Elaine Doerfling, City Clerk