Smoking Ordinance 2 December 7, 2009
<br />prohibitions of smoking in public places and places of employment will be the most
<br />comprehensive method of notifying businesses of the new regulations. Therefore, staff is
<br />recommending that changes to the City's smoking regulations regarding places of employment,
<br />public places, and reasonable distance regulations for smoking near building openings be
<br />brought forward for consideration at this time.
<br />Staff will continue to work with interested community members regarding smoking regulations
<br />in multi-family buildings.
<br />Analysis
<br />The significant points of the proposed new ordinance include:
<br />• Smoking would be prohibited in all public places in San Leandro. Public places include,
<br />but are not limited to, any place, public or private, open to the general public regardless
<br />of any fee or age requirement, including, for example, bars, restaurants, clubs, stores,
<br />shopping malls, stadiums, parks, playgrounds, taxis, buses, dining areas, ticket lines, bus
<br />stops, City and private parks, playgrounds, athletic facilities, and golf practice facilities
<br />(i.e. driving range and practice putting/chipping greens), and sites of public events such
<br />as sports events, entertainment, speaking performances, ceremonies, pageants, farmers'
<br />markets, festivals, carnivals, and fairs.
<br />• Smoking would be prohibited in all places of employment in San Leandro. Places of
<br />employment include, but are not limited to, areas under the control of an employer,
<br />business or nonprofit entity that an employee or the general public may have cause to
<br />enter in the normal course of operations, regardless of the hours of operation, including,
<br />for example, indoor and outdoor work areas, construction sites, vehicles used in
<br />employment or for business purposes, taxis, employee lounges, conference and banquet
<br />rooms, bingo and gaming facilities, long-term health facilities, warehouses, enclosed
<br />common areas of multi-family housing buildings, and private residences that are used as
<br />child care or health care facilities subject to licensing requirements regardless of their
<br />hours of operation. Significant tobacco retailers are exempt from this regulation, if at all
<br />times minors are prohibited from entering the store.
<br />• Smoking would be prohibited within twenty (20) feet of any entrance, window, opening,
<br />crack, or vent into an enclosed area in which smoking is prohibited, except while actively
<br />passing on the way to another destination and so long as smoke does not enter any
<br />enclosed area in which smoking is prohibited, except that bars are exempt from the
<br />outside requirements of this section, provided that the smoke does not enter adjacent
<br />areas in which smoking is prohibited by law or by the owner, lessee, or licensee of the
<br />adjacent property.
<br />• Smoking would be prohibited on public property within three hundred (300) feet of the
<br />property line of a primary or secondary school.
<br />• "No Smoking" or "Smoke Free" signs, or the international "No Smoking" symbol would
<br />be posted in every enclosed and unenclosed place in which smoking is prohibited.
<br />Previous City Council Action(s)
<br />The City Councillast took action on the City's Smoking Ordinance in 19$9.
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