Chapter 8.24
SMOKING POLLUTION
Sections:
8.24.030 Applicable facilities.
8.24.040 Smoking prohibited in public places.
8.24.050 Smoking prohibited in workplace.
8.24.080 Compliance committee.
8.24.100 Violations and penalties.
8.24.110 Other applicable laws.
8.24.010 Purposes.
A. The city council finds and declares as follows: The United States Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution, and the Surgeon General’s 1986 Report on the Health Consequences of Involuntary Smoking concludes that exposure to tobacco smoke places healthy nonsmokers at risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, bronchoconstriction and bronchospasm. While all members of the population are truly at increased risk due to exposure to sidestream tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders.
B. The Surgeon General labels smoking “the largest single preventable cause of death and disability for the United States population.”
C. Employees subject to prolonged exposure to sidestream smoke in the workplace have been found in scientifically conducted studies to experience a loss of job productivity and some have been forced to take periodic sick leave because of reactions to secondhand smoke. Furthermore, studies have shown higher costs to the employer are associated with smoking in the workplace due to increases in absenteeism, accidents, cost of medical care, loss of productivity, and cleaning and maintenance requirements. A recent scientific study has reported that sidestream smoke from tobacco may cause a significant amount of cardiovascular disease in the United States and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with sidestream smoke. Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment, as well as costly maintenance and repairs to furniture and fixtures.
D. The health care costs produced by smoking-related ailments and diseases constitute a heavy and avoidable financial drain on our community.
E. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort to nonsmokers and constitutes a public nuisance in public places and workplaces. (Ord. 93-02 § 1, 1993)
8.24.020 Definitions.
The following words and phrases, whenever used in this chapter, unless the content indicates otherwise, shall be construed as defined in this section:
“Bar” means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term bar shall not include the restaurant dining area.
“Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
“City” means all land, buildings and physical space within the Hughson city limits.
“Dining area” means any enclosed area containing a counter or tables upon which meals are served.
“Employee” means any person who is employed by an employer in the consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
“Employer” means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.
“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.
“Members of the general public” means shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity; and exclude employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise or services to a commercial enterprise, nonprofit entity or the city.
“Nonprofit entity” means any corporation, unincorporated association, or other entity created for charitable, philanthropic, educational, character building, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section.
“Person” means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind except the city or any other public agency.
“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:
1. Work areas;
2. Employee lounges and rest rooms;
3. Conference and classrooms;
4. Employee cafeterias; and
5. Hallways.
“Private party” means a social gathering to which the participants are invited by written invitation prior to the event, and to which the general public is not invited.
“Public place” means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to:
1. Banks;
2. Educational facilities;
3. Health facilities;
4. Public transportation facilities;
5. Recreational areas;
6. Restaurants;
7. Retail stores;
8. Retail service establishments;
9. Theaters;
10. Retail food production and marketing establishments; and
11. Waiting rooms.
A private residence is not a “public place.”
“Recreational area” means any outdoor area that is publicly owned or operated by the city of Hughson 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, existing or future parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, and skateboard parks. Recreational areas shall also include any parking lot or other designated parking areas for vehicles of persons accessing and using a recreational area.
“Regular business hours” refer to the hours between 8:00 a.m. and 5:00 p.m.
“Restaurant” means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term “restaurant” shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined in this section.
“Service line” means any indoor line at which one or more persons is waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
“Smoking” means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed or plant, tobacco, nicotine product, gases, particles, or vapors, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted marijuana, lighted plant, electrical ignition or vaporization device used primarily for human inhalation, or other ignited combustible substance in any manner or in any form, including, but not limited to, electronic cigarettes and hookah pipe.
“Sports arena” means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.
“Tobacco store” means any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
“Work area” or “workplace” means any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer. (Ord. 15-01 §§ 1, 2, 2015; Ord. 93-02 § 1, 1993)
8.24.030 Applicable facilities.
All enclosed facilities owned by or leased by the city are subject to the provisions of this chapter. (Ord. 93-02 § 1, 1993)
8.24.040 Smoking prohibited in public places.
Smoking is prohibited in public places, including, but not limited to the following:
A. Elevators;
B. Buses, taxicabs and other means of public transit, and ticket, boarding and waiting areas of public transit depots;
C. Rest rooms;
D. Service lines;
E. Retail stores;
F. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to professional offices and other offices;
G. Restaurants;
H. Public areas of aquariums, galleries, libraries and museums when open to the public;
I. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production;
J. Sports arenas and convention halls;
K. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies or the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;
L. Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices, dentists’ offices, and long-term care facilities;
M. Common areas in apartment buildings, condominiums, retirement facilities and long-term care facilities;
N. Polling places;
O. Enclosed common areas in shopping malls;
P. Barbershops, beauty shops, cleaners, laundromats, and other places where members of the general public congregate for service or otherwise frequent;
Q. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment;
R. Recreational areas. (Ord. 15-01 § 3, 2015; Ord. 93-02 § 1, 1993)
8.24.050 Smoking prohibited in workplace.
A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications.
B. Each employer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
C. The smoking policy shall be communicated to all employees within three weeks of its adoption.
D. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. (Ord. 93-02 § 1, 1993)
8.24.060 Exempt areas.
Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
A. Private residences, except when used as a child care or health care facility;
B. Private parties held after regular business hours; providing, that there is no impact on the general public and that no membership affiliation is required to attend the party;
C. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. (Ord. 93-02 § 1, 1993)
8.24.070 Posting of signs.
A. “No Smoking” signs 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 regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.
B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each featured motion picture.
C. Every restaurant and bar shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. (Ord. 93-02 § 1, 1993)
8.24.080 Compliance committee.
A. A smoking pollution control ordinance compliance committee shall be established which shall be composed of the city manager as chairperson, director of public works, and two other persons designated by the city council.
B. If any person subject to this chapter is not satisfied with the provision of this chapter, then the person may make written application to the committee for an exemption or modification to any provision of this chapter. The application must allege and prove unusual circumstances or conditions such as a showing of financial impracticability. The committee shall consider such application and make recommendations to the city council. The city council has the sole discretion whether to grant any exemption or modifications to the requirements of this chapter.
C. No application for an exemption from the requirements of this chapter may be made pursuant to this section for 90 days following the effective date of the ordinance codified in this chapter.
D. Should an exemption from the requirements of this chapter be granted, the owner of the business must post a detailed sign on the door of the establishment stating the following: Smoking is hazardous to health, it is a known carcinogen, and it can cause lung cancer and heart problems.
E. The fire chief shall require, while an establishment is undergoing otherwise mandated inspections, a “self-certification” from the owner, manager, operator or the person having control of such establishment that all requirements of this chapter have been complied with.
F. Any owner, manager, operator or employee of any establishment regulated by this chapter may inform persons violating this chapter of the appropriate provision thereof. (Ord. 93-02 § 1, 1993)
8.24.090 Enforcement.
A. Enforcement of this chapter shall be by the city manager.
B. Any person who desires to register a complaint under this chapter may do so by filing it with the city manager. Any person may bring legal action to enforce any provision of this chapter after notification to the city manager. (Ord. 93-02 § 1, 1993)
8.24.100 Violations and penalties.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.
B. It is unlawful for any persons to smoke in any area where smoking is prohibited by the provisions of this chapter.
C. Any person who violates any provision of this chapter by smoking in a posted no-smoking area or otherwise violates any provision of this chapter is guilty of an infraction, and, upon conviction thereof, shall be punished by a fine of $100.00 for the first offense; $200.00 for the second offense (in the same year); and $500.00 for the third offense (in the same year).
D. 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 right to a smoke-free environment afforded by this chapter. (Ord. 93-02 § 1, 1993)
8.24.110 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 93-02 § 1, 1993)