Modesto Municipal Code Art. 7 Exemption Procedures

There is established a Smoking Pollution Control Ordinance Compliance Committee composed of the Health Officer of the City of Modesto as chairperson and two (2) other persons appointed by the City Council.

(Ord. 2842-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)

(a) Any owner or manager of a business or other establishment subject to this chapter may make a written application to the committee for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions. The committee shall consider such written application and may make any exemptions or modifications to the requirements of this chapter as are in keeping with the purposes of this chapter as may be necessary and proper considering the unusual conditions or circumstances presented.

(b) Exemptions may only be granted on the proposed implementation of an alternative approach or technology which would provide equivalent protection from the health hazards of sidestream smoke.

(c) The applicant will be entitled to present evidence at the hearing which will be scheduled within sixty (60) days of the receipt of the application.

(d) The committee will, after taking into consideration the testimony received at the hearing, issue its findings and recommendations within twenty (20) days of the completion of the hearing.

(Ord. 2842-C.S., § 1, amended by Ord. 2883-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15)