Chapter 7.24
SMOKING REGULATIONS
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Sections:
Article I. Administrative
7.24.010 Title.
7.24.020 Findings and purpose.
7.24.030 Definitions.
Article II. Standards and Prohibitions
7.24.040 City-owned and controlled facilities and vehicles.
7.24.050 Prohibition of smoking in enclosed places.
7.24.060 Prohibition of smoking in places of employment.
7.24.070 Smoking-optional areas.
7.24.080 Posting requirements.
7.24.090 Enforcement.
Article III. Legal
7.24.100 Violation unlawful.
7.24.110 Penalties.
7.24.120 Other applicable laws.
7.24.130 Nonretaliation.
7.24.140 Governmental agency cooperation.
Article I. Administrative
7.24.010 Title.
This chapter shall be known as the smoking ordinance of the city of Sonoma. (Ord. 92-22 Art. I § 1, 1992).
7.24.020 Findings and purpose.
A. The people of the city find that:
1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and
2. Reliable scientific studies, including studies by the Surgeon General of the United States, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children and teens, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and
3. Health hazards induced by breathing sidestream and secondhand tobacco smoke include lung and other forms of cancer, heart disease, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and
4. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and
5. The smoking of tobacco, or any other weed or plant, is a proven danger to health; and
6. The health care costs and lost productivity incurred by smoking-related disease and death represent a heavy and avoidable financial drain on our community; and
7. Persons, particularly employees, have a right to a smoke-free environment if they desire.
B. Therefore, the people of the city of Sonoma find that it is in the public interest to regulate smoking in enclosed places, including places of employment, in order to reduce the exposure of nonsmokers to the health hazards caused by breathing sidestream and secondhand tobacco smoke.
C. Accordingly, the people of the city find and declare that the purposes of this chapter are:
1. To protect public health, safety and general welfare by prohibiting tobacco smoking in city-owned and controlled facilities and public places, and by restricting tobacco smoking in places of employment; and
2. To guarantee the right of nonsmokers to breathe tobacco smoke-free air, and to recognize that the need to breathe tobacco smoke-free air has priority over the desire to smoke.
D. In addition, the people of the city find that it is within the city’s basic police powers to prohibit tobacco smoking in city-owned and controlled facilities and public places, and to restrict tobacco smoking in places of employment, in order to promote public health, safety and general welfare. (Ord. 92-22 Art. I § 2, 1992).
7.24.030 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. A cocktail lounge, bar or tavern which is in the same building as, and part of, a restaurant is not considered under this definition of a bar, except during such time as food service (other than incidental) is suspended, or if located in a separate room which is enclosed off from the remaining room(s) of the restaurant by doors or windows.
"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 the city of Sonoma, state of California.
"Dining area" means any enclosed area containing a counter or tables upon which meals are served.
"Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his/her services for a nonprofit entity.
"Employer" means any person, partnership or corporation, including municipal corporation or nonprofit entity, who employs the services of more than three persons.
"Enclosed" means closed in or roof and four walls with appropriate openings for ingress and egress, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping, or similar structures.
"General public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity.
"Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.
"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, vehicles 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.
"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, educational 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.
"Restaurant" means any coffee shop, cafeteria, sandwich stand, soda fountain, fast food service, 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.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories.
"Service line" means an indoor line or area where persons await service of any kind, regardless of whether or not such service involves exchange of money. Such service shall include but is not limited to sales, giving of information, directions or advice, and transfers of money or goods.
"Smoking" means inhaling, exhaling, burning, carrying or holding any lighted cigar, cigarette, weed, plant or combustible substance in any pipe or smoking equipment, or in any manner or in any form.
"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 public assemble to engage in physical exercise, participate in athletic competition or witness sports events. (Ord. 92-22 Art. I § 3, 1992).
Article II. Standards and Prohibitions
7.24.040 City-owned and controlled facilities and vehicles.
All enclosed facilities and vehicles owned, leased or operated and controlled by the city and any board, council, commission and agencies of the city shall be subject to the provisions of this chapter. (Ord. 92-22 Art. II § 1, 1992).
7.24.050 Prohibition of smoking in enclosed places.
A. Except as provided in this section, smoking is prohibited in the following places within all areas of the city:
1. All enclosed areas available to and customarily used by the general public and all business and nonprofit entities patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies and drugstores, banks, attorneys’ offices and other professional offices;
2. Within all restaurants, provided, however, that this subsection shall not apply to restaurants providing separate smoking rooms of not more than 50 percent of its seating capacity which are closed off from the remaining room(s) by doors or windows or to outdoor or patio areas designated as smoking areas;
3. Waiting rooms, hallways, wards and semi-private 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 SMC 7.24.060 regulating smoking in places of employment;
4. Elevators, public restrooms, service lines doing business with the public, buses, taxicabs and public transportation facilities open to the public;
5. In public areas of museums, libraries 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, including all restrooms and any area commonly referred to as a lobby;
7. Sports arenas, both indoor and outdoor, and convention halls, except in outdoor sports arenas, designated smoking areas may be provided which shall be segregated from nonsmoking areas. Where spectator seating is provided at outdoor arenas, no more than 40 percent of the seats shall be designated as smoking seats;
8. Retail food marketing establishments, including grocery stores and supermarkets, except restrooms, offices, and areas thereof not open to the public, which may be otherwise regulated by 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 the same are subject to the jurisdiction of the city;
10. Common areas in apartment buildings, condominiums, retirement facilities and nursing homes;
11. Polling places;
12. Private residences when used as child care or health care facilities. Board and care facilities shall provide smoke-free living quarters for nonsmoking boarders;
13. Bingo parlors, except that a separate enclosed room may be designated as a smoking room.
B. Notwithstanding any other provision 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. 92-22 Art. II § 2, 1992).
7.24.060 Prohibition of smoking in places of employment.
A. Except as permitted in subsection B of this section, smoking is prohibited in all places of employment, including, but not limited to, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception rooms, waiting areas, classrooms, meeting or conference rooms, auditoriums, on-site cafeterias, lunchrooms and lounges.
B. In places of employment, employers may provide specific smoking areas for employees; provided all of the following conditions are met:
1. The smoking area shall be provided with a heating, ventilation and air conditioning (HVAC) system designed such that none of the air from the smoking area will be recirculated into the other areas of the building;
2. The smoking area shall be completely separated from the remainder of the building by solid partitions or glazing without openings other than doors, and all doors leading to the smoking area shall be self-closing. The doors shall be provided with a gasket installed so as to provide a seal where the door meets the stop on both sides and across the top;
3. The smoking areas shall maintain a minimum negative pressure of 0.05-inch water column relative to nonsmoking areas;
4. The employer shall submit written verification and test results to the director of the community development department, or to his or her designees, prepared by a licensed mechanical contractor or engineer stating that the HVAC system has been designed and tested and meets the requirements set forth in subsections (B)(1) through (3) of this section;
5. If the HVAC system is part of a smoke-removal system or pressurization system, any modifications to these systems to provide smoking areas will require approval from the city of Sonoma building official. Written verification of this approval shall be provided to the city;
6. If the specific smoking area is an employee break room, lunchroom or other area which may be used by nonsmoking employees, then a separate nonsmoking break room, lunchroom, or other area shall be provided of equal or larger size and shall include at least equal facilities.
C. The provisions of this section shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter. (Ord. 92-22 Art. II § 3, 1992).
7.24.070 Smoking-optional areas.
Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this article:
A. Private residences, unless said residence is used as a child care or a health care facility;
B. Bars;
C. Hotel and motel rooms rented to guests; provided, however, that each hotel and motel designates not less than 30 percent of their guest rooms as nonsmoking rooms and removes ashtrays from these rooms, and maintains them as nonsmoking at all times;
D. Retail tobacco stores;
E. Restaurant, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions; and
F. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers, and private enclosed offices not sharing ventilation systems with nonsmoking areas, excepting places in which smoking is prohibited by the fire agency of the jurisdiction or by any other law, ordinance or regulation. (Ord. 92-22 Art. II § 4, 1992).
7.24.080 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 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 feature motion picture.
C. Every restaurant shall have a sign conspicuously posted at every entrance clearly stating that smoking is prohibited. (Ord. 92-22 Art. II § 5, 1992).
7.24.090 Enforcement.
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 said establishment, and shall attempt at all times to obtain voluntary compliance by any apparent violator.
B. Enforcement of this chapter shall be the responsibility of the chief of police or his designee.
C. Any citizen who desires to register a compliant under this chapter may initiate the complaint with the police department.
D. The chief of police or his designee shall notify in person by telephone or by registered letter the owner, manager, operator or employer of any establishment subject to this chapter of all citizen complaints under this chapter regarding apparent violations of this chapter in the said establishment.
E. Notwithstanding any other provision of this chapter, the city attorney or a private citizen may bring legal action to enforce this chapter. (Ord. 92-22 Art. II § 6, 1992).
Article III. Legal
7.24.100 Violation unlawful.
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 properly post signs required by this chapter, or 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. It is unlawful for any employer, owner, operator, manager or person in charge to permit smoking in the area or establishment under his or her control restricted by the provisions of this chapter. (Ord. 92-22 Art. III § 1, 1992).
7.24.110 Penalties.
A. Any person or business that violates SMC 7.24.100 or any other provisions of this chapter shall be guilty of an infraction, punishable by:
1. A fine, not exceeding $100.00, for the first violation;
2. A fine, not exceeding $200.00, for a second violation of this chapter within one year;
3. A fine, not exceeding $500.00, for each additional violation of this chapter within one year.
B. Notwithstanding other penalties in this section, the owner, manager, operator, or employer of any establishment subject to this chapter who receives a third notification within one year by the chief of police of a citizen complaint of an apparent violation of this chapter in his or her establishment shall be subject to a suspension or revocation of said establishment’s city-issued commercial or retail business license, and/or civil action by the city attorney. (Ord. 92-22 Art. III § 2, 1992).
7.24.120 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 92-22 Art. III § 3, 1992).
7.24.130 Nonretaliation.
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 tobacco smoke-free environment afforded by this chapter. (Ord. 92-22 Art. III § 4, 1992).
7.24.140 Governmental agency cooperation.
The city manager, on behalf of the city, shall annually request other governmental agencies having facilities within the city to establish local operating procedures in cooperation with this chapter. The city manager shall urge federal, state and county agencies, as well as school districts, to enforce their existing smoking regulations and to voluntarily comply with this chapter. (Ord. 92-22 Art. III § 7, 1992).