HomeMy WebLinkAboutTC Ord 2018-07-18 ORDINANCE NO. 579 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE VI,
CHAPTER 28 OF THE TIBURON MUNICIPAL CODE
(SMOKING AND TOBACCO REGULATIONS)
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. On July 20, 2011 the Town Council adopted Ordinance No. 531 N. S. making
substantial revisions to its smoking and tobacco regulations; said regulations were
further amended in October 2014 by adoption of Ordinance No. 553 N. S.
addressing electronic smoking devices, and in June 2017 by adoption of Ordinance
No. 571 N. S. making various other amendments.
B. The Town Council now desires to further revise the Town's regulations concerning
smoking by expanding the prohibition on smoking and tobacco use in multi-unit
residences (including two-family dwellings and condominium/townhouse units), in
multi-unit residence common areas, in public places such as streets and sidewalks,
and in other shared or public areas, and by making various other amendments. The
Town Council also desires to further regulate the sale of tobacco products by
requiring a conditional use permit for the sale of such products within the Town.
C. The Town Council held a public hearing on June 20, 2018 and heard and considered
any and all public testimony and correspondence on this matter.
D. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
E. The Town Council finds the amendments made by this Ordinance are necessary for
the protection of the public health, safety, and welfare.
F. The Town Council finds the amendments made by this Ordinance are consistent
with the goals and policies of the Tiburon General Plan and other adopted
ordinances and regulations of the Town.
G. The Town Council finds these amendments are covered by the general rule that the
California Environmental Quality Act(CEQA) applies only to projects that have the
potential for causing a significant effect on the environment pursuant to CEQA
Guidelines Section 15061(b)(3), and further finds that if the amendments were not
covered by the above section,the amendments would be categorically exempt
pursuant to Section 15305 of the CEQA Guidelines.
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 1
Section 2. Amendments to Title V1, Chapter 28.
Title VI, Chapter 28 of the Tiburon Municipal Code is hereby amended as follows:
(A) Sections 28-3, 28-4, 28-5, 28-7, 28-8, 28-9, 28-12, and 28-13 are repealed in
their entirety.
(B) In Section 28-2, the definitions of"Multi-unit common area", "Outdoor
eating area", "Separate ventilation system", "Sports arena", and"Tobacco
product" are repealed in their entirety.
(C) In Section 28-2, the definition of"Child care facility" is added to read as
follows:
"Child care facility" means any family day care regulated by Sections
1597.30 through 1597.621 of the California Health and Safety Code (or
successor sections thereto) and any day care center for children regulated by
Section 1596.90 et seq. of the California Health and Safety Code (or any
successor section thereto). It does not include foster homes or residential
care facilities.
(D) In Section 28-2, the definition of"Common area" is added to read as
follows:
"Common area" means every enclosed area and unenclosed area of a multi-
unit residence that residents of more than one unit of that multi-unit
residence are entitled to enter or use, including, for example, halls,paths,
lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym
facilities, swimming pools, parking garages,parking lots, restrooms, laundry
rooms, cooking areas, and eating areas.
(E) In Section 28-2, the definition of"Dining area" is added to read as follows:
"Dining area" means any area, including streets and sidewalks, which is
available to or customarily used by the general public, and which is
designed, established, or regularly used for consuming food or drink.
(F) In Section 28-2, the definition of"Enclosed area" is amended to read as
follows:
"Enclosed area"means an area in which outside air cannot circulate freely to
all parts of the area, and includes an area that has:
(1) Any type of overhead cover,whether or not that cover includes vents or
other openings, and at least three walls or other vertical constraint to airflow
including, but not limited to, vegetation of any height, whether or not those
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 2
boundaries include vents or other openings; or
(2) Four walls or other vertical constraints to airflow including, but not
limited to, vegetation that exceeds six feet in height, whether or not those
constraints include vents or other openings.
(G) In Section 28-2, the definition of"Multi-unit residence" is amended to read
as follows:
"Multi-unit residence"means, for purposes of this chapter, a premises
containing two or more units, including, but not limited to, a common
interest complex, except the following specifically excluded types of
housing as defined in Chapter 16 of this Code:
(1) A single-family dwelling, including enclosed areas and unenclosed areas
on its premises;
(2) A detached two-family dwelling, including enclosed areas and
unenclosed areas on its premises;
(3) A mobile home park unit, including enclosed and unenclosed areas on
its premises.
(H) In Section 28-2, the definition of"Public place" is amended to read as
follows:
"Public place" means any place,publicly or privately owned, which is open
to the general public regardless of any fee or age requirement, including, but
not limited to: bars, restaurants, clubs, stores, stadiums, parks,playgrounds,
taxis, buses, bus shelters, public transportation facilities, hotels and motels,
bed and breakfast facilities, fairs, farmers' markets, theaters, sidewalks and
streets. "Public place" does not mean within private vehicles in or on public
places.
(I) In Section 28-2,the definition of"Reasonable distance" is amended to read
as follows:
"Reasonable distance" means a distance of at least twenty-five (25) feet in
any direction from an area in which smoking is prohibited.
(J) In Section 28-2, the definition of"Recreational area" is added to read as
follows:
"Recreational area" means any area that is publicly or privately owned and
open to the general public for recreational purposes, regardless of any fee or
age requirement. The term "recreational area" includes, but is not limited to,
parks, open spaces, picnic areas, playgrounds, sports fields, tennis courts,
walking paths, gardens, hiking trails, bike paths, riding trails, swimming
pools, marinas, and amusement parks.
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 3
(K) In Section 28-2, the definition of"Tobacco product" is added to read as
follows:
"Tobacco product"means:
(1) any product containing, made, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other
means, including, but not limited to cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, snuff; and
(2) any electronic smoking device.
(3)Notwithstanding any provision of subsections (1) and (2)to the contrary,
"tobacco product" includes any component, part, or accessory of a tobacco
product, whether or not sold separately. "Tobacco product" does not include
any product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product or for other
therapeutic purposes where such product is marketed and sold solely for
such an approved purpose.
(L) In Section 28-2, the definition of"Unenclosed area" is added to read as
follows:
"Unenclosed area"means any area that is not an `enclosed area', as that term
is defined in this section.
(M) In Section 28-2, the definition of"Unit" is amended to read as follows:
"Unit" means a personal dwelling space, even where lacking cooking
facilities or private plumbing facilities, and includes any associated
exclusive-use enclosed area or unenclosed area, such as, for example, a
private balcony, porch, deck, or patio. "Unit" includes, but is not limited to,
an apartment; an attached two-family dwelling; a condominium; a
townhouse; a room in a long-term health care facility, assisted living facility,
or hospital; a hotel or motel room; a room in a single-room occupancy
(SRO) facility; a room in a homeless shelter; a mobile home; a camper
vehicle or tent; a single-family dwelling; and an accessory dwelling unit or
guest house appurtenant to a single-family dwelling.
(N) Section 28-3 is added to read as follows:
28-3 Smoking and Tobacco Product Use Prohibited in Town-owned
Facilities and Town Vehicles.
Smoking and use of tobacco products is prohibited in all Town-
owned, Town-leased, and Town-operated vehicles, including jitneys
and buses and other means of public transit under the authority of the
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 4
Town, and in all enclosed residential and non-residential facilities,
buildings, or structures owned, leased, occupied and/or controlled by
the Town.
(0) Section 28-4 is added to read as follows:
28-4 Prohibition of Smoking and Tobacco Product Use in
Enclosed Areas.
(a) Smoking and the use of tobacco products are prohibited in the
enclosed areas of the following places within the Town:
(1) Public places; and
(2) Multi-unit residences and common areas; and
(3) Dining areas; and
(4) Service areas.
(b) Smoking and the use of tobacco products are prohibited in all other
enclosed areas except as provided below:
(1) Inside private vehicles when no minors are present;
(2) Inside private single-family dwellings, except when used as a
child care facility or a health care facility;
(3) Inside detached accessory structures appurtenant to private
single-family dwellings, including accessory dwelling units;
(4) Inside private detached two-family dwellings and detached
accessory structures appurtenant thereto;
(5) Inside retail tobacco stores, only if:
(A) The retail tobacco store does not sell edible products, including,
for example, food, water, or drinks, and does not allow such products
to be consumed on the premises; and
(B) The retail tobacco store prohibits minors from entering the store
at all times.
(6) Inside an enclosed place of employment that employs only the
owner and no other employees or any other independent contractors
routinely spending time performing work in the enclosed areas,
provided that:
(A) The place of employment is not a public place, and
(B) The enclosed area containing the place of employment does not
share a ventilation system with any other enclosed place of
employment or public place.
(P) Section 28-5 is added to read as follows:
Section 28-5 Prohibition of Smoking and Tobacco Product
Use in Unenclosed Areas; Exception for
Designated Smoking Areas.
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 5
(a) Smoking and the use of tobacco products are prohibited in the
unenclosed areas of the following places within the Town:
(1) Recreational areas;
(2) Service areas;
(3) Public places, including streets and sidewalks open to the public;
(4) Dining areas;
(5) Bars;
(6) Common areas of multi-unit residences.
(b) Notwithstanding subsection (a) above, multi-unit residences, places of
employment, town-owned or controlled public places, and public
events may designate an unenclosed area where smoking or use of
tobacco products is permitted if the area meets all of the following
criteria:
(1) The area is located a reasonable distance, as defined in this chapter,
from any unit or enclosed area where smoking is prohibited by this
chapter or other law; by binding agreement relating to the
ownership, occupancy, or use of real property; or by designation of
a person with legal control over the premises. A designated
smoking area may require modification or elimination as laws
change, as binding agreements are created, and as nonsmoking
areas on nearby premises are established;
(2) The area does not include, and is at least one hundred (100) feet
from, unenclosed areas primarily used by children and unenclosed
areas with improvements that facilitate physical activity including,
for example, playgrounds, swimming pools, and school campuses;
(3) The area includes no more than twenty-five percent (25%) of the
total unenclosed area of a multi-unit residence if located within the
premises of a multi-unit residence;
(4) The area has a clearly marked perimeter;
(5) The area is identified by conspicuous signs;
(6) The area is completely within an unenclosed area; and
(7) The area does not overlap with any enclosed or unenclosed area in
which smoking is otherwise prohibited by this chapter or other
provisions of this Code, state law, or federal law.
(c) Nothing in this section prohibits any person or nonprofit entity with legal
control over any property from prohibiting smoking and tobacco product
use on any part of such property, even if smoking or the use of tobacco
products is not otherwise prohibited in that area.
(Q) Section 28-7 is added to read as follows:
28-7 Smoking Restrictions for New and Existing Units of Multi-unit
Residences; Responsibilities of Homeowner Association in Common
Interest Complexes.
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 6
(a)With respect to all existing units of multi-unit residences in which
smoking was not prohibited by this chapter prior to August 17, 2018, said
units shall become subject to the provisions of this chapter sixty (60) days
following August 17, 2018.
(b) Notwithstanding subsection (a) above to the contrary, each and every
unit of a multi-unit residence, the occupancy of which becomes available for
the first time on or after August 17, 2018, shall be subject to and controlled
by this chapter.
(c) The homeowners association, or its duly-appointed management agent,
for each common interest complex subject to this chapter shall, within sixty
(60) days of August 17, 2018:
(1) Establish a smoke-free policy that meets or exceeds the
applicable provisions of this chapter with respect to the indoor or
outdoor areas of the entire premises;
(2)Notify all owners and residents within the common interest
complex of the smoke-free policy, including a provision that explains
that violations will be treated in the same way as noise pollution or
other rules;
(3) Post signs at the parking lot entrances that notify owners,
residents, their visitors and contractors about the smoke-free policy;
and
(4) Establish a process for addressing complaints, similar to that used
for violations of other homeowner association policies.
(R) Section 28-8 is added to read as follows:
28-8 Required and Implied Lease Terms for Units in Multi-unit
Residences, Signage, Etc.
(a) Required lease terms. Every lease or other agreement for the occupancy
of a unit in a new or existing multi-unit residence shall, consistent with
provisions of Section 28=7, include all of the following:
(A)A clause stating that smoking is prohibited in the unit;
(B) A clause stating that it is a material breach of the lease or
agreement to 1) violate any law regulating smoking while on the
premises; 2) smoke in any unit; 3) smoke in a common area of the
premises except in an unenclosed designated smoking area, provided
that one lawfully exists pursuant to Section 28-5(b);
(C) A clause stating that all lawful occupants of the multi-unit
residence are express third-party beneficiaries of the above-required
clauses.
(b) Whether or not a landlord complies with subsection(a) above,the
clauses required by that subsection shall be implied and incorporated by law
into every agreement to which subsection(a) above applies.
(c) A tenant who breaches a smoking or tobacco product use provision of a
Town of Tiburon Ordinance No.579 N.S. Effective 08/17/2018 Page 7
lease or other agreement or knowingly allows another person to do so shall
be liable to:
(1) The landlord; and
(2) To any lawful occupant of the multi-unit residence who is
exposed to secondhand smoke as a result of that breach. A landlord
shall not be liable to any person for a tenant's breach of smoking or
tobacco product use provisions if the landlord has fully complied
with the requirements of this chapter.
(d) Failure to enforce any smoking or tobacco product use provision of a
lease or other agreement on one or more occasions shall not constitute a
waiver of the lease or agreement provisions required by this section and shall
not prevent future enforcement of any such smoking regulation on another
occasion.
(e) Disclosure of designated smoking area. Every landlord shall maintain a
diagram that illustrates the precise location and configuration of any
designated smoking area. This diagram shall accompany every new lease,
lease renewal, lease extension, or other agreement for the occupancy of a
unit in a multi-unit residence.
(f) "No smoking" signs, with letters of no less than one inch in height or the
international "No smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle crossed by a red bar) shall be
clearly and conspicuously posted in the common areas of multi-unit
residences, at every entrance and exit, and on every floor near an elevator or
common stairwell. Such signs shall be maintained by the landlord. The
absence of signs shall not be a defense to a violation of any provision of this
chapter.
(g) This section shall not create additional liability for a landlord for a
person's violation of this chapter provided that the landlord has fully
complied with the required disclosure, sign posting, and other provisions of
this section and section 28-5(b).
(h) Failure to enforce any smoking provision required by this section shall
not affect the right to enforce such provision in the future, nor shall a waiver
of any breach constitute a waiver of any subsequent breach or a waiver of
the provision itself.
(S) Section 28-9 is added to read as follows:
28-9 Other Requirements and Prohibitions.
(a) No person or nonprofit entity shall knowingly permit smoking or the use
of tobacco products in an area which is under the legal or de facto control of
that person or nonprofit entity and in which smoking or the use of tobacco
products is prohibited by law.
(b) No person or nonprofit entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as, for example, ash trays or
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 8
ash cans, within an area under the legal or de facto control of that person or
nonprofit entity and in which smoking or the use of tobacco products is
prohibited by law, including,without limitation, within a reasonable distance
as defined in this chapter from any area in which smoking or the use of
tobacco products is prohibited. Notwithstanding the foregoing,the presence
of ash receptacles in violation of this chapter shall not be a defense to a
charge of smoking or the use of tobacco products in violation of any
provision of this chapter.
(c) No person shall dispose of used smoking or tobacco product waste
within the boundaries of an area in which smoking or tobacco product use is
prohibited, including within a reasonable distance as defined in this chapter.
(d) Each instance of smoking or the use of tobacco products in violation of
this chapter shall constitute a separate violation. For violations other than for
smoking or the use of tobacco products in violation of this chapter, each day
of a continuing violation of this chapter shall constitute a separate violation.
(T) Section 28-1 l(a) is amended to read as follows:
(a) Any person, business,tobacco retailer, retail tobacco store, or other
establishment subject to this chapter shall post plainly visible signs at each
point of purchase of tobacco products that state "THE SALE OF TOBACCO
PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS
PROHIBITED BY LAW. PHOTO ID REQUIRED. THE FINE FOR
BUYING TOBACCO FOR ANYONE UNDER 21 IS $200". The letters on
said signs shall be at least one-half inch tall. These signs shall be updated as
necessary to conform to any subsequent state or federal requirements or
amendments to Business and Professions Code section 22952 and/or Penal
Code section 308(a) or successor sections thereto.
(U) Section 28-11(c) is amended to read as follows:
(d) Sale of tobacco products at pharmacies is prohibited: All other vendor-
assisted sales of tobacco products in the Town shall require prior
issuance of a conditional use permit pursuant to Title IV, Chapter 16
(Zoning) of this Code. It shall be unlawful for any person,business,
tobacco retailer, or retail tobacco store to sell,permit to be sold, or offer
for sale any tobacco product by means of self-service merchandising, or
by any means other than vendor-assisted sales.
(V) Section 28-12 is added to read as follows:
28-12 Enforcement.
(a)The remedies provided by this chapter are cumulative and in addition to
any other remedies available at law or in equity.
Town of Tiburon Ordinance No. 579 N.& Effective 08/17/2018 Page 9
(b) Each incident of smoking or use of tobacco products or other conduct in
violation of this chapter shall be subject to enforcement pursuant to Chapter
31 of this Code.
(c) The health department officer shall require, while an establishment is
undergoing otherwise mandatory inspections, certification from the owner,
manager, operator or other person having control of such establishment that
all requirements of this chapter have been complied with.
(d) Violations of this chapter are subject to a civil action brought by the
Town, punishable by a civil fine not less than two hundred fifty dollars
($250.00) and not exceeding one thousand dollars ($1,000.00) per violation.
(e) Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this chapter shall also constitute a violation of this chapter.
(f) Any violation of this chapter is hereby declared to be a nuisance.
(g) In addition to other remedies provided by this chapter,this code, or by
other law, any violation of this chapter may be remedied by a civil action
brought by the town attorney, including, but not limited to, administrative or
judicial nuisance abatement proceedings, civil or criminal code enforcement
proceedings, and suits for injunctive relief.
(h) Any person acting for the interests of itself, its members, or the general
public (hereinafter"private enforcer")may bring a civil action in any court
of competent jurisdiction, including small claims court,to enforce this
chapter against any person who has violated this chapter two or more times.
Upon proof of the violations, a court shall grant all appropriate relief,
including awarding damages and/or issuing an injunction or a conditional
judgment.
(i) Except as otherwise provided, enforcement of this chapter is at the sole
discretion of the Town. Nothing in this chapter shall create a right of action
in any person against the Town or its agents to compel public enforcement
of this chapter against private parties.
0) The purposes of this chapter are to restrict and/or prohibit smoking and
use of tobacco products for the benefit of the public health, safety and
welfare. This chapter establishes no new rights for a person who engages in
smoking or the use of tobacco products. Notwithstanding (1) any provision
of this chapter or other provisions of this code; (2) any failure by any person
to restrict smoking or use of tobacco products under this chapter; or(3) any
explicit or implicit provision of this chapter that allows smoking or use of
tobacco products in any place; nothing in this chapter shall be interpreted to
limit any person's legal rights to seek redress or recovery of damages under
other laws as a result of smoking or use of tobacco products, including, for
example, rights in nuisance, trespass, property damage, and personal injury
or other legal or equitable principles.
(W) Section 28-13 is added to read as follows:
28-13 Violations and penalties.
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(a) It is unlawful for any person or non-profit entity who owns, manages,
operates or otherwise controls the use of any premises or areas subject to
regulation under sections 28-3, 28-4, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-
11, or 28-14 of this chapter to fail to comply with any of its provisions.
(b) It is unlawful for any person to smoke or use tobacco products in any
area where smoking or use of tobacco products is prohibited under
provisions of this chapter.
(c) Any person, non-profit entity,business, retail tobacco store, or owner,
manager or operator of any establishment subject to this chapter who
violates any provision of this chapter, other than section 28-11, shall be
deemed guilty of an infraction and upon conviction shall be subject to
payment of a fine not less than two hundred fifty dollars ($250.00) and not
exceeding one thousand dollars ($1,000.00) per violation.
(d) Violations of section 28-11 shall be a misdemeanor.
Section 3. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Section 4. Effective Date.
This ordinance shall be in full force and effect thirty (30) days after the date of
adoption. Pursuant to the provisions of the California Government Code, a summary of this
ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town
Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1)
publish the summary in a newspaper of general circulation in the Town of Tiburon, and(2)
post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen(15)
days after the adoption of this ordinance,the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the
Town Clerk a certified copy of the ordinance along with the names of those Council
members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of
the Town of Tiburon, held on June 20, 2018, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon, held on July 18, 2018, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Weiner
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 11
(a) It is unlawful for any person or non-profit entity who owns, manages,
operates or otherwise controls the use of any premises or areas subject to
regulation under sections 28-3, 28-4, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-
11, or 28-14 of this chapter to fail to comply with any of its provisions.
(b) It is unlawful for any person to smoke or use tobacco products in any
area where smoking or use of tobacco products is prohibited under
provisions of this chapter.
(c) Any person, non-profit entity,business, retail tobacco store, or owner,
manager or operator of any establishment subject to this chapter who
violates any provision of this chapter, other than section 28-11, shall be
deemed guilty of an infraction and upon conviction shall be subject to
payment of a fine not less than two hundred fifty dollars ($250.00) and not
exceeding one thousand dollars ($1,000.00) per violation.
(d) Violations of section 28-11 shall be a misdemeanor.
Section 3. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Section 4. Effective Date.
This ordinance shall be in full force and effect thirty (30) days after the date of
adoption. Pursuant to the provisions of the California Government Code, a summary of this
ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town
Council meeting at which adoption of the ordinance is scheduled;the Town Clerk shall (1)
publish the summary in a newspaper of general circulation in the Town of Tiburon, and(2)
post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen(15)
days after the adoption of this ordinance, the Town Clerk shall (1)publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the
Town Clerk a certified copy of the ordinance along with the names of those Council
members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of
the Town of Tiburon, held on June 20, 2018, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon, held on July 18, 2018, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Thier, Welner
Town of Tiburon Ordinance No. 579 N.S Effective 08/17/2018 Page 11
NAYS: COUNCILMEMBERS: None
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ABSENT: COUNCILMEMBERS: Kulik
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JIM F , MAYOR
TO PF TIBURON
ATTEST:
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DATE: lAevis
LEA STEF NI, TOWN CLERK
Town of Tiburon Ordinance No. 579 N.S. Effective 08/17/2018 Page 12