CITY OF CLEARLAKE

www.clearlake.ca.us

REGULAR MEETING OF
CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
CLEARLAKE CITY HALL COUNCIL CHAMBERS
14050 OLYMPIC DRIVE
CLEARLAKE, CA 95422

THURSDAY AUGUST 22, 2019 6:00 P.M.

Written material introduced into the record: Citizens wishing to introduce written material into the record
at the public meeting on any item are requested to provide a copy of the written material to the City Clerk
prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.

ROLL CALL:
_____ Mayor Russ Cremer
_____ Vice Mayor Dirk Slooten
_____ Councilmember Phil Harris
_____ Councilmember Joyce Overton
_____ Councilmember Russell Perdock

PLEDGE OF ALLEGIANCE
INVOCATION/MOMENT OF SILENCE: The City Council invites members of the clergy, as well as
interested members of the public in the City of Clearlake, to voluntarily offer an invocation before the
beginning of its meetings for the benefit and blessing of the City Council. This opportunity is voluntary,
and invocations are to be less than three minutes, offered in a solemn and respectful tone, and directed
at the City Council. Invocational speakers who do not abide by these simple rules of respect and brevity
shall be given a warning and/or not invited back to provide a subsequent invocation for a reasonable
period of time, as determined appropriate by the City. This policy is not intended and shall not be
implemented or construed in any way, to affiliate the City Council with, nor express the City Council's
preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and
express the City Council's respect for the diversity of religious denominations and faiths represented and
practiced among the citizens of Clearlake. If a scheduled invocational speaker does not appear at the
scheduled meeting, the Mayor will ask that the City Council observe a moment of silence in lieu of the
invocation. More information about the City’s invocation policy is available upon request by contacting
the City Clerk at (707) 994-8201x106 or via email at mswanson@clearlake.ca.us.

MEETING PROCEDURES:
All items on the agenda will be open for public comment before final action is taken.
Citizens wishing to introduce written material into the record at the public meeting on
any item are requested to provide a copy of the written material to the City Clerk prior

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 to the meeting date so that the material may be distributed to the City Council prior to
the meeting. Speakers must restrict comments to the item as it appears on the agenda
and stay within a three-minute time limit. The Mayor has the discretion of limiting the
total discussion time for an item. As a courtesy to others, please turn off cell phones and
any other distracting devices.

ADOPTION OF THE AGENDA (This is the time for agenda modifications.)

PRESENTATIONS:
1. Presentation by Clearlake Animal Control of August’s Adoptable Dogs

PUBLIC COMMENT: This is the time for any member of the public to address the City Council on any
matter not on the agenda that is within the subject matter jurisdiction of the city. Please complete a
“Speaker Information Card” and present it to the City Clerk prior to the start of the meeting. The Brown
Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under
Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff
or placed on the next available agenda. Please note that comments from the public will also be taken on
each agenda item. Comments shall be limited to three minutes per person.

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature
and will be approved by one motion. There will be no separate discussion of these items unless a member
of the Council or audience requests otherwise, or if staff has requested a change under Adoption of the
Agenda, in which case the item will be removed for separate consideration. Any item so removed will be
taken up following the motion to approve the Consent Agenda.

Consent Items Recommended Action

2. Warrant Registers Receive and file
3. Minutes of the July 10, 2019 LCVCD Board Receive and file
Meeting

PUBLIC HEARING:
Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
1. Open the Public Hearing
2. Presentations by Staff
3. Presentation by Applicant or Appellant (if applicable)
4. Accept Public Testimony
5. Applicant or Appellant Rebuttal Period (if applicable)
6. Close the Public Hearing
7. Council Comments and Questions
8. Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court
any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to
raising only those issues, which you, or someone else, raised orally at the public hearing or in written
correspondence received by the city at or before the public hearing.

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 Public hearings listed for continuance will be continued as noted and posting of this agenda serves as
notice of continuance. Any matter not noted for continuance will be posted separately.

BUSINESS:
4. Consideration of First Reading of Ordinance No. 233-2019, An Ordinance of the City Council of the
City of Clearlake Amending Section 5-22, Smoking Prohibited in Parks and Certain Public Places, of
the Clearlake Municipal Code in its Entirety and Approving a Related CEQA Exemption for the
Municipal Code Amendments
Recommended Action: Hold first reading of Ordinance No. 233-2019, read it by title only, waive
further reading and set for second reading and adoption at the September 12, 2019 regular
meeting

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS
CLOSED SESSION:
(1) CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6: Agency
Designated Representative: City Manager Alan Flora; Employee Organizations: Clearlake
Management/Confidential Employees, Clearlake Police Officer Association, Clearlake Municipal
Employees Association and Clearlake Middle Management Association.
(2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: (Government Code 54956.9) – City of
Clearlake v. PG&E Corporation, et al., Case No. CV 1:17-CV-419398, Lake County Superior Court

ANNOUNCEMENT OF ACTION(S) FROM CLOSED SESSION

ADJOURNMENT
AMERICANS WITH DISABILITY ACT (ADA) REQUESTS
If you need disability-related modification or accommodation, including auxiliary aids or services, to
participate in this meeting, please contact Melissa Swanson, City Clerk, at the Clearlake City Hall, 14050
Olympic Drive, Clearlake, California 95422, phone (707) 994-8201, ext. 106, or via email at
mswanson@clearlake.ca.us at least 72 hours prior to the meeting, to allow time to provide for special
accommodations.
AGENDA REPORTS
Staff reports for each agenda item are available for review at City Hall located at 14050 Olympic Drive
during normal business hours and on the City’s website at www.clearlake.ca.us. Members of the public
are invited to come and comment on any item under discussion.
Any writings or documents pertaining to an open session item provided to a majority of the City Council
less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter
at City Hall located at 14050 Olympic Drive during normal business hours.

POSTED: August 17, 2019

BY:
_____________________________
Melissa Swanson, Administrative Services Director/City Clerk

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Item 2
 Item 3
MINUTES OF PREVIOUS MEETING

July 10, 2019

The regular monthly meeting of the Board of Trustees of the Lake County
Vector Control District was called to order at 1:34 P.M. by President
Giambruno.

Board Present: Rob Bostock, Curt Giambruno, Chuck Leonard, Ron Nagy,
and George Spurr.

Absent: None.

District Personnel: Jamesina Scott, Ph.D., Manager and Research Director

and Ms. Jacinda Franusich, Office Manager.

Guests: Ms. Melanie Lee of SCI Consulting Group.

Citizen’s Input: None.

Agenda additions and/or deletions: None.

Open Public Hearing and Consideration of Levy of the Assessment for

the Lake County Vector Control District Mosquito, Vector and Disease
Control Assessment.
President Giambruno opened the Public Hearing at 1:36 P.M.

President Giambruno opened the Public Input portion of the Public Hearing
at 1:36 P.M.

There was no public input.

President Giambruno closed the Public Input portion of the Public Hearing at
1:41 P.M.

Consideration of Resolution 19-05 Approving Engineer’s Report,

Confirming Diagram and Assessment, and Ordering Levy of The
Mosquito, Vector, and Disease Control Assessment for Fiscal Year
2019-2020

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Mr. Spurr moved to approve Resolution 19-05 Approving Engineer’s Report,
Confirming Diagram and Assessment, and Ordering Levy of the Mosquito,
Vector, and Disease Control Assessment for Fiscal Year 2019-2020. Mr.
Nagy seconded the motion. Motion carried with a roll call vote as follows:
five in favor (Mr. Bostock, Mr. Giambruno, Mr. Leonard, Mr. Nagy, and Mr.
Spurr).

Approve Minutes of June 12, 2019 Regular Meeting

Mr. Leonard moved to approve the minutes of June 12, 2019 Regular
Meeting. Mr. Nagy seconded the motion. Motion carried unanimously.

Research Report
Dr. Scott reported on vectorborne virus activity. No West Nile virus (WNV)
has been detected in Lake County this year. Eight dead birds have been
reported in Lake County; one bird was tested and was negative.

In California, WNV has been detected in 351 mosquito samples and 13 dead
birds.

For the rest of the United States, 17 states have reported WNV activity
including seven states with human infections.

St. Louis encephalitis (SLE) virus has been detected in a sentinel chicken
from Arizona, and in mosquitoes from California and Arizona.

Eastern equine encephalitis (EEE) virus has been detected in equids in

Florida, Georgia, and Louisiana, and in sentinel chickens in Florida.

One human case of La Crosse encephalitis virus (LACV) has been reported
in a Tennessee resident this year.

Jamestown Canyon (JC) virus has been detected in mosquitoes from New
Jersey.

La Crosse encephalitis (LAC) virus has been detected in mosquitoes from

New Jersey.

There has been one human case of Powassan virus reported in a resident
from Sussex County, New Jersey.

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Dr. Scott reported on mosquito and biting fly activity. Carbon dioxide-baited
traps were set in various locations around the county in June. Mosquito
species collected included Culex tarsalis, Aedes sierrensis, Aedes
increpitus, Anopheles franciscanus, and Anopheles freeborni.

New Jersey light traps were set in the Reclamation and near Borax Lake
during June. Among the mosquito species collected were Anopheles
freeborni, Aedes increpitus, Anopheles franciscanus, and Culex tarsalis.

Large resting boxes in Kelseyville, Lakeport, and Upper Lake were sampled
on several dates in June. Among the mosquito species collected were
Aedes sierrensis, Culex stigmatosoma, and Culex tarsalis.

A new mosquito species was recorded in Lake County during June. One
female Aedes dorsalis (pale salt marsh mosquito) was collected from a
carbon dioxide-baited trap set in Anderson Marsh State Historic Park.

Dr. Scott reported on tick testing. Twenty Ixodes pacificus ticks that Lake
County residents removed from themselves have been submitted to the
Sonoma County Public Health Laboratory for testing for Borrelia burgdorferi.
All the ticks were negative.

Dr. Scott reported on Clear Lake Gnat, Chironominae, and Tanypodinae

Surveillance in Clear Lake. Clear Lake Gnat larval counts in the Upper Arm
decreased from 0.21 larvae per dredge in May to 0.18 larvae per dredge in
June. Chironominae numbers increased from 24.04 larvae per dredge in
May to 34.00 larvae per dredge in June. Tanypodinae numbers increased
from 6.75 larvae per dredge in May to 17.57 larvae per dredge in June.

Operation Report
During June, no rainfall was recorded in the District’s rain gauge. The total
rainfall for the season is 39.56 inches, which is 151% of the average rainfall
for this date.

On June 1, the level of Clear Lake was 7.54 feet on the Rumsey Gauge and
decreased to 6.63 feet by June 30.

The District responded to 464 service requests in June. Fifty-seven service

requests were submitted through the District’s website.

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An aerial application of VectoMax FG to the wild rice in the Reclamation was
planned for July 2.

On June 25, parts of Borax Lake were treated with VectoMax FG to control
immature Culex tarsalis.

The District’s conference room was used by Lake County Early Head Start
on June 6, and by Lake County Public Health on June 14.

On July 6, Dr. Scott will give a presentation regarding the District’s services
to the Soda Bay Homeowners Association, and on July 25 the District will be
at the Children’s Story Hour at the Upper Lake Library.

On June 25, Dr. Scott accompanied Angela Dow, the Invasive Species
Coordinator from Lake County Water Resources, to Boggs Mountain to look
for bladderwort. Bladderwort is a native species of carnivorous plant. The
plant was found in abundance and specimens collected to evaluate its
effectiveness as a predator of immature mosquitoes. Preliminary works
confirms that the plants will consume mosquito larvae, but it is as yet
unknown if bladderwort consume enough larvae to contribute significantly to
integrated mosquito management plans.

Final Budget Hearing for Fiscal Year 2019/2020

After some discussion, Mr. Spurr moved to approve the Final Budget for
Fiscal Year 2019/2020. Mr. Leonard seconded the motion. Motion carried
unanimously.

Review and Consideration to Approve LCVCD Certificate/Log of

Records to be Destroyed/Disposed
Mr. Spurr moved to approve the LCVCD Certificate/Log of Records to be
Destroyed/Disposed. Mr. Bostock seconded the motion. Motion carried
unanimously.

Approve Checks for the Month of July 2019

Mr. Nagy moved to approve Check Nos. 18546-18613 for the month of July
2019 in the amount of $334,967.28. Mr. Leonard seconded the motion.
Motion carried unanimously.

Other Business

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Dr. Scott mentioned that there will be a live training opportunity to fulfill the
new Senate Bill 1343 harassment prevention training requirements. The
training will take place in the Clearlake City Council Chambers on Tuesday,
July 16, 2019 from 9:00 AM to 12:00 PM.

Announcement of the Next Board Meeting

The next regular meeting of the Board of Trustees of the Lake County Vector
Control District will be at 1:30 P.M. on August 14, 2019 in the LCVCD Board
Room, 410 Esplanade Lakeport, CA 95453.

Mr. Nagy moved to adjourn the meeting. Mr. Bostock seconded the motion.
There being no other business the meeting was adjourned by President
Giambruno at 2:29 P.M.

Respectfully submitted,

Ronald Nagy
Secretary

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CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT

MEETING OF: August 22, 2019

Agenda Item No. 4

Subject: Consideration of First Reading of Ordinance No. Date: August 15, 2019
233-2019, An Ordinance of the City Council of the
City of Clearlake Amending Section 5-22, Smoking
Prohibited in Parks and Certain Public Places, of Reviewed & Approved:
the Clearlake Municipal Code in its Entirety and
Approving a Related CEQA Exemption for the
Municipal Code Amendments
From: Melissa Swanson, Administrative Services
Director/City Clerk and Andrew White, Chief of
Police
Recommended Action: Hold first reading of Ordinance No. 233-2019, read it by title only,
waive further reading and set for second reading and adoption at
the September 12, 2019 regular meeting
ISSUE STATEMENT AND DISCUSSION:

State law regulates smoking and a local agency is also authorized to regulate smoking if the
regulations are not inconsistent with state laws and the local agency makes findings and
determinations that the regulations will reduce health risks associated with smoking and
secondhand smoke and promote the public health and welfare. As Council is aware, Lake County
was recently rated the least healthy county in the state.

At the July 25th Council meeting, staff was directed to bring forward an ordinance
prohibiting smoking within twenty-five (25) feet of any commercial building entrance/egress.
Based on that discussion, staff has prepared an ordinance which defines those areas and
sets regulations. Smoking is currently prohibited in any Clearlake park, passed by
ordinance in 2012. This ordinance will amend that code section in its entirety to include
the additional provisions of businesses. Some of the details and restrictions requested by
Council include:
• Grocery stores and multi-unit commercial retail stores
• Bus stops
• Signage

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The proposed ordinance prohibits smoking within twenty-five feet of businesses, such as grocery
stores and strip malls, as well as public recreation areas, parks, hiking trails, and service areas,
such as bus stops and ATMs.

Enforcement of this ordinance will be under the current Administrative Penalties section of the
municipal code. The City will have the right to require the posting of “No Smoking” signs for areas
that have repeated violations of the ordinance.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Adoption of a prohibition on smoking ordinance will establish policy. There is a possibility

of collection of fines through the administrative penalty process.

ATTACHMENTS:

1. Ordinance No. 233-2019

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 ORDINANCE NO. 233-2019

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE AMENDING SECTION 5-22,
SMOKING PROHIBITED IN PARKS AND CERTAIN PUBLIC PLACES OF THE CLEARLAKE
MUNICIPAL CODE IN ITS ENTIRETY AND APPROVING A RELATED CEQA EXEMPTION FOR THE
MUNICIPAL CODE AMENDMENTS

WHEREAS, approximately 480,000 people die in the United States from smoking-related
diseases and exposure to secondhand smoke every year, making tobacco use the nation’s
leading cause of preventable death; and

WHEREAS, the World Health Organization (WHO) estimates that tobacco kills roughly 6 million
people and causes over half a trillion dollars in economic damage each year; and

WHEREAS, 5.6 million of today’s Americans who are younger than 18 are projected to die
prematurely from a smoking-related illness; and

WHEREAS, tobacco use is the number one cause of preventable death in California and
continues to be an urgent public health issue; and

WHEREAS, secondhand smoke exposure causes as many as three hundred thousand children in
the United States to suffer from lower respiratory tract infections, exacerbates childhood
asthma, and increases the risk of acute chronic, middle ear infections; and

WHEREAS, the City Council gave direction to staff to prepare an ordinance to amend the city’s
public smoking policies to prohibit smoking in certain areas; and

WHEREAS, the amendments are exempt from environmental review under the provisions of
CEQA Guidelines section 15061(b)(3), general rule, which applies to any action that can be seen
with certainty that there is no possibility that the project may have a significant effect on the
environment.

The City Council of the City of Clearlake, State of California does hereby ordain as follows:

SECTION 1. FINDINGS.

A. The above recitals are declared to be true and correct findings of the City Council of the
City of Clearlake.

SECTION 2.

Section 5-22 of the Clearlake Municipal Code is hereby amended to read as follows:

“5-22 SMOKING IN PUBLIC PLACES

5-22.1 Purpose.

The City Council of the City of Clearlake declares the purposes of this section are:

a. To protect public health, safety and general welfare;

b. To guarantee the right of nonsmokers to breathe air free of tobacco smoke and noxious
vapor and to recognize that the need to breathe air free of tobacco smoke and noxious
vapor has priority over the desire to smoke tobacco products and electronic smoking
devices;

c. To reduce addiction to tobacco products by youth and young adults;

d. To discourage the use of tobacco or other weeds, plants or devices that produce noxious
smoke or vapor around persons who do not use such products;

e. To protect the public from exposure to tobacco smoke or noxious vapor and other weeds,
plants or devices that produce noxious smoke or vapor and to reduce smoking-related
pollution; and

f. Affirming and promoting a family-friendly atmosphere at City parks and City-sponsored

events.

5-22.2 Definitions.

The following words and phrases, whenever used in this section, shall be construed as defined
in this section, unless it is apparent from the context that they have a different meaning.

a. “Bar” means a separate establishment which is devoted to the serving of alcoholic beverages
and in which the serving of food is incidental to the consumption of such beverages,
including cocktail lounge or tavern. A bar, cocktail lounge, or tavern which is in the same
building as and part of a restaurant is not considered under this definition of a bar, except if
physically separated by full walls from the remaining room(s) of the restaurant and in which
no person under the age of 18 years is allowed to enter, except to travel to restroom facilities
or a nonbar portion of the restaurant.

b. “Business” means any sole proprietorship, partnership, joint venture, corporation or other
business entity formed for profit-making purposes, including retail establishments where
goods or services are sold, as well as professional corporations and other entities under
which professional services are delivered.

c. “Dining area” means any area, including streets and sidewalks, which is available to or
customarily used by the general public, and which is designed, or regularly used, for
consuming food or drink.
d. “Cannabis” and “cannabis products” have the same meaning as set forth in California Health
and Safety Code Sections 11018 and 11018.1, and any future amendments to those code
sections that may result.

e. “Electronic smoking device” includes any such device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigarillo, an electronic pipe, an
electronic hookah, or any other product name or descriptor. “Electronic smoking device”
does not include any product specifically approved by the United States Food and Drug
Administration for the use in the mitigation, treatment, or prevention of disease.

f. “Employee” means any person who is employed by any employer in consideration for direct
or indirect monetary wages or profit, including those employed full-time, part-time,
temporarily or contracted for from a third party.

g. “Employer” means any person, partnership, corporation, or nonprofit entity who employs
the services of one or more persons, including themselves.

h. “Enclosed” means closed in by a roof and four or more connected, floor-to-ceiling walls with
appropriate openings for ingress and egress. If an enclosed area is divided by internal partial
walls or other “office landscaping,” it is still, in its entirety, enclosed. This would include but
not be limited to lobbies, lounges, waiting areas, elevators, hallways, restrooms, and
stairwells, that are a structural part of the building.

i. “Nonprofit entity” means any corporation, unincorporated association or other entity

created for charitable, philanthropic, educational, character-building, political, social or
other similar purposes, the net proceeds from the operations of which are not for private
financial gain. A public agency is not a “nonprofit entity” within the meaning of this section.

j. “No smoking sign” means a sign with letters of no less than one inch in height or which
contains the international “No Smoking” symbol (consisting of a pictorial representation of
a burning cigarette enclosed in a red circle with a red bar across it).

k. “Place of employment” means any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment. A private
residence is not a “place of employment” unless it is used as a child care or health care
facility.

l. “Public place” means any area, publicly or privately owned, to which the public is invited or
in which the public is permitted, including but not limited to clubhouses, meeting halls,
community centers, elevators, restrooms, lobbies, public hallways, waiting rooms, banks,
retail stores, laundromats, beauty and barbershops, hotels/motels, retail food marketing
establishments, including grocery stores and supermarkets, galleries, restaurants, clubs,
taxis and buses.

m. “Public recreation area” means a public park or other public recreation area within the City
 of Clearlake including, but not limited to, the following: Redbud Park, Valentine Ballfields,
Highlands Park, Andy Johnson Memorial BMX/Skatepark; Austin Park and Austin Resort area,
and Haverty Field. It is the intent of this ordinance to include, but not be limited to, parks,
picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths,
riding trails, swimming pools, skateboard parks and amusement parks open to the public for
recreational use.

n. “Service area” means any publicly or privately-owned area, including streets and sidewalks,
that is designed to be used or is regularly used by one or more persons to receive a service,
wait to receive a service, or to make a transaction, whether or not such service or transaction
includes the exchange of money. The term “service area” includes, but is not limited to,
areas including or within twenty-five (25) feet of information kiosks, automated teller
machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, and cab stands.

o. “Restaurant” means any coffee shop, cafeteria, including private and public school cafeteria,
sandwich stand, and any other eating establishment and associated outdoor eating area,
which gives or offers for sale food to the public, guests, or employees, as well as kitchens in
which food is prepared on the premises for serving elsewhere, including catering functions,
except that the term “restaurant” shall not include a cocktail lounge or tavern if said cocktail
lounge or tavern is a “bar” as defined in subsection (A) of this section.

p. “Smoke” means the gases, particles or vapors released into the air by combustion, electronic
ignition or vaporization when the apparent or unusual purpose of the combustion, electronic
ignition or vaporization is human inhalation of the resulting combustion products, including
but not limited to tobacco smoke, cigarette smoke, cannabis smoke, and gases, aerosol or
vapor released by the ignition of e-cigarettes or e-devices. “Smoke” does not include the
product of combustion of incense or similar products when used solely for olfactory
purposes and does not contain tobacco or nicotine.

q. “Smoking” means inhaling or exhaling from, or burning or carrying, any lighted cigarette,
cigar, pipe, cannabis, plant, or other combustible substance whose smoke is intended to be
inhaled or inhaling or exhaling from any electronic smoking device. Smoking includes the
use of an electronic cigarette, electronic smoking device that creates an aerosol or vapor, in
any manner of in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking.

r. “Tobacco product” means (1) product containing, made from, or derived from tobacco or
nicotine 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;
(2) An electronic device that delivers nicotine or other vaporized liquids to the person
inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or
hookah; (3) Any component, part, or accessory of a tobacco product, whether or not sold
separately. Tobacco Products do not include products approved by the U.S. Food and Drug
Administration for sale as a tobacco cessation product or for other therapeutic purposes
 where the product is marketed and sold solely for such an approved purpose.

s. “Work area” or “workplace” means any area of a place of employment enclosed by floor-to-
ceiling walls in which one or more employees are assigned to perform work for an employer.

5-22.3 Smoking prohibited.

a. Smoking is prohibited within any public recreation area.

b. Smoking is prohibited within twenty-five (25) feet of public entrances, public exits, not
including emergency only exits, open windows, or ventilation systems of any of the
following enclosed places:

1. Places of employment;

2. Public places, whether publicly or privately owned or operated;

3. Bars and restaurants;

c. Smoking is prohibited within twenty-five (25) feet of the following unenclosed places:

1. Outdoor dining areas;

2. Service areas;

3. Stairways of public buildings or buildings where members of the public are invited;

4. Any event at which a special event permit is issued by the City, such as farmer’s
markets, street fairs, street dances, etc. and where signs have been posted prohibiting
smoking in the event area.

5-22.4 Duty of Employer, Business, Nonprofit Entity or Landlord.

a. No employer, business, nonprofit entity or landlord shall knowingly or intentionally permit

smoking in an area which is under their control and in which smoking is prohibited. No person
shall be found in violation of this paragraph unless they first been issued a written notice of
violation by the City within the prior year.

b. No owner, operator, manager or other person having control of an area shall place or permit
the presence or placement of ash receptacles, such as, without limitation, ash trays or ash
cans, within an area which is under their control and in which smoking is prohibited by this
section.

c. Nothing in this section prohibits a person in control of an area in which smoking would
otherwise be permitted from declaring that areas as a nonsmoking area.
5-22.5 Smoking in optional areas.

Notwithstanding any other provision of this section to the contrary, the following areas shall
not be subject to the smoking restrictions of this section:

a. Private detached single-family residences, except when used as a childcare or health care
facility;

b. Multi-unit dwellings leased to a residential tenant.

5-22.6 Posting of signs.

a. "No smoking signs” shall be clearly, sufficiently and conspicuously posted on the exterior of
every building or other place where smoking is prohibited by this section, by the owner,
operator, manager or other person having control of such building or other place. The sign
shall include the smoking distance limitations contained in this section.

1. For multi-unit commercial properties, “No smoking signs” may be posted at the
entrances to property where the restrictions apply in lieu of posting signage on each
building. Signs which have been removed shall be replaced within five working days.

b. “No smoking signs” shall be clearly, sufficiently and conspicuously posted at public
recreation areas, bus stops and bus shelters where smoking is prohibited by this section.
The sign shall include the smoking distance limitations contained in this section.

c. The City may direct an employer, business, nonprofit entity or landlord to install signage
when smoking occurs in an area under their control and in which smoking is prohibited.
Notice shall be delivered in writing and is subject to appeal to the City Manager. Signage
shall be installed within 30 days of the written notice.

SECTION 3. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.

SECTION 4. EXECUTION.

The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City
Clerk shall cause the same to be published once in the official newspaper within 15 days after its
adoption. This Ordinance shall become effective 30 days from its adoption.

PASSED AND ADOPTED this _________ day of ______, 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:

ATTEST:______________________________ ________________________________
City Clerk Mayor