5357FOLLOWS:
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ORDINANCE NO. 3357
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 6.30 OF TITLE 6 OF
THE ANAHEIM MUNICIPAL CODE RELATING
TO SMOKING IN PUBLIC PLACES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 6.30.050 of Chapter 6.30 of Title 6 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"6.30.050 SMOKING PROHIBITED WITHIN CITY OWNED
AND OPERATED BUILDINGS.
.010 It shall be unlawful for any person to
smoke within any enclosed building, or within any portion of any
enclosed building, which building, or portion thereof, is both
owned and operated by the City of Anaheim, except as hereinafter
set forth.
.020 Subsection .010 above shall not apply
within any City owned and operated building, or portion thereof,
during any period of time such building, or portion thereof, is
leased, rented, licensed, or for which the right of exclusive or
private occupancy has been granted, by the City to any other
person or entity, unless the lessee, tenant, licensee or person
or entity having control of such occupancy shall have posted or
caused to be posted therein signs prohibiting smoking as
otherwise required or authorized by this Chapter. The provisions
of this subsection .020 shall not apply to any event or activity
held within any City owned building, during such times as said
event or activity is open to the general public, regardless of
whether a fee is charged for admission to such event or activity.
.030 For purposes of this Section, the
following terms shall have the respective meanings hereinafter
set forth:
.0301 The term 'building' shall not include
the Anaheim Convention Center or Anaheim Stadium, or any portions
thereof.
.0301 The terms 'City' and 'City of Anaheim'
shall include the Anaheim Redevelopment Agency, Anaheim Housing
Authority, and the Anaheim Public Improvement Corporation.
.0302 The term 'owned' shall include any
property interest of the City of Anaheim (as herein defined)
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whereby the City has obtained the right of exclusive possession
or occupancy whether by fee title or as lessee, sublessee, tenant
or otherwise."
SECTION 2.
That Section 6.30.055 be, and the same is hereby, added
to Chapter 6.30 of Title 6 of the Anaheim Municipal Code, to read
as follows:
116.30.055 SMOKING PROHIBITED WITHIN THE
ANAHEIM CONVENTION CENTER.
.010 It shall be unlawful for any person to
smoke in any place or area within the Anaheim Convention Center,
except as hereinafter provided.
.020 Notwithstanding subsection .010 above,
smoking shall be permitted within any office leased or rented by
the City to any person or entity unless the lessee or tenant,
shall have posted or caused to be posted signs prohibiting
smoking within such office. Smoking in offices shall be
prohibited to the extent required by Section 6.30.110 of the
Anaheim Municipal Code."
SECTION 2.
That Section 6.30.065 of Chapter 6.30 of Title 6 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"6.30.065 SMOKING PROHIBITED WITHIN
ANAHEIM STADIUM.
.010 It shall be unlawful for any person to
smoke in any place or area within Anaheim Stadium, including but
not limited to any event seating and aisle areas, except as
hereinafter provided.
.020 Notwithstanding subsection .010 above,
smoking shall be permitted within the following places and areas
within Anaheim Stadium:
.0201 Upon or within any concourses or
rampways. For purposes of this Section, 'concourses' shall mean
the pedestrian walkways on each level of the Stadium which are
generally located between the event seating areas and the outside
walls or confines of the Stadium structure and which walkways
provide patron circulation within and around each level of the
Stadium. For purposes of this Section, 'rampways' shall mean the
pedestrian accessways which connect and provide patron access
from one level of the Stadium to another.
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.0202 Within any suite or executive box unless
the licensee or other person or entity having control of the
occupancy of said suite or executive box shall have posted or
caused to be posted therein signs prohibiting smoking. The
posting of any such suite or executive box as a no smoking area
shall be at the sole discretion of such licensee or person or
entity having control of the occupancy thereof.
.0203 Within any office or other enclosed area
(except the Stadium Club or any other stadium restaurant) leased,
rented, licensed, or for which the right of exclusive or private
occupancy has been granted to any person or entity for a period
of time, unless the lessee, tenant, licensee or person or entity
having control of the occupancy thereof shall have posted or
caused to be posted signs prohibiting smoking within such office
or other enclosed area. Smoking in offices shall be prohibited
to the extent required by Section 6.30.110 of the Anaheim
Municipal Code. The posting of any other enclosed area as a
smoking area shall be at the sole discretion of the person or
entity having control of the occupancy thereof.
.0204 Within the Stadium Club or any other
stadium restaurant except where, and during such times as,
smoking is prohibited by the requirements or under the authority
of Section 6.30.090 of the Anaheim Municipal Code."
SECTION 3.
That Paragraph D of Section 6.30.090 of Chapter 6.30 of
Title 6 of the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
"D. This section shall not apply to any rooms which
are being used for eating establishment purposes for
private functions, but only while any such room is used
for such private functions. The term private functions
as used herein shall include all eating functions not
open to the general public or establishments open only
to members and their guests; provided, however,
functions held within the Stadium Club at Anaheim
Stadium which are open to Stadium Club members and
their guests shall not be deemed 'private functions' as
used herein."
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any portion as may be declared invalid.
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SECTION 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 2nd day of March
1993.
MAYOR OF THE CITY OF AHEIM
ATTEST: 1
CITY CLERK OF THE CITY OF ANAHE
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033SMOKE.12
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5357
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of February,
1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd
day of March, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5357 on the 3rd day
of March, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd
day of March, 1993.
4—� 'S�
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5357 and was published once in the Anaheim Bulletin on the 11th day of March, 1993.
CITY CLERK OF THE CITY OF ANAHEIM