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(A) The individual to whom a warning or exclusion notice is issued shall have the right to an appeal from the issuance of the notice.
(B) A notice of appeal of a warning notice or an exclusion notice must be filed, in writing, with the cultural and community services director within five calendar days of the issuance of the warning or exclusion notice. The notice of appeal shall state the following:
(1) The appellant's name;
(2) The appellant's address and a telephone number where he or she can be reached;
(3) A concise statement as to why the appellant believes that the issuance of the warning notice or the exclusion notice was invalid or unjustified; and
(4) A copy of the warning notice or exclusion notice shall be attached.
(C) A hearing on the appeal shall be held no more than 15 calendar days after the filing of the appeal, and no one except the cultural and community services director may postpone the hearing date at the request of the appellant or the library staff for good cause. The appellant shall be provided notice of the hearing date, time, and location at least five calendar days prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present and present evidence that the warning notice or exclusion notice is invalid or unjustified.
(D) Copies of all library staff documents to be used by the library staff at the hearing shall be made available to the appellant at least five calendar days prior to the hearing.
(E) At the hearing on the appeal, the library staff shall have the burden to show by a preponderance of evidence that the warning notice or exclusion notice was based on, and justified by, a violation of the rules of conduct described in section 7-272. The cultural and community services director shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(F) Within 30 calendar days of the conclusion of the hearing, the library manager shall issue and mail the appellant a written decision containing a statement of the reasons on which the decision is based. The written decision shall include a notice that the parties have 90 days to pursue a petition for a writ of administrative mandamus of the decision under Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6. The library manager shall serve a copy of such decision to the city manager. The decision of the cultural and community services director shall be final.
(Ord. No. 2888, 2955)
Any person who violates a provision of a warning notice or an exclusion notice to stay away from the library by physically entering a library facility during the exclusion period is guilty of a misdemeanor punishable as set forth in section 1-10 of this code.
(Ord. No. 2888, 2955)
ARTICLE XVI. RESERVED
Editor’s note:
Article XVI, consisting of sections 7-280 through 7-285 was repealed by section 2 of Ord. 2994, passed 12-15-2020. This article related to cannabis and medical cannabis activities and was derived from Ord. Nos. 2898, 2911, and 2937.
ARTICLE XVII. REGULATION OF SMOKING
The following words, phrases and terms, as used in this article, shall be construed as defined in this section:
(A) DINING AREA - Any area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used, for consuming food or drink.
(B) ELECTRONIC SMOKING DEVICE - An electronic or battery-operated device that delivers vapors of nicotine and/or other substances for inhalation. This term includes every variation and type of such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo. an electronic pipe, a vapor cigarette or any other similar product. This term does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of diseases.
(C) PUBLIC EVENT - Any event open to the general public regardless of any fee or age requirements, including but not limited to farmers’ markets, parades, fairs or festivals.
(D) REASONABLE DISTANCE - A distance of 25 feet in any direction from an area in which smoking is prohibited.
(E) RECREATIONAL AREA - Any area that is publicly or privately owned, and open to the general public for recreational purposes regardless of any fee requirement, including but not limited to, parks, beaches, picnic areas, gardens, swimming pools, walking paths, skateboard parks and playgrounds.
(F) SERVICE AREA - Any publicly or privately owned area, including streets and sidewalks, designed to be used or 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 adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.
(G) SMOKING - The carrying, inhaling, or emitting the fumes or vapors of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn any tobacco product, weed, plant, or other combustible substance in any manner or in any form. SMOKING does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense, that does not contain any tobacco or nicotine, or the emissions from a product specifically approved by the United State Food and Drug Administration for use in mitigating or preventing disease.
(Ord. No. 2908)
(A) Smoking shall be prohibited at the following locations in the city:
(1) Dining areas;
(2) Public events;
(3) Recreational areas;
(4) Service areas;
(5) Inside all facilities owned, leased or controlled by the city;
(6) Within a reasonable distance (25 feet) from an area where smoking is prohibited including any doorway, window, opening, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination.
(Ord. No. 2908)
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