1995 ADJ MIN APR 10 - Laserfiche WebLink

Browse Search

the law which became effective January 1, 1995, which prohibits employers from allowing smoking in places of employment, including restaurants. Violation of this AB 13 is an infraction of the California Penal Code subject to fines of $100 for a first offense, $200 for a second offense and $500 for any subsequent offense occurring within the same year. AB 13 requires local law enforcement agencies to enforce the prohibition, but does not specify how that local enforcement is to be handled. The League of California Cities advises that determination of the law enforcement agency is solely within the control of the local governmental agency. The League suggested responsibility might rest with either the police department, code enforcement or the city manager's office. It is expected that the majority of complaints would be received after regular business hours; therefore, City Attorney Biggs recommended the designation of the Police Department as the primary law enforcement agency for the City. While Code Enforcement Officers have the authority to issue citations, they are only available during business hours. The City Manager's Office has no citation authority. Any enforcement costs must be borne by the City. Staff recommended the Police Department be designated as the responsible law enforcement agency for purposes of enforcing the mandates of AB 13. Motion by Councilmember Hutton, seconded by Councilmember Beltran to accept staff recommendation and approve and adopt Resolution No. R-30-95. In response to Mayor Fulp's question regarding impact, Police Chief Lunsford said he recognized the need and believed that the department can deal with it. Motion carried upon unanimous vote. RESOLUTION NO. R-30-95 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DESIGNATING THE COLTON POLICE DEPARTMENT AS THE RESPONSIBLE LAW ENFORCEMENT AGENCY FOR ENFORCEMENT OF THE PROVISIONS OF SECTION 6404.5 OF THE CALIFORNIA LABOR CODE (AB 13) RECESS: At 6:20 P. M., upon first/second of Councilmembers Sanders and Hutton, with unanimous vote, Mayor Fulp declared the Council Meeting adjourned. HELEN A. RAMOS, CMC City Clerk City of Colton 3