ORDINANCE NO. CCO-17-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MT. SHASTA AMENDING MUNICIPAL CODE CHAPTER 6 BY AMENDING CHAPTER 6.20, STRIKING CHAPTER 6.30, AND STRIKING CHAPTER 6.40.

The City Council of the City of Mt. Shasta does hereby ordain as follow:

Section 1. Chapter 6 of the Municipal Code is amended by amending Chapter 6.20 “SMOKING” to read as follows:

CH. 6.20

SMOKING CONTROL

6.20.010 Purpose

6.20.020 Definitions

6.20.030 Prohibition of Smoking

6.20.040 Cannabis Smoking

6.20.050 Where Smoking is Not Regulated

6.20.060 Exemptions

6.20.070 Smoke-Free and Smoking Districts

6.20.080 Sign Posting

6.20.090 Penalties and Enforcement

6.20.010 Purpose

The purposes of this chapter are to:

(A) Protect the public health, safety, and general welfare by prohibiting smoking in public places under circumstance where other persons will be exposed to second-hand smoke

(B) Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes,

(C) Recognize the right of residents and visitors to the City to be free from unwelcome second-hand smoke.

6.20.020 Definitions

Within this chapter, the following definitions shall apply:

(A) “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered

(B) “Electronic Smoking Device” means any product containing or delivering nicotine, cannabis, or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.

(C) “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity

(D) “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.

(E) “Enclosed Area” means:

1. Any covered or partially covered area having more than 50% of its perimeter walled or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or

2. Any space open to the sky (hereinafter “uncovered”) having more than 75% of its perimeter walled or otherwise closed to the outside such as, for examples, a courtyard;

3. Except that an uncovered space of three thousand (3,000) square feet or more is not an Enclosed Area, such as, for example, a field in an open-air arena

(F) “Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the again or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

(G) “Hookah” means a water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter.

(H) “Place of Employment” means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms. Employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.

(I) “Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that have been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on City of Mt.

Shasta grounds

(J) “Public Event” means an event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.

(K) “Public Place” means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gambling facilities, health care facilities, hotels and motels, laundromats, parking structures, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.

(L) “Recreational Area” means any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to, amusement parks, athletic fields, beaches, fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools, trails, and zoos.

(M) “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for service elsewhere. The terms “restaurant” shall include a bar area within a restaurant.

(N) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, cannabis, or plant product intended for inhalation, including hookahs, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates aerosol or vapor, in any manner or in any form, of the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter.

6.20.030 Prohibition of Smoking

Smoking shall be prohibited in the following spaces:

(A) All enclosed public places within the City Limits of the City of Mt. Shasta, including but not limited to:

1. Galleries, libraries, and museums

2. Private and semi-private nursing homes rooms

3. Child care and adult day care facilities

4. Educational facilitates, both public and private

5. Elevators

6. Hotel and motel rooms designated as “nonsmoking” or “smoke-free”

7. Parking Structures

8. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities

9. Restaurants

10. Restrooms

11. Chambers, rooms, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee, or council of the City of Mt. Shasta or a political subdivision of the State of California

(B) All enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

(C) In, and within 20 feet of an outdoor restaurant seating area.

(D) In outdoor recreational areas

(E) In City owned parking lots

(F) In, and within 20 feet of, all outdoor playgrounds

(G) In, and within 20 feet of, all outdoor public events

(H) In, and within, City of Mt. Shasta designated Smoke Free District

(I) Areas where smoking is prohibited by State law

6.20.040 Cannabis Smoking

In addition to the prohibited areas listed in MSMC 6.20.030, cannabis and cannabis related smoking products, including electronic device usage, is prohibited in public places and recreational areas within the City limits of the City of Mt. Shasta.

6.20.050 Where Smoking is Not Regulated

Notwithstanding any other provision of the chapter to the contrary, smoking shall not be prohibited in or on private residences, unless used as a childcare, adult care, or health care facility.

6.20.060 Exemptions

Notwithstanding the prohibition of MSMCS 6.20.030, smoking can be permitted, upon written directive of the City Manager, for the purposes of special social events; provided, however, that the City Manager must give prior notice of such directive to the City Council, and shall cause the premises to be posted accordingly, for the event.

6.20.070 Smoke-Free and Smoking Districts

A. A Smoke-Free or Smoking District can be created for the purpose of permitting or prohibiting smoking in special areas.

B. A Smoke-Free or Smoking District can be developed or amended through the City of Mt. Shasta Planning Commission, which is subject to final approval from the City Council of the City of Mt. Shasta.

C. The Planning Department of the City of Mt. Shasta shall maintain a current Smoke-Free or Smoking District map for public use and distribution.

D. An appeal to the Planning Commission decision concerning Smoke-Free and Smoking District formation and amendments can be filed pursuant Chapter 18.32 of the Mt. Shasta Municipal Code.

E. The Smoke-Free or Smoking District will take effect 30 days after the City Council final approval. Notification of the district spatial extent and rules must be mailed to all available property owners in the district prior to the district taking effect.

6.20.080 Sign Posting

Vertical “No Smoking” signs or the international no smoking symbol, no larger than seven inches by ten inches, can be conspicuously posted and maintained by the person, employer, business, or nonprofit entity who or which has legal or de facto control of a place in which smoking is prohibited by this chapter and shall be placed at each point of ingress to the area, and in at least one other conspicuous point within the area. Signage required by this subsection shall not be subject to Chapter 8 “Signs”. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.

6.20.090 Penalties and Enforcement

A. Violation of this chapter shall constitute an infraction, and shall be punished in the manner as specified, at the time of violation, in Cal. Gov’t Code § 36900, or any successor statute which specifies the penalties of infractions.

B. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel public enforcement of this chapter against private parties.

C. Nothing herein shall prevent a person who violates this chapter from, in the alternative, being charged with and convicted of a misdemeanor or felony under any other applicable provision of the California Penal Code or other local, County, State, or Federal law or regulation.

Section 2. Chapter 6 of the Municipal Code is amended by striking Chapter 6.30 “CIGARETTE VENDING MACHINES” in its entirety.

Section 3. Chapter 6 of the Municipal Code is amended by striking Chapter 6.40 “PUBLIC SMOKING OF MARIJUANA”

PASSED, APPROVED, AND ADOPTED this 27th day of February, 2017.

AYES: 5, Engstrom, Stearns, Stackfleth, Wagner, Morter

NOES: 0

ABSENT: 0

ABSTAIN: 0

ATTEST:

Kathryn M. Wilson, Deputy City Clerk

CITY OF MT. SHASTA

Kathy Morter, Mayor

APPROVED AS TO FORM:

John Sullivan Kenny, City Attorney

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