Chapter 8.34
REGULATION OF SMOKING AT PUBLIC PLACES AND PLACES OF EMPLOYMENT

Sections:

8.34.010    Title.

8.34.020    Findings and purpose.

8.34.030    Definitions.

8.34.040    City-owned, leased or operated facilities.

8.34.050    Regulation of smoking in enclosed public places.

8.34.060    Regulation of smoking in places of employment.

8.34.070    Places where smoking is not regulated.

8.34.080    Separation of nonsmoking and smoking areas.

8.34.090    Request for modification or exemption.

8.34.100    Sign posting requirements.

8.34.110    Notice of complaint.

8.34.120    Violations and penalties.

8.34.130    Prohibition of retaliation.

8.34.140    Applicability of other laws.

8.34.150    Severability.

8.34.010 Title.

This chapter shall be known and may be cited as “the ordinance regulating smoking.” (Ord. 1024 § 1, 1993)

8.34.020 Findings and purpose.

The City Council makes the following findings and statement of purpose with respect to the adoption of the ordinance codified in this chapter:

(A) Scientific studies conducted by the Surgeon General of the United States and the United States Environmental Protection Agency have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand and sidestream smoke is a significant health hazard to children and teenagers, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function.

(B) Health hazards induced by exposure to secondhand and side-stream smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, broncho-constriction and broncho-spasm, and heart disease.

(C) All persons, including employees, have the right to a smoke-free environment if they so desire.

(D) The City Council finds and determines that the City is authorized under its police power to implement and enforce this chapter in order to protect the public health, safety and welfare of its residents and visitors by prohibiting smoking in certain public places and places of employment; to guarantee the rights of nonsmokers to breathe smoke-free air; and to recognize that the need to breathe tobacco smoke-free air has priority over the desire to smoke. (Ord. 1024 § 1, 1993)

8.34.030 Definitions.

For the purpose of this chapter certain words and phrases shall be defined as follows:

“Bar” means an establishment which is devoted to the serving of alcoholic beverages for consumption by patrons 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 any restaurant dining area.

“City” means the City of Palmdale.

“Employee” means any person engaged in the operation or conduct of any business in the City, whether as an owner, a member of the family, or as a partner, agent, manager, solicitor, apprentice, trainee or any other category of person employed or working in such business.

“Employer” means any person, partnership, corporation, including a municipal corporation or nonprofit entity, who engages the services of one or more individuals.

“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.

“Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational or other similar purposes, the net proceeds from the operation of which are committed to the promotion of the objectives or purposes of the organization and not for private financial gain.

“Place of employment” means an enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, restrooms and employee cafeterias.

“Public place” means any area to which the public is generally invited or permitted.

“Restaurant” means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, including any associated outdoor eating area, 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 bar as defined in this section.

“Smoking” means the inhaling, exhaling, burning or carrying of any lighted pipe, cigar, cigarette, weed, plant or other combustible substances in any manner or in any form. Smoking includes the use of an electronic cigarette or any other electronic and/or battery operated device used to deliver an inhaled dose of nicotine or other substance.

“Tobacco store” means a retail establishment, the primary use of which is the sale of tobacco products and accessories and in which the sale of other items is merely incidental.

“Waiting lines or areas” means any indoor line or area in which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money or other consideration. (Ord. 1456 § 2, 2014; Ord. 1024 § 1, 1993)

8.34.040 City-owned, leased or operated facilities.

(A) All enclosed facilities which are owned, leased or operated by the City, including vehicles, shall be subject to the provisions of this chapter.

(B) Smoking shall be prohibited at all outdoor facilities, including parks, which are owned, leased or operated by the City.

(C) Notwithstanding the provisions of subsection (B) of this section, smoking shall be prohibited, except in those areas designated as smoking areas, at the following facilities:

(1) Palmdale Amphitheater;

(2) Palmdale Transportation Center; and

(3) Larry Chimbole Cultural Center.

(D) The City Manager, or his or her designee, is authorized to establish, and change, the designated smoking area(s) for each facility identified in subsection (C) of this section. The City Manager, or his or her designee, shall conspicuously post, or cause to be posted, at every designated smoking area, signs identifying that area as a location where smoking is permitted. (Ord. 1433 § 1, 2012; Ord. 1291 § 2, 2006; Ord. 1024 § 1, 1993)

8.34.050 Regulation of smoking in enclosed public places.

(A) Smoking shall be prohibited in all enclosed public places located within the City during the time such places are open for use by the general public, including but not limited to the following:

(1) Modes of public transportation such as buses and taxicabs. This shall also include ticket, boarding and waiting areas of public transportation depots; provided, however, that this prohibition does not prevent:

(a) The establishment of two separate waiting areas for smokers and nonsmokers; or

(b) The establishment of a maximum of 25 percent of a single waiting area as a smoking area;

(2) Public restrooms;

(3) Service or waiting line areas;

(4) Retail stores, except areas not open or accessible to the general public;

(5) All areas available to and customarily used by the general public in all businesses and nonprofit entities, including, but not limited to, offices, banks, hotels and motels;

(6) Waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor’s offices and dentist’s offices, except that such health facilities shall also be subject to the provisions of PMC 8.34.060 regulating smoking in places of employment;

(7) Any enclosed building, hall or theater used for entertainment, including theaters, auditoriums and sports arenas. This does not include any lobby or other area which is not open to the general public or when smoking is part of a theatrical stage production;

(8) Retail food marketing establishments, including grocery stores and supermarkets, except those areas not open to the general public and those areas of such establishments set aside for the serving of food and beverages which are regulated by other sections of this chapter;

(9) 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 said facilities are subject to the jurisdiction of the City;

(10) Any restaurant; provided, that any owner, operator or manager of a restaurant regulated by this chapter may, by signs, designate no more than 50 percent of the total seating area capacity as a smoking area;

(11) Forty percent of hotel/motel rooms rented to guests. Each nonsmoking room shall be clearly posted with a sign designating the room as nonsmoking;

(12) Public elevators, enclosed stairwells, hallways and other common areas in apartment buildings, condominiums, retirement facilities and nursing homes;

(13) Lobbies, hallways and other common areas in multiple-unit commercial facilities;

(14) Enclosed recreational areas, such as gymnasiums, roller skating rinks, indoor swimming pools and health spas;

(15) Polling places.

(B) Notwithstanding any other provision of this chapter, any owner, operator, manager or other person who controls any establishment described in this chapter may declare the entire establishment as a nonsmoking establishment. (Ord. 1024 § 1, 1993)

8.34.060 Regulation of smoking in places of employment.

(A) All employers shall adopt a written smoking policy and make it available to all current and prospective employees within 90 days of the effective date of this chapter. This policy shall include the treatment of private offices occupied exclusively by smokers, and shall require the posting of appropriately sized “no smoking” signs where applicable. It shall be the responsibility of employers to provide smoke free areas for nonsmokers within facilities to the extent reasonably possible, but employers are not required to incur any expense to make structural or other physical modifications in providing such areas. The total area designated for nonsmokers and smokers shall be determined by each employer in accordance with one of the following methods:

(1) The employer shall conduct an annual poll of all employees to determine the percentage of smokers and nonsmokers. The employer shall then establish smoking and nonsmoking areas within lunchrooms, breakrooms, cafeterias and employee lounges in proportion to these percentages; or

(2) An employer may establish nonsmoking areas of not less than 50 percent of the seating capacity and floor areas in lunchrooms, breakrooms, cafeterias and employee lounges.

(B) Notwithstanding any other provision of this section, every employer shall have the right to designate the entire work place as a nonsmoking establishment. (Ord. 1024 § 1, 1993)

8.34.070 Places where smoking is not regulated.

(A) Notwithstanding any provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

(1) Private residences, except when used as a child care or health care facility;

(2) Bars or cocktail lounges, bowling alleys, billiard halls and bingo parlors;

(3) Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while such rooms are being used for private functions;

(4) Private enclosed offices or workplaces occupied exclusively by smokers and not accessible to the public, even though such an office or workplace may be visited by nonsmoking co-workers; provided, that nonsmokers are not required to enter these work places as a function of their employment. Nothing contained herein shall be construed to permit smoking where it is otherwise prohibited by other applicable laws.

(B) Notwithstanding any other provision of this section, any owner, operator or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. (Ord. 1024 § 1, 1993)

8.34.080 Separation of nonsmoking and smoking areas.

(A) Where feasible, all nonsmoking areas shall be physically separated from permitted smoking areas by structural means. Owners or operators of currently existing uses shall not be required to make any structural modifications to separate such nonsmoking and smoking areas; however, such areas shall be physically separated to the extent reasonably possible.

(B) Where designated smoking and nonsmoking areas can not be structurally separated, the installation of smoke extractors or other similar air filtering systems may be required where deemed necessary by the code enforcement division to reduce the level of smoke in nonsmoking areas to an acceptable level.

(C) The interior design of new construction shall accommodate smoking and nonsmoking areas where required by this chapter. (Ord. 1024 § 1, 1993)

8.34.090 Request for modification or exemption.

(A) Any owner, operator or manager of an establishment or other workplace subject to the provisions of this chapter may request a modification or an exemption from said requirements due to financial hardship, based upon the cost of complying with the provisions of this chapter.

(B) Said request shall be submitted in writing to the City’s Planning Department and shall be subject to a public hearing before the City’s Hearing Officer.

(C) Approval of a modification or exemption request may be granted only upon a finding made by the reviewing authority upon evidence presented by the applicant prior to or at the public hearing that it would be a financial hardship for the applicant to comply with the requirements of this chapter.

(D) Appeals from the Hearing Officer’s decision may be filed pursuant to the provisions of Article 105 of Chapter 10 of the Palmdale zoning ordinance.

(E) The applicant shall pay all applicable fees associated with the review of any such request as established by resolution of the City Council. (Ord. 1024 § 1, 1993)

8.34.100 Sign posting requirements.

(A) Every owner, operator or person having control of a building or workplace where smoking is regulated by this chapter shall conspicuously post or cause to be posted in every such building or workplace “smoking” or “no smoking” signs, as applicable, with individual letters of not less than three inches in height, or with 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).

(B) Every owner, manager or operator of a movie theater subject to this chapter shall conspicuously post or cause to be posted signs in the lobby stating that smoking is prohibited within the theater or auditorium, and such information shall be shown on the movie screen for at least five seconds prior to the showing of each feature motion picture.

(C) Every owner, operator or manager of a restaurant shall post signs at each public entrance or reception area which designate smoking and nonsmoking areas, and which clearly direct patrons to the appropriate area of the restaurant. The restaurant owner, operator or manager shall establish a policy requiring that all patrons be asked their seating preference. Any restaurant where smoking is entirely prohibited shall post a sign indicating that fact at each public entrance or reception area. (Ord. 1024 § 1, 1993)

8.34.110 Notice of complaint.

(A) Any person desiring to lodge a complaint relating to any violation of the provisions of this chapter may do so with the Department of Planning, code enforcement division.

(B) Any owner, manager, operator or employee of any establishment regulated by this chapter may inform persons violating this chapter of the appropriate provisions thereof. (Ord. 1024 § 1, 1993)

8.34.120 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 person to smoke in any area where smoking is prohibited by any provision of this chapter.

(C) Violation of any provision of this chapter shall be punishable as set forth in PMC Title 1. (Ord. 1433 § 2, 2012; Ord. 1291 § 3, 2006; Ord. 1024 § 1, 1993)

8.34.130 Prohibition of retaliation.

It is unlawful for an employer or other person to discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smoke-free environment afforded by this chapter. (Ord. 1024 § 1, 1993)

8.34.140 Applicability of other laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws. (Ord. 1024 § 1, 1993)

8.34.150 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional. (Ord. 1024 § 1, 1993)