It shall be unlawful for any real estate agent, salesman, or
broker, or any agent thereof, directly or indirectly, to solicit,
or attempt to solicit, any owner of single-family residential real
property located within the City of Berkeley for the purpose of having
such owner sell or lease any such single-family residential property,
or for the purpose of having said owner list for sale or lease any
such single-family residential property, or for the purpose of having
said owner list for sale or lease any such single-family residential
real estate located within the City of Berkeley.
All human bodies buried in any cemetery within the City limits
of the City of Berkeley shall be buried at least six (6) feet or deeper.
[Ord. No. 4577, 10-21-2019]
A. Definitions.
The following words, terms or phrases, whenever used in this Section
shall be construed as follows:
CITY BUILDINGS
All buildings owned and operated by the City. This includes
police and fire bays.
CITY VEHICLES
All vehicles owned and operated by the City and its employees.
EMPLOYEE
Any person hired by the City, full-time, part-time, seasonal,
or temporary.
B. Prohibition
Of Smoking In Enclosed Places Of Employment, City Vehicles, And Other
Public Places.
1. It shall be unlawful for any person within an enclosed place of employment,
or City vehicle to possess lighted or heated smoking materials in
any form, including but not limited to the possession of lighted or
heated cigarettes, cigars, pipes or other tobacco products; including
e-cigarette products.
2. It shall be unlawful for any person within an enclosed public place,
or within any other places hereinafter specified, to possess lighted
or heated smoking materials in any form, including but not limited
to the possession of lighted or heated cigarettes, cigars, pipes or
other tobacco products, including but not limited to the following
places:
a. Elevators in public buildings.
b. Restrooms in public buildings.
c. Any indoor place of entertainment or recreation, including, but not
limited to, civic center, and swimming pool.
d. Police Sally-port, fire bays, public works, and parks buildings.
e. Any other area used by the public or serving as a place of work.
f. Council chamber, place of meeting or public assembly, under the control
of any board, council, commission, committee, including, but not limited
to, joint committees.
g. All enclosed areas owned by the City.
h. Rooms in which meetings or hearings open to the public are held.
i. Sidewalks, driveways, parking lots, and other open areas within twenty-five
(25) feet of the entry to any building owned or occupied by any governmental
entity, or within twenty-five (25) feet of the entry to any building
open to the public. Signs shall be posted. See Appendix A for examples
of said signs on file in the City offices.
3. It shall be unlawful to dispose of smoking waste, or to place or
maintain a receptacle for smoking waste, in an area in which smoking
is prohibited under this Section.
C. Establishing A Smoke-Free Workplace. Notwithstanding any other provision of this Section, the Council declares that the City of Berkeley is a smoke-free workplace. No person shall smoke in places so declared and posted with signs pursuant to Subsection
(B) of this Section.
D. Enforcement.
This Section shall be enforced by the City Manager or any authorized
designee of the City Manager. Every department head and manager shall
enforcement this policy.
E. Penalties.
Employees who violate this policy, shall be subject to disciplinary
action in accordance to the City's Personnel Handbook.
1. First Offense — Written warning.
2. Second Offense — Written notice of suspension, up to nine (9)
days off without pay, including intent to terminate employee.
3. Third Offense — Written notice of termination.