2017/03/14 City Council Ordinance 904ORDINANCE NO. 904
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
CHAPTER 8.32 (USE OF TOBACCO) OF THE MUNICIPAL CODE
WHEREAS, in 2009 the City of Rohnert Park ("City") adopted Chapter 8.32 (Use of
Tobacco) as a comprehensive ordinance to address the impacts of smoking on public health; and
WHEREAS, in 2015 the California Department of Public Health determined that
electronic cigarettes ("e -cigarettes") are a significant public health concern; and
WHEREAS, aerosol emissions from e -cigarettes have been found to contain as least ten
chemicals that are on California's list of chemicals known to cause cancer, birth defects, or other
reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene, lead,
nickel, nicotine, N-nitrosonomicotine, and toluene which could have adverse effects on
nonsmokers exposed to second hand aerosol emissions; and
WHEREAS, people exposed to aerosol emissions from e -cigarettes often absorb
nicotine, a substance that can cause cancer, birth defects, or reproductive harm, at levels
comparable to second hand smoke from tobacco, and are also exposed to volatile organic
compounds and other particulate matter that can lead to tissue inflammation; and
WHEREAS, non-smokers who suffer from allergies, respiratory disease, or the negative
effects of breathing secondhand aerosol emissions from e -cigarettes may experience a loss of job
productivity or may be forced to take periodic sick leave because of adverse reactions; and
WHEREAS, the proposed amendments to Chapter 8.32 (Use of Tobacco) will include e -
cigarettes under the regulations of Chapter 8.32 to provide for the health, safety and welfare of
individuals residing, working or visiting in the City of Rohnert Park;
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
SECTION 1. Amendment of Chapter Title. The title of Chapter 8.32 of the Rohnert Park
Municipal Code is hereby amended to read: "Use of Tobacco and Electronic Cigarettes."
SECTION 2. Amendment of Section 8.32.020. Section 8.32.020, Findings, is hereby amended
to include the following additional findings:
"G. As aerosol emissions from electronic cigarettes have been found to contain as
least ten chemicals that are on California's list of chemicals known to cause cancer, birth
defects, or other reproductive harm, including acetaldehyde benzene, cadmium,
formaldehyde, isoprene, lead, nickel, nicotine, N nitrosonornicotine, and toluene, second
hand exposure to e -cigarette aerosol is a health concern.
H. People exposed to aerosol emissions from electronic cigarettes absorb nicotine, a
substance that can cause cancer, birth defects, or reproductive harm, at levers comparable
to second hand smoke, and are also exposed to volatile organic compounds and other
particulate matter that can lead to tissue inflammation.
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Ord. 904
I. Non-smokers who suffer from allergies, respiratory disease, or the negative
effects of breathing secondhand tobacco smoke or aerosol emissions from electronic
cigarettes may experience a loss of job productivity or may be forced to take periodic
sick leave because of adverse reactions."
SECTION 3. Amendment of Sectioat 8.32.030. Section 8.32.030, Definitions, is hereby deleted
in its entirety and replaced with the following:
"8.32.030 Definitions.
A. "Business" means the sole proprietorship, partnership, joint venture, corporation,
association, nonprofit or other entity formed for public interest or profit-making purposes
or that has an employee as defined in this section.
B. "Employee" means any person who is employed; retained as an independent contractor
by an employer, as defined in this section; or any person who volunteers his or her
services for any employer, association, business, nonprofit or volunteer entity.
C. "Employer" means any person, partnership, corporation, association, nonprofit, or other
entity who employs or retains the services of one or more persons or supervises
volunteers.
D. "Enclosed" means closed in by a roof and four walls (with the appropriate openings for
egress and ingress). This would include but not be limited to lobbies, lounges, waiting
areas, elevators, hallways, restrooms, stairwells, common areas _(e.g., laundry and
recreation rooms within a multi -unit residential development), that are a structural part of
the building.
E. "Electronic Cigarette" means an electronic and/or battery operated device that delivers
nicotine or other vaporized liquids to the person inhaling the device, including, but not
limited to, an electronic cigarette, cigar, pipe, or hookah.
F. "Food" means any raw or processed substance, beverage (including frozen or liquid
water) or ingredient intended to be used as food, drink, confection, or condiment for
human consumption.
G. "Head Shop" means a retail outlet that receives 90% or more of its gross revenues from
the sale of paraphernalia related to the consumption of cannabis, other recreational drugs
and/or new age herbs. Products typically include but are not limited to, water pipes,
bongs, roach clips, pipes, rolling papers, rolling machines, and whipped cream chargers
containing nitrous oxide.
H. "Hookah Bar" means a business location that provides for (1) the ingestion, inhalation or
consumption of tobacco or tobacco products by way of an apparatus which includes, but
is not limited to the following parts: a water vessel, a bowl for holding combustible
tobacco or tobacco products and an inhalation hose or tube; or (2) the use of electronic
cigarettes.
I. "Multi -Unit Residential Development" means a development consisting of residential
condominiums, townhouses, rowhouses or apartments, represented by one common
property management group or Home Owners Association and providing for -sale, for -
lease or for -rent units with complete and independent living facilities for one or more
persons.
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Ord. 904
J. "Place of Employment" means any area under the control of an employer or business
where an employee can be found to frequent during the course of a work day. For
example, cafeterias, conference rooms, lobbies, lounges (break rooms), elevators,
hallways, restrooms, stairwells, vehicles and work areas.
K. "Private Smokers' Lounge" means an area that is attached to and incidental to a tobacco
store that may be occupied by persons eighteen (18) years of age or older who intend to
ingest or inhale any electronic cigarette, smoking tobacco or tobacco product by means of
a pipe, cigar, cigarette or any other method. Private smokers' lounges do not include
hookah bars which are prohibited in the City of Rohnert Park pursuant to Municipal
Code, Chapter 8.33 (Prohibition of Head Shops, Hookah Bars, Tobacco Vending
Machines and Self -Service Displays).
L. "Smoking" means and includes inhaling, exhaling, burning, or carrying any lighted or
heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product
intended for inhalation, whether natural or synthetic, in any manner or in any form.
"Smoking" includes the use of an electronic cigarette, electronic smoking device that
creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking
device for the purpose of circumventing the prohibition of smoking.
M. "Tobacco Paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders,
cigarette rolling machines or other instruments or things designed for the smoking or
ingestion of tobacco or tobacco products.
N. "Tobacco Product" means any of the following: (i) a product containing, made, or
derived from tobacco that is intended for human consumption, whether smoked, heated,
chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe
tobacco, or snuff, (ii) an electronic cigarette; or (iii) any component, part, or accessory of
a tobacco product, whether or not sold separately.
O. "Tobacco Store" means a retail or wholesale business, with or without an attached private
smokers' lounge, that meets all of the following requirements:
1. Primarily sells tobacco, tobacco products, tobacco paraphernalia, or electronic
cigarettes. Does not include merchandise that is generally associated with a head shop
which is prohibited in the City of Rohnert Park;
2. Generates more than sixty percent (60%) of its gross revenues annually from the sale
of electronic cigarettes, tobacco, tobacco products and tobacco paraphernalia;
3. Prohibits any person who is under the age of eighteen (18) years of age from being
present or entering the premises unless accompanied by the minor's parent or legal
guardian; and
4. Does not sell food (including alcoholic beverages) for consumption on the premises."
SECTION 4. Environmental Review.
to the California
The City Council finds that this ordinance is not subject
Environmental Quality Act (CEQA). As the only effect the amendment will
have is to reduce the areas where use of e -cigarettes is allowed, the amendments will have no
direct or reasonably foreseeable indirect change on the physical environment. As a result, the
Ord. 904
amendment is exempted from CEQA under Section 15061(b)(3) of the CEQA Guidelines
(general rule exemption). To the extent that there is an effect on the environment, the effect will
be to reduce aerosol emissions, which will improve air quality and protect human health. This
would exempt the amendment under Section 15308 of the CEQA Guidelines.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 6. Effective _Date. This ordinance shall go into effect thirty (30) days after its
adoption.
SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was introduced on February 28, 2017, and adopted by the Council of the
City of Rohnert Park on March 14, 2017, by the following roll call vote:
AYES: Councilmembers Callinan, Belforte, Ahanotu and Vice Mayor
Stafford
NOES: None
ABSENT: Mayor Mackenzie
ABSTAIN: None
ATTEST:
Jr Anne Buergler, City Clerk
Michelle Marchetta Kenyon, City Attorney
CITY OF ROHNERT PARK
Jake Mackenzie, N113Ybr
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Ord. 904
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma )
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 904.
SUMMARY OF ORDINANCE NO. 904 OF THE CITY OF ROHNERT PARK, CALIFORNIA,AMENDING
CHAPTER 8.32 (USE OF TOBACCO) OF THE MUNICIPAL CODE
was published on March 3, 2017 and March 17, 2017, as required by law, and posted in
five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on March 1, 2017 and March 15, 2017.
U________LINV .kc..9._ ,
4ned
Sub cribed and swor to be ore e this 2' day of March.
Atket41 ‘11/6/1
Caitlin Saldanha, Deputy City Clerk
1,100CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance#904
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and
expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Summary of Notice#904"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive
time(s),commencing on the 3 day of March,2017 and ending on the 3 day of March,2017.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 3 day of March,2017 at Rohnert Park,California
Signed
SUMMARY OF ORDINANCE NO.904 OF THE CRY OF ROHNERT PARK,
CALIFORNIA,AMENDING CHAPTER&32(USE OF TOBACCO)
OF THE MUNICIPAL CODE
Pursuant to Government Code Section 36933(c),the following constitutes a summary of
—L—/ Ordinance No.904 introduced by the Rohnert Park City Council on February 28,2017,
and scheduled for consideration of adoption on March 14,2017,at its meeting to be held
in the City Council Chambers,130 Avram Avenue,Rohnert Park,California.
Claudia Smith Chief Clerk The purpose of Ordinance No.904 to amend Chapter 8.32(Use of Tobacco)to Include
electronic cigarettes under the regulations of chapter 8.32 regarding use of tobacco to
provide for the health,safety and welfare of individuals residing,working or visiting in
the City of Rohnert Park.
The ordinance includes the following text amendments to include electronic cigarettes:
• In Section 8.32.020,findings have been added to include the negative effects
of electronic cigarettes.
• In Section 8.32.030,Definitions,a definition of electronic cigarettes has been added
and the definitions of hookah bar,private smokers'lounge smoking,tobacco
product and tobacco store have been modified to include electronic cigarettes,
which allows for the regulation of electronic cigarettes in the same manner as
other tobacco products.
A certified copy of the full text of Ordinance is posted and available for review in the City
Clerk's Office at 130 Avram Avenue,Rohnert Park,California.This ordinance shall be In
full force and effective thirty(30)days after its adoption,and shall be publish and posted
as required by law.This ordinance was introduced by the Council of the City of Rohnert
Park on February 28,2017 and is scheduled for consideration of adoption on March 14,
201E is/JOANNE M.BUERGLER
Dated March 1,2017 City Clerk of the City of Rohnert Park
Published:March 3,2017 1'
The Community Voice
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance 904
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000.is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and
expressing in general terms,the purport and character of the notice intended to be given;that the "City of Rohnert Park,
Summary of Ordinance#904"of which the annexed is a printed copy.was published in said newspaper at least_1
consecutive time(s),commencing on the 17 day of March,2017 and ending on the 17 day of March,2017.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 17 day of March,2017 at Rohnert Park,California
Si ned I SUMMARY OF ORDINANCE NO.904 OF THE CITY OF ROHNERT PARK,
Signed CALIFORNIA,AMENDING CHAPTER 8.32(USE OF TOBACCO)OF
THE MUNICIPAL CODE
Pursuant to Government Code Section 36933(c),the following constitutes a summary of
Ordinance No.904 introduced by the Rohnert Park City Council on February 28,2017,
and scheduled for consideration of adoption on March 14,2017,at its meeting to be held
in the City Council Chambers,130 Avram Avenue,Rohnert Park,California.
The purpose of Ordinance No.904 to amend Chapter 8.32(Use of Tobacco)to include
electronic cigarettes under the regulations of chapter 8.32 regarding use of tobacco to
e �� _ provide for the health,safety and welfare of individuals residing,working or visiting in
Claudia Smit Chief
Chief Clerk the City of Rohnert Park.
The ordinance includes the following text amendments to include electronic cigarettes:
• In Section 8.32.020,findings have been added to include the negative effects
of electronic cigarettes.
• In Section 8.32.030,Definitions,a definition of electronic cigarettes has been
added and the definitions of hookah bar,private smokers'lounge smoking,
tobacco product and tobacco store have been modified to include electronic
cigarettes,which allows for the regulation of electronic cigarettes in the same
manner as other tobacco products.
A certified copy of the full text of Ordinance is posted and available for review in the City
Clerk's Office at 130 Avram Avenue,Rohnert Park,California.This ordinance shall be in
full force and effective thirty(30)days after its adoption,and shall be publish and posted
as required by law.This ordinance was introduced by the Council of the City of Rohnert
Park on February 28,2017 and adopted on March 14,2017 by the following roll call vote:
AYES: Four (4) Councilmembers Ahanotu,Belforte,Callinan and
Vice Mayor Stafford
NOES: None (0)
ABSENT: One (1) Mayor Mackenzie
ABSTAIN: None (0)
Dated:March 15,2017 gs JoAnne Buergler
ll
Published:March 17,2017 . rl City Clerk
The Community Voice