Chapter 8.11
SMOKING RESTRICTIONS
Sections:
8.11.020 Smoking prohibited in public places.
8.11.030 Smoking prohibited in places of employment.
8.11.040 Smoking prohibited outside entrances.
8.11.050 Places where smoking is not regulated.
8.11.060 Posting “no smoking” signs.
8.11.080 Smoking in or near entrances to publicly owned buildings.
8.11.090 Tobacco sales to minors prohibited.
8.11.100 Other violations and penalties.
8.11.010 Definitions.
A. “Bar” means any facility or facility area licensed by the Oregon Liquor Control Commission to serve alcohol by the drink for consumption on the premises that is posted to prohibit the presence of minors.
B. “Business” means any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered.
C. “Employee” means any person who is employed by any employer in consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services to a nonprofit entity.
D. “Employer” means any person or entity who employs the services of one or more individuals.
E. “Enclosed area” means all space between a floor and a ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) 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 structure.
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 rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a child care facility as defined in ORS 657A.250, an adult day care facility as defined in ORS 410.490, or a health care facility as defined in ORS 442.015.
G. “Public place” means any enclosed area to which the public is invited or in which the public is permitted; including but not limited to banks, education facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care facility as defined in ORS 657A.250, an adult day care facility as defined in ORS 410.490, or a health care facility as defined in ORS 442.015.
H. “Restaurant” means any coffee shop, cafeteria, sandwich stand, private or 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.
I. “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is secondary.
J. “Service line” means any indoor line, or any portion of an indoor line that extends out of doors, at which one or more persons are waiting for or receiving services of any kind, whether or not such services involve the exchange of money.
K. “Smoking” means any inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed, plant, or other tobacco-like product or substance in any manner or in any form.
L. “Sports arena” means any sports pavilion, gymnasium, health spa, swimming pool, roller rink, bowling alley, and other places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
M. “Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion. (Ord. 1806 §2(part), 2000).
8.11.020 Smoking prohibited in public places.
A. Smoking shall be prohibited in all enclosed public places within the city, including but not limited to, the following places:
1. Elevators;
2. Restrooms, lobbies, reception areas, hallways, and any other common-use areas;
3. Buses, taxicabs, and any other means of public transportation under the authority of the city;
4. Service lines or within ten feet of a service line that extends out of doors;
5. Retail stores;
6. All areas available and customarily used by the general public located in all businesses patronized by the public, including nonprofit and public businesses. Affected businesses include, but are not limited to, professional businesses patronized by the public, including nonprofit and public businesses, professional offices, banks, laundromats, hotels and motels;
7. Restaurants;
8. Any facility which is primarily used for exhibiting any motion picture, stage or drama production, lecture, music recital or other similar performance;
9. Sports arena, including bowling facilities and conventional halls;
10. 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 of the city or any political subdivision of the city;
11. Health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor’s and dentist’s office;
12. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
13. Polling places; and
14. Licensed day care and adult day care facilities.
B. 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. (Ord. 1806 §2(part), 2000).
8.11.030 Smoking prohibited in places of employment.
Except for places exempt under Section 8.11.050, it shall be the responsibility of employers to provide a smoke-free workplace for all employees. No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment. (Ord. 1806 §2(part), 2000).
8.11.040 Smoking prohibited outside entrances.
Smoking shall be prohibited within ten feet of any entrance of any enclosed area where smoking is prohibited or of any service line that extends out of doors. (Ord. 1806 §2(part), 2000).
8.11.050 Places where smoking is not regulated.
A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to any smoking restrictions contained within this chapter:
1. Private residences, unless the private residence is used as a licensed child care, adult day care, or health care facility;
2. Rented motel/hotel rooms that are designated in some manner as smoking allowed rooms by the owners of the establishment renting the rooms;
3. Private rooms rented for an occupancy that exceeds one month and that are not located in a private residence used as a child care, adult day care, or health care facility;
4. Bars;
5. Bar portions of bar and restaurant combinations wherein the restaurant portion is open to minors so long as:
a. The bar is located in a separately enclosed area from the restaurant;
b. The air from the bar is exhausted directly to the outside by an exhaust fan and not recirculated to other parts of the building; and
c. The bar is in compliance with any applicable mandated state or federal ventilation standards.
6. Retail tobacco stores. (Ord. 1806 §2(part), 2000).
8.11.060 Posting “no smoking” 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 the cigarette) shall be clearly and conspicuously posted in every building or other area where smoking is prohibited by this chapter, by the owner, manager, or other person having control of such building or other area, including private residences used as a licensed child care, adult day care or health care facility.
B. Every public place where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign stating that smoking is prohibited. (Ord. 1806 §2(part), 2000).
8.11.070 Nonretaliation.
It shall be a violation of this section for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter. (Ord. 1806 §2(part), 2000).
8.11.080 Smoking in or near entrances to publicly owned buildings.
A. No person shall smoke anywhere within, or within ten feet of, any entrance to any publicly owned building.
B. A violation of this section shall be punishable by the general penalty. (Ord. 1806 §2(part), 2000).
8.11.090 Tobacco sales to minors prohibited.
A. No person, including a minor’s parent or guardian, shall sell or otherwise provide tobacco products to a minor.
B. A violation of this section shall be punishable by the general penalty. (Ord. 1806 §2(part), 2000).
8.11.100 Other violations and penalties.
A. It shall be a violation of this chapter for every day any person who owns, manages, operates or otherwise controls the use of any premises, subject to regulation under this chapter, fails to comply with any provisions herein.
B. It shall be a violation of this chapter for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
C. Any person who violates this chapter shall be punished by a fine:
1. Not less than fifty dollars nor more than one hundred dollars for a first violation within any twelve month period;
2. Not less than one hundred dollars, nor more than two hundred dollars for a second violation within any twelve-month period;
3. Not less than two hundred and fifty dollars, nor more than five hundred dollars for each additional violation of this section within any twelve-month period. (Ord. 1806 §2(part), 2000).
8.11.110 Severability.
If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1806 §2(part), 2000).
8.11.120 Other laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 1806 §2(part), 2000).