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HomeMy WebLinkAboutResolution No. 5867 RESOLUTION NO. 5867 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO IMPLEMENT AND ENFORCE THE STATE TOBACCO CONTROL LAW (CALIFORNIA LABOR CODE SECTION 6404.5) WHEREAS, environmental tobacco smoke is a major cause of indoor air pollution; �..., WHEREAS, breathing environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers; WHEREAS, the State of California has adopted a law (California Labor Code Section 6404.5) effective January 1, 1995, to protect all those who live, work and visit in the City of Downey; and WHEREAS, the City Council finds and declares that the purposes of this resolution are (1) to protect the public health and welfare; and (2) to implement and enforce state law prohibiting smoking in enclosed workplaces; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City shall take all necessary measures to implement and enforce the provisions of California Labor Code Section 6404.5. SECTION 2. The enforcement of California Labor Code Section 6404.5 shall be implemented by the Police Department's Code Enforcement Unit. Any citizen who wishes to register a complaint may initiate enforcement with Code Enforcement. SECTION 3. Any employer who violates the state law prohibiting smoking in enclosed workplaces shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, and a fine not exceeding five hundred dollars ($500) for each additional violation within one year. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and provide for the distribution thereof. APPROVED AND ADOPTED this 14th day of March , 1995. /2' M, •R Barbara J. R' ey A I'EST: t f -- ) CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 14th day of March , 1995, by the following vote: AYES: 5 Council Members: Lawrence, McCaughan, Brazel ton , Boggs, Riley NOES: 0 Council Members: None ABSENT: 0 Council Members: None 7 ; CITY CLERK