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5357FOLLOWS: I 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) A 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. 2 A .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. 3 c 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 JLW:lm 033SMOKE.12 4 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