TO:FROM:City CouncilInterim City ManagerCity Clerk
Gregory P.Einhorn, City Attorney
SUBJECT: Proposed Ordinance to Regulate Smoking
DATE:November 15, 2011
BackgroundAt its October 17, 2011 regular meeting,the Council was presented with a draft ordinance by a group
Orland High School students with Students Working Against Tobacco. The Council requested staff
review thedraft ordinance,set forth the key provisions, and receive Council direction.At its November
2011 regular meeting,the Council heard comments from the public and provideddirection to prepare an ordinance for consideration
directed towards reducing secondhand smoke;there are general findingsconcerning secondhand smoke health and financial impacts.b.The measure would prohibit smoking (1) less than 20 feet from any "entryway,,,l (2)in
any common area at a shopping mall,(3)
any recreational area
or (4) in any servicearea.
The measure would prohibit disposing
those same areas.d.Violations are enforceable
fines ($25) or
civil enforcement ($100-$1,000).3. RecommendationCounc
review and provide further direction to staff.
"Entryway"means the place(s)
public access to a business,playground, recreational area,or shopping mall.
"Playground" means any public or privately owned park or recreational area designed in part to
children that has play or sports equipment installed or has been designated or landscaped for play or sports activities,or any similar facility located on public or private school grounds,or on city property.
"Recreational Area"means any area that
publicly or privately owned and open to the general public forrecreational purposes,regardless
any fee or age requirement. The term "Recreational Area"includes but
parks, picnic areas,plazas, sports fields,
courses, walking paths, gardens,hiking trails,bike paths,
horseback riding trails, swimming pools,roller-and ice-skating rinks,stadiums and skateboard parks.
"Service Area"means any publicly or privately owned area designed to be used or
one or morepersons
receive a service, wait to receive a service or to make a transaction, whether or not such service ortransaction includes the exchange
money.The term"Service Area" includes but
not limited to informationkiosks,automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands.