Chapter 9.10
REGULATION OF SMOKING
9.10.020 Prohibition of smoking in enclosed places.
9.10.030 Regulation of smoking in places of employment.
9.10.040 Smoking—Optional areas.
9.10.050 Posting requirements.
9.10.070 Violations and penalties.
9.10.080 Other applicable laws.
9.10.010 Definitions.
The following words and phrases, whenever used in the ordinance codified in this chapter, shall be deemed to have the meanings set forth in this section, unless it shall be apparent from the context that they have a different meaning.
(a) "Bar" or "tavern" 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.
(b) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
(c) "Employer" means any person, partnership, corporation, including municipal corporation, who employs the services of another person.
(d) "Enclosed" means closed in by roof and floor-to-ceiling walls with appropriate openings for ingress and egress.
(e) "Indoor service lines" means any indoor line at which one or more persons are waiting for or receiving service of any kind whether or not such service includes the exchange of money.
(f) "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 and restrooms, conference rooms, employee cafeterias and hallways. A private residence is not a place of employment, unless the residence is used as a child care or a health care facility.
(g) "Smoking" means the carrying or holding of a lighted pipe, cigar, or 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. (Ord. 1053 § 1 (part), 1986).
9.10.020 Prohibition of smoking in enclosed places.
Smoking shall be prohibited in the following places:
(1) All enclosed areas available to and customarily used by the general public including city-owned facilities and all businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies, banks, and other business offices;
(2) Within all restaurants having an occupied capacity of fifty or more persons; provided, however, that this prohibition does not prevent:
(A) 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
(B) The providing of separate rooms designated as smoking rooms, so long as the rooms do not contain more than fifty percent of the seating capacity of the restaurant;
(3) Waiting rooms, hallways, wards, and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices and other facilities shall also be subject to the provisions of Section 9.10.030 regulating smoking in places of employment;
(4) Elevators, public restrooms, indoor service lines, buses, 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:
(A) The establishment of separate waiting areas for smokers and nonsmokers; or
(B) The establishment of not more than fifty percent of a given waiting area as a smoking area;
(5) In public areas of museums and galleries;
(6) Enclosed 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;
(7) 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;
(8) 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;
(9) 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. 1053 § 1 (part), 1986).
9.10.030 Regulation of smoking in places of employment.
(a) It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within existing facilities to the extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
(b) Employers shall prohibit smoking in conference and meeting rooms, classrooms. auditoriums, restrooms, medical facilities, hallways and elevators.
(c) Any employee in a place of employment shall be given the right to designate his or her immediate work area, as reasonably defined, as a nonsmoking area and to post the same with an appropriate sign or signs, approved by or provided by the employer.
(d) In any dispute arising related to smoke-free areas, the rights of the nonsmoker shall be given precedence.
(e) Employer shall provide for the maintenance of a separate and contiguous nonsmoking area of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges.
(f) Notwithstanding the provisions of subsection (a) of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. (Ord. 1053 § 1 (part), 1986).
9.10.040 Smoking—Optional areas.
Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
(1) Private residences, unless the residence is used as a child care or a health care facility;
(2) Bars or taverns;
(3) Hotel and motel rooms rented to guests;
(4) Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;
(5) Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions;
(6) A private residence which may serve as a place of employment;
(7) A private enclosed place 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 department or by any law, ordinance or regulation. (Ord. 1053 § 1 (part), 1986).
9.10.050 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 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 place.
(b) Every restaurant regulated by this chapter will have posted at its entrance a sign clearly stating that a nonsmoking section is available. (Ord. 1053 § 1 (part), 1986).
9.10.060 Enforcement.
(a) Enforcement shall be implemented by the Yuba County health department at no charge to the city and/or any establishment herein regulated.
(b) Any citizen who desires to register a complaint hereunder may initiate enforcement with the Yuba County health officer, or his designees.
(c) Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. (Ord. 1053 § 1 (part), 1986).
9.10.070 Violations and penalties.
(a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to:
(1) Properly post signs required hereunder;
(2) Properly set aside no smoking areas; or
(3) Comply with any other requirements of this chapter.
(b) It is unlawful for any person to smoke in areas restricted by provisions of this chapter.
(c) Any person/business who violates subsection (a) or (b) of this section, or any provisions of this chapter, shall be guilty of an infraction, punishable by:
(1) A fine of one hundred dollars, for the first offense;
(2) A fine of two hundred dollars, for a second offense within one year;
(3) A fine of three hundred dollars, for each additional violation of this chapter within one year. (Ord. 1160 § 17, 1993: Ord. 1053 § 1 (part), 1986).
9.10.080 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 1053 § 1 (part), 1986).