The purpose of this chapter is to promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco users and by discouraging actions that promote the unlawful sale of tobacco products to minors as well as the unlawful purchase or possession of tobacco products by minors.
(Ord. 856-98 § 1)
The city council hereby incorporates and adopts as its findings each and every preamble set forth in the recital portion of the ordinance codified in this chapter.
(Ord. 856-98 § 1)
"Advertising"
means printed matter that calls the public's attention to things for sale.
"Advertising display"
means any sign, billboard, signboard, poster, placard, pennant, banner, graphic display, mural, or similar device that is used to advertise or promote a product.
"Area which minors frequent"
means any public or private kindergarten, elementary, middle, junior high, or high school; licensed child-care facility or preschool, but not including family day-care; playground; youth center; recreational facility; arcade; park; or library.
"Person"
means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.
"Promotion"
means a display of any logo, brand name, character, graphic, artwork, colors, scenes, or designs that are a recognized image of a particular product brand that calls the public's attention to the product brand.
"Publicly visible location"
means any outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or any location inside a commercial establishment that is in or adjacent to a window or doorway and is visible from any street, sidewalk, or other public thoroughfare.
"Tobacco product"
means any substance containing any tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.
(Ord. 856-98 § 1)
A. 
Except as otherwise provided in this chapter, no person shall place or maintain, or cause or allow to be placed or maintained, any advertising or promotion of tobacco products on any advertising display in a publicly visible location.
B. 
No part of this chapter shall be construed to permit any advertising display that is otherwise restricted or prohibited by law. Nor shall it be construed to permit an otherwise restricted or prohibited advertising display because it is combined with a permitted public service message.
C. 
No part of this chapter shall be construed to regulate messages that do not propose a commercial transaction.
(Ord. 856-98 § 1)
This chapter shall not apply to any advertising display:
A. 
That is located in a nonresidential zone, provided it is more than one thousand feet in any direction (measured in a straight line from parcel boundary to parcel boundary) from any area which minors frequent; or
B. 
That is located within six hundred sixty feet from the edge of the right-of-way of, and the copy on which is visible from, an interstate highway; or
C. 
That exists at the time of the introduction of the ordinance codified in this chapter, contains the name or slogan of a business that sells tobacco products, and is on the premises of the business; or
D. 
1. 
That contains a generic description of tobacco products, or
2. 
That is located on the premises of a commercial establishment if the advertising display provides notice that the establishment sells tobacco products, as long as the display does not promote any brand of tobacco product or otherwise constitute a "promotion" as defined in this chapter, or
3. 
That is no larger than six square feet and contains only black text, in any language, not exceeding eight inches in height on a white background stating "Tobacco Products Sold Here" located within ten feet of an entrance to the premises where tobacco products are sold or offered for sale, or
4. 
That contains only black text, in any language, on a white background and states a tobacco product brand name, or a tobacco product brand name and its price, or indicates that tobacco products are sold on the premises, and is located within ten feet of an entrance to the premises where tobacco products are sold or offered for sale, provided that any such premises shall not have more than one such sign; or
E. 
That is located on tobacco product packaging; or
F. 
That is worn as clothing by an individual.
(Ord. 856-98 § 1)
A. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation. After notification, it shall be a separate offense for each day such violation shall continue.
B. 
Violations of this chapter shall be prosecuted as infractions, pursuant to this code, for the first and second violations in a twelve-month period; and thereafter as misdemeanors, pursuant to this code.
C. 
Violations of this chapter are hereby declared to be public nuisances.
D. 
In addition to other remedies provided by this chapter, any violation of this ordinance may be enforced by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
E. 
An action for injunction may be brought in a court of competent jurisdiction by any aggrieved person, or any person or entity that will fairly and adequately represent the interests of the protected class.
(Ord. 856-98 § 1)
A. 
The effective date of the ordinance codified in this chapter shall be thirty days from the date of its second reading and adoption by the city council.
B. 
On the effective date of the ordinance codified in this chapter, advertising displays that were in place at that time may remain in place for no more than sixty additional days, unless an extension of time is granted pursuant to this chapter.
C. 
Owners of advertising displays in place on the effective date of the ordinance codified in this chapter may, by the sixtieth day thereafter, apply for an extension of time for compliance and provide written documentation to the city manager, or designee, that demonstrates that the owner had a right or an obligation under a written lease or contract executed prior to the effective date of the ordinance codified in this chapter to maintain an advertising display in violation of this chapter for a period extending beyond the sixtieth day thereafter. On timely receipt of sufficient documentation, the city manager, or designee, shall grant an extension of time to remove the advertising display for the period required or authorized by the lease or contract or for a period of one year, whichever is shorter. Renewal rights present in the lease or contract shall not affect the determination of the period required or authorized by the lease or contract.
D. 
Owners of advertising displays in place on the effective date of the ordinance codified in this chapter may, by the sixtieth day thereafter, apply for an extension of time for compliance and provide written documentation to the city manager, or designee, that demonstrates that timely compliance would cause unreasonable financial hardship and that granting the extension of time would not confer a special privilege on the owner. On timely receipt of sufficient documentation, the city manager or designee shall conduct a hearing to determine whether, and on what conditions, the extension of time shall be granted.
E. 
Whether or not an extension of time to remove a preexisting advertising display is granted pursuant to Sections 5.50.070(C) or 5.50.070(D) of this chapter, advertising displays that are prohibited by this chapter shall not be legal nonconforming uses.
(Ord. 856-98 § 1)