Chapter 8.08
SMOKING IN PUBLIC PLACES
Sections:
8.08.010 Purpose of provisions.
8.08.020 Definitions.
8.08.030 City-owned facilities regulated.
8.08.040 Enclosed places where smoking is prohibited.
8.08.050 Places of employment regulated.
8.08.060 Areas exempt from restrictions.
8.08.070 Posting requirements.
8.08.080 Variances.
8.08.090 Enforcement of provisions.
8.08.100 Retaliation prohibited.
8.08.110 Chapter provisions not exclusive.
8.08.120 Violation—Penalty.
8.08.010 Purpose of provisions.
The purpose of this chapter is to protect the public health and welfare by regulating smoking in public places and places of employment and to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breath smoke-free air, and to recognize that, when these needs conflict, the needs to breathe smoke-free air shall have priority. (Ord. 429-89 § 1, 1989)
8.08.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:
“Bar” means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
“City” means the city of Cloverdale, state of California.
“Employee” means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
“Employer” means any person, partnership, corporation, including municipal corporation, who employs the services of more than three persons.
“Enclosed” means closed in by roof and four walls with appropriate openings for ingress and egress.
“Place of employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias or eating places. A private residence is not a place of employment for purposes of this chapter, unless it is used as a child care or health care facility.
“Smoking” means the carrying or holding of a lighted pipe, cigar, cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
“Sports arena” means the enclosed sports pavilions, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events. (Ord. 429-89 § 2, 1989)
8.08.030 City-owned facilities regulated.
All enclosed facilities and transit buses owned, leased, or operated by the city or under control of the city council shall be subject to the provisions of this chapter. (Ord. 429-89 § 4, 1989)
8.08.040 Enclosed places where smoking is prohibited.
Smoking shall be prohibited in the following places within all areas of the city:
A. All enclosed areas within businesses available to and customarily used by the general public including, but not limited to, retail stores, hotels and motels, pharmacies, banks, attorneys’ offices and other offices;
B. Within all restaurants of fifty seats or more provided, however, that this prohibition does not prevent:
1. The designating of a contiguous area within the restaurant that contains no more than fifty percent of the seating capacity of the restaurant as a smoking area, or
2. The providing of separate rooms designated as smoking rooms, so long as said rooms do not contain more than fifty percent of the seating capacity of the restaurant;
C. Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’ offices, except that health facilities shall also be subject to the provisions of Section 8.08.050 of this chapter regulating smoking in places of employment;
D. Elevators, public restrooms, indoor service lines, buses, taxicabs, public airports, and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent:
1. The establishment of separate waiting areas for smokers and nonsmokers, or
2. The establishment of at least fifty percent of a given waiting area as a nonsmoking area;
E. In public areas of museums and galleries;
F Enclosed seating areas of theaters, auditoriums, and halls which are used for motion pictures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production;
G. Enclosed sports arenas, convention, church, social and auditorium halls; provided, however, that this prohibition does not prevent the designation of smoking areas not to exceed fifty percent of the seating capacity and floor space;
H. Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments set aside for the serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by this chapter,
I. Public schools and other public facilities under the control of another public agency, which are available to and customarily used by the general public, to the extent that the same are subject to the jurisdiction of the city;
J. Notwithstanding any other provisions of this chapter, any owner, operator, manager or other person who controls any establishment subject to this chapter may declare that entire establishment as a nonsmoking establishment. (Ord. 429-89 § 5, 1989)
8.08.050 Places of employment regulated.
A. It shall be the responsibility of employers to make reasonable effort to provide smoke-free area for nonsmokers within existing facilities.
B. Within ninety days of the effective date of the ordinance codified in this chapter, each employer and each place of employment located within the city, shall adopt, implement, make known to employees and public, and maintain a written smoking policy, which shall contain at a minimum the following requirements:
1. Prohibition of smoking in conference and meeting rooms, classrooms, restrooms, medical facilities, hallways and elevators;
2. Any employee in a place of employment shall be given the right to designate his/her immediate work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer. The policy adopted by the employer shall include a reasonable definition of the term “immediate work area”;
C. Provision and maintenance of a separate and/or contiguous nonsmoking area of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges;
D. The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter. All new employees shall be informed of the policy during initial orientation and in no case later than three weeks after employment;
E. Notwithstanding the provisions of subsection A of this section, every employer shall have the right to designate any place of employment, or portion thereof, as a nonsmoking area. (Ord. 429-89 § 6, 1989)
8.08.060 Areas exempt from restrictions.
Notwithstanding any other provision of this chapter, the following areas shall not be subject to the smoking restrictions of this chapter:
A. Private residences, unless the residence is used as a child care or a health care facility;
B. Bars;
C. Hotel or motel rooms rented to guests;
D. Retail stores that deal primarily in the sale of tobacco and smoking paraphernalia;
E. Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions;
F. A private enclosed space occupied exclusively by smokers, even though such a place may be visited by nonsmokers, and private enclosed offices, excepting places in which smoking is prohibited by the fire agency of jurisdiction or by any other law, ordinance or regulation. (Ord. 429-89 § 7, 1989)
8.08.070 Posting requirements.
A. “Smoking” or “No Smoking” signs, whichever are appropriate, with letters of not 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 with a red bar across it, shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other places.
B. Every restaurant regulated by this chapter shall have posted at its entrance a sign clearly stating that a nonsmoking section is available, and where escorted seating is provided, every patron shall be asked as to his or her preference. (Ord. 429-89 § 8, 1989)
8.08.080 Variances.
A. In order to prevent or lessen unnecessary hardship or practical difficulties in exceptional cases, any owner, manager, operator or employer of any establishment subject to this chapter may file a written application for a variance with the chief of police for subsequent action by the city council. The city council may grant such variance only when unusual hardship will result from the strict application of this chapter.
B. Establishments which have been granted a variance under this chapter shall have clearly and conspicuously posted at each of their entrances a sign with the statement: “WARNING: This establishment has been granted a variance to the Cloverdale Smoking Ordinance. Exposure to second-hand smoke may be hazardous to your health.”
C. The word “WARNING” shall be in capital letters not less than one inch in height, and the entire sign shall be clearly legible. (Ord. 429-89 § 9, 1989)
8.08.090 Enforcement of provisions.
A. Any owner, manager, operator or employer of any establishment subject to this chapter shall have the responsibility to inform any apparent violator, whether public or employee, about any smoking restrictions in the establishment, and shall attempt at all times to obtain voluntary compliance by any apparent violator.
B. Any citizen who desires to register a complaint under this chapter may initiate the complaint by filing a written complaint with the police department.
C. While an establishment is undergoing otherwise mandated inspections, a “self-certification” will be required from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. (Ord. 429-89 § 3, 1989)
8.08.100 Retaliation prohibited.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. (Ord. 429-89 § 11, 1989)
8.08.110 Chapter provisions not exclusive.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 429-89 § 12, 1989)
8.08.120 Violation—Penalty.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this chapter to fail to:
1. Properly post signs required hereunder,
2. To provide signs for the use of employees in designating their areas;
3. To properly set aside “No Smoking” areas;
4. To adopt a smoking restriction policy; or
5. To comply with any other requirements of this chapter.
B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. Any person or business that violates subsections A or B or any other provisions of this chapter shall be guilty of an infraction, punishable by:
1. A fine, not exceeding one hundred dollars for first violation;
2. A fine, not exceeding two hundred dollars for a second violation of this chapter within one year,
3. A fine, not exceeding five hundred dollars for each additional violation of this chapter within five years. (Ord. 429-89 § 10, 1989)