Chapter 8.17


8.17.010    Findings and purpose.

8.17.020    Definitions. Revised 7/18

8.17.030    Smoking prohibited. Revised 7/18

8.17.040    Smoking in enclosed places of employment.

8.17.050    Reasonable distance.

8.17.060    Where smoking not regulated.

8.17.070    Posting of signs – Removal of paraphernalia.

8.17.080    Nonretaliation.

8.17.090    Violations.

8.17.100    Public education.

8.17.110    Other applicable laws.

8.17.010 Findings and purpose.

A. The city council finds that in a 1992 report entitled “Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders,” the United States Environmental Protection Agency found that exposure to environmental tobacco smoke, also known as “secondhand smoke”:

1. Can cause lung cancer in adult nonsmokers;

2. Is linked to an increased risk of heart disease among nonsmokers;

3. Causes about three thousand lung cancer deaths annually among adult nonsmokers;

4. Causes coronary heart disease and death in nonsmokers;

5. Accounts for as many as sixty-two thousand deaths from coronary heart disease annually in the United States;

6. Causes respiratory problems in children, such as greater number and severity of asthma attacks and lower respiratory tract infections;

7. Increases children’s risk for sudden infant death syndrome and middle ear infections; and

8. Annually causes as many as three hundred thousand lower respiratory tract infections, such as pneumonia and bronchitis in children.

B. Accordingly, the city council finds and declares that the purposes of this chapter are:

1. To protect the public health and welfare by prohibiting smoking in public places and places of employment; and

2. To guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

C. In exercising this control, it is the intent of the city council to supplement and extend the values and policies inherent in AS 18.35.300 through 18.35.365, and not to interfere or conflict with them. (Ord. 2001-12 §2 (part))

8.17.020 Definitions. Revised 7/18

Unless the context requires otherwise, the following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

“Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including but not limited to retail establishments where goods or services are sold or provided as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, accounting, veterinary, child care, adult care, health care or other services are delivered.

“City” means the city of Utqiaġvik.

“Employee” means any person who is employed by any employer who performs services of any kind in consideration for direct or indirect monetary wages or profit, or who volunteers his or her services to an employer.

“Employer” means any person, partnership, corporation, including a municipal corporation, or other entity, including but not limited to state and local government entities and nonprofit entities, that employs one or more employees.

“Enclosed area” means a space which is inside a building and surrounded on all sides by impermeable surfaces, whether or not equipped with doors, windows, skylights, passageways or similar apertures, including all space therein screened by partitions, office landscaping or similar structures which do not extend to a ceiling or are not impermeable.

“Enclosed place of employment” means any enclosed area or vehicle under the control of an employer normally used by employees during the course of employment, including but not limited to work areas, private offices, lounges and restrooms, conference and classrooms, cafeterias, elevators, stairways and hallways.

“Enclosed public place” means an enclosed area or portion thereof open to the public, including but not limited to:

1. Retail stores, shops, banks, laundromats, garages, salons, or other businesses selling goods or services;

2. The waiting rooms and offices of businesses providing legal, medical, dental, engineering, accounting, or other professional services;

3. Hotels, motels, boarding houses, hostels, and bed and breakfast facilities; provided, that the owner may designate by a permanently affixed sign a maximum of twenty-five percent of the rooms as exempt from this definition;

4. Universities, colleges, schools, and commercial training facilities;

5. Arcades, cardrooms, bingo halls, pull-tab parlors, and other places of entertainment;

6. Health clubs, dance studios, aerobics clubs, and other exercise facilities;

7. Hospitals, clinics, physical therapy facilities;

8. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or similar performance;

9. Public areas of fish hatcheries, galleries, libraries and museums;

10. Polling places;

11. Elevators, restrooms, lobbies, reception areas, waiting rooms, hallways and other common-use areas, including those in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

12. Restaurants, coffee shops, cafeterias, sandwich stands, private or public schools cafeteria, and any other eating establishment which offers food for sale to the public, guests, or employees, including any kitchen or catering facility in which food is prepared for serving off the premises;

13. Sports and exercise facilities, including sports pavilions, gymnasia, health spas, boxing arenas, swimming pools, pool halls, billiard parlors, roller and ice rinks, bowling alleys, and similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events;

14. Any line in which two or more persons are waiting for or receiving goods or services of any kind, whether or not in exchange for money;

15. Areas used for and during the course of meetings subject to the Alaska Open Meetings Act, AS 44.62.310.

“Retail tobacco store” means a retail store the primary business of which is the sale of tobacco products and accessories.

“Smoking” means the inhaling or exhaling of tobacco smoke, or carrying any lighted tobacco product. (Ord. 02-2017 §2(part); Ord. 2001-12 §2 (part))

8.17.030 Smoking prohibited. Revised 7/18

Smoking is prohibited in:

A. Enclosed public places;

B. Enclosed places of employment;

C. Vehicles and enclosed areas owned by or leased to the city; and

D. Taxicabs regulated by the city under Title 7. (Ord. 02-2017 §2(part); Ord. 2001-12 §2 (part))

8.17.040 Smoking in enclosed places of employment.

A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees. Employers are not required to incur any expense to make structural or other physical modifications to discharge this responsibility.

B. By the effective date of the ordinance codified in this chapter, any employer subject to this chapter shall adopt and enforce a written policy prohibiting smoking in all enclosed places of employment and all vehicles owned by that employer that are used by employees.

C. The smoking policy shall be communicated to all employees prior to its adoption.

D. All employers shall supply a written copy of the smoking policy upon request to any current or prospective employee or to an employee of the city or a peace officer engaged in enforcing this chapter. (Ord. 2001-12 §2 (part))

8.17.050 Reasonable distance.

No person may smoke near any area within which smoking is prohibited by this chapter except at a distance sufficient to ensure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or other reasonably foreseeable means. (Ord. 2001-12 §2 (part))

8.17.060 Where smoking not regulated.

A. This chapter does not apply to:

1. Private residences, including those used as places of employment, except when the residence is open for use as a child care, adult care or health care facility;

2. Places of employment with a total of four or fewer employees; provided, that this exception shall not apply to a place of employment which is an enclosed public place;

3. Private enclosed spaces in nursing homes or assisted living facilities;

4. Retail tobacco stores;

5. Performers smoking as part of a stage performance; and

6. Enclosed spaces used for conferences or meetings in restaurants, service clubs, hotels, or motels, while the spaces are in use for private functions.

B. The owner, operator or manager of property may, by permanently affixing a sign thereon, waive any exemption provided by subsection A of this section. (Ord. 2001-12 §2 (part))

8.17.070 Posting of signs – Removal of smoking paraphernalia.

A. Signs prohibiting smoking shall be prominently posted by the owner, operator, manager or other person having control of every building or other area where smoking is prohibited by this chapter.

B. Every place where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

C. The owner, operator, manager or other person having control of any area where smoking is prohibited by this chapter shall remove therefrom all ashtrays and other smoking paraphernalia. (Ord. 2001-12 §2 (part))

8.17.080 Nonretaliation.

No person or employer shall discharge, refuse to hire, refuse to serve, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right or seeks any remedies afforded by this chapter. (Ord. 2001-12 §2 (part))

8.17.090 Violations.

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 the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of an infraction punishable by:

1. A fine not exceeding fifty dollars for a first violation.

2. A fine not exceeding one hundred dollars for a second violation of this chapter within one year.

3. A fine not exceeding three hundred dollars for a third and each subsequent violation of this chapter.

D. Notwithstanding any other provision of this chapter, any person aggrieved by a violation or threatened violation of this chapter may bring a civil action to enjoin that violation.

E. Each day upon which a continuing violation occurs is a separate violation.

F. Upon the request of the party bringing the action and proof by a preponderance of the evidence that a violation of this chapter has occurred, is occurring or is threatened to occur, the court shall issue an injunction against the violation or threatened violation. (Ord. 2001-12 §2 (part))

8.17.100 Public education.

The mayor shall inform the public about the purpose and requirements of this chapter. (Ord. 2001-12 §2 (part))

8.17.110 Other applicable laws.

This chapter shall not be construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 2001-12 §2 (part))