Chapter 8.24
PUBLIC SMOKING

Sections:

8.24.010    Findings and purpose.

8.24.020    Definitions.

8.24.030    Application of ordinance to City-owned vehicles and facilities.

8.24.040    Prohibition of smoking in public places.

8.24.050    Regulation of smoking in places of employment.

8.24.060    Nonretaliation.

8.24.070    Smoking in optional areas.

8.24.080    Posting of signs.

8.24.090    Repealed.

8.24.100    Enforcement.

8.24.110    Violations and penalties.

8.24.120    Public education.

8.24.130    Other applicable laws.

8.24.010 Findings and purpose.

A.    Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution.

B.    The United States Environmental Protection Agency has classified environmental tobacco smoke as one of only 12 Class-A carcinogens to which there is no safe level of exposure.

C.    Scientific studies assessed by the United States Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at least 53,000 nonsmokers annually and is a leading cause of preventable premature death and disability among nonsmokers in the United States.

D.    Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the United States Environmental Protection Agency, have shown that breathing sidestream or secondhand tobacco smoke is a significant health hazard to nonsmokers, particularly to children and teens, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function.

E.    Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease.

F.    Persons, particularly employees, have a right to a smoke-free environment if they desire.

G.    Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same.

H.    The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the United States.

I.    The Surgeon General of the United States has found that nicotine in tobacco products is as addictive as cocaine and heroin.

J.    Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses.

K.    The U.S. Food and Drug Administration has determined that electronic smoking devices which deliver an inhalable dose of nicotine or other chemicals by vaporized solution may contain carcinogens and other toxic chemicals such as diethylene glycol that have been found addictive and harmful to public health.

L.    The safety of electronic smoking devices, and the health effects of those exposed to vapor emitted by such devices, is unknown because such safety and health effects have not been fully studied.

M.    The use of electronic smoking devices in public places and places of employment frustrates efforts to enforce and comply with smoke-free regulations related to tobacco.

Accordingly, the City Council of the City of Healdsburg finds and declares that the purposes of this chapter are:

1.    To protect public health, safety and general welfare;

2.    To guarantee the right of nonsmokers to breathe air free of tobacco smoke and noxious vapor and to recognize that the need to breathe air free of tobacco smoke and noxious vapor has priority over the desire to smoke tobacco products and electronic smoking devices;

3.    To reduce addiction to tobacco products by minors;

4.    To discourage the use of tobacco or other weeds, plants or devices that produce noxious smoke or vapor around persons who do not use such products;

5.    To protect children from exposure to tobacco smoke or noxious vapor and other weeds, plants or devices that produce noxious smoke or vapor;

6.    To protect members of the public from tobacco smoke or noxious vapor and other weeds, plants or devices that produce noxious smoke or vapor and to reduce smoking-related litter and pollution; and

7.    Affirming and promoting family atmosphere at City parks and City-sponsored events. (Ord. 1136 § 1, 2014; Ord. 1040 § 2, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-30.)

8.24.020 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.

A.    “Bar” means a separate establishment which is devoted to the serving of alcoholic beverages and in which the serving of food is incidental to the consumption of such beverages, including cocktail lounge or tavern. A bar, cocktail lounge, or tavern which is in the same building as and part of a restaurant is not considered under this definition of a bar, except if physically separated by full walls from the remaining room(s) of the restaurant and in which no person under the age of 18 years is allowed to enter, except to travel to restroom facilities or a nonbar portion of the restaurant.

B.    “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 under which professional services are delivered.

C.    “City” shall mean the City of Healdsburg.

D.    “Electronic smoking device” means a device that can provide an inhalable dose of nicotine or other substances by delivering a vaporized solution.

E.    “Employee” means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, including those employed full-time, part-time, temporarily or contracted for from a third party.

F.    “Employer” means any person, partnership, corporation, or nonprofit entity who employs the services of four or more persons and includes the City of Healdsburg.

G.    “Enclosed” means closed in by a roof and four or more connected, floor-to-ceiling walls with appropriate openings for ingress and egress. If an enclosed area is divided by internal partial walls or other “office landscaping,” it is still, in its entirety, enclosed.

H.    “Minor” shall mean any individual who is less than 18 years of age.

I.    “Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are not for private financial gain. A public agency is not a “nonprofit entity” within the meaning of this chapter.

J.    “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. A private residence is not a “place of employment” unless it is used as a child care or health care facility.

K.    “Private function” means a gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement, or dining where membership or specific invitation is a prerequisite to entry and where such event is not intended for attendance by the public.

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

M.    “Public recreation area” means a public park or other public recreation area within the City of Healdsburg including, but not limited to, the following: Badger Park, Barbieri Brothers Park, Byron Gibbs Park, Carson Warner Memorial Skatepark; Chamber of Commerce turf areas, Foss Creek Trail and Pathway, Giorgi Park, Healdsburg Plaza Park (perimeter sidewalks abutting Plaza Park are not subject to the “smoke-free” designation, except when a “special event” permit has been issued, as described below); the municipal swimming pool, the museum grounds located at 221 Matheson Street, Railroad Park located on Front Street, Recreation Park, including the concession stand and picnic areas, but not including the parking lot, West Plaza Park (but not including the parking lot areas at the West Plaza Park), Villa Chanticleer (but not including the parking lot areas at the Villa Chanticleer), and all athletic fields. With respect to Healdsburg Plaza, when a “special event” permit is issued by the community services department for an event to take place in Plaza Park and the event has fenced areas, the “smoke-free” designation shall extend to and include the entire fenced area, including closed streets and perimeter sidewalks that are within the fenced area.

N.    “Restaurant” means any coffee shop, cafeteria, including private and public school cafeteria, sandwich stand, and any other eating establishment and associated outdoor eating area, 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 functions, except that the term “restaurant” shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a “bar” as defined in subsection (A) of this section.

O.    “Service line” means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

P.    “Smoking” means inhaling or exhaling from, or burning or carrying, any lighted cigarette, cigar, pipe, weed, plant, or other combustible substance whose smoke is intended to be inhaled, or inhaling or exhaling from any electronic smoking device.

Q.    “Sports arena” means an enclosed sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and other similar places where members of the general public assemble to either engage in physical exercise, participate in athletic competition or witness sports events.

R.    “Tobacco product” means tobacco and any substance containing tobacco, including, but not limited to, cigarettes, cigars, cigarillos, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body; but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

S.    “Tobacco retailer” means any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.

T.    “Work area” or “workplace” means any area of a place of employment enclosed by floor-to-ceiling walls in which one or more employees are assigned to perform work for an employer. (Ord. 1142 § 1 (Exh. A), 2014; Ord. 1136 § 2, 2014; Ord. 1040 § 3, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-31.)

8.24.030 Application of ordinance to City-owned vehicles and facilities.

All City-owned vehicles and all enclosed facilities owned or controlled by the City shall be subject to the provisions of this chapter. (Ord. 1118 § 2, 2012; Ord. 893 § 2, 1994. Code 1964 § 10-32.)

8.24.040 Prohibition of smoking in public places.

A.    Except as otherwise provided, smoking shall be prohibited in all enclosed public places within the City of Healdsburg, including, but not limited to, the following places:

1.    All areas available to and customarily used by the general public and all areas of business establishments and nonprofit entities generally accessible to the public, including, but not limited to, the public area of retail stores, banks, laundromats, beauty and barbershops, hotels/motels, attorneys’ and other offices.

2.    Elevators and stairways.

3.    Buses, taxicabs, and other means of public transit that are owned by, or operated under the authority of, the City of Healdsburg, and ticket, boarding, and waiting areas of public transit depots.

4.    Public restrooms.

5.    Service lines.

6.    Retail food marketing establishments, including grocery stores and supermarkets.

7.    Restaurants.

8.    Public areas of galleries, libraries, and museums when open to the public.

9.    Any facility which is primarily used for exhibiting motion pictures, stage productions, lectures, musical recitals or other similar performances, except when smoking is part of such production.

10.    Sports arenas and convention halls.

11.    Rooms, chambers, or other enclosed areas, including school buildings, where a meeting is being held which is or can be attended by the general public.

12.    Waiting rooms, reception areas, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, treatment facilities and doctors’ and dentists’ offices.

13.    Child day care facilities as defined in the California Health and Safety Code and private residences while used as family day care homes.

14.    Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes and other multiple-unit residential facilities.

15.    Lobbies, hallways, and other common areas in multiple-unit commercial facilities.

16.    Polling places.

B.    Smoking shall be prohibited in the following outdoor areas:

1.    Within 20 feet of entrances, exits, open windows, or ventilation intake systems of any building, other than a “public building” (as defined by Government Code Section 7596(a)), where smoking is prohibited.

2.    Any public recreation area, including the area that is within 20 feet of a designated entrance or exit to a public recreation area.

3.    Stairways of public buildings or buildings where members of the public are invited.

4.    Any event at which a special event permit is issued by the City’s parks and recreation department, such as farmer’s markets, street fairs, street dances, etc.

5.    Seating provided by eating establishments and bars.

C.    Notwithstanding any other provisions 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.

D.    No person shall dispose of any tobacco product, or any tobacco litter or waste, including without limitation cigarette or cigar butts, in any public recreation area or at any City-sponsored event, such as farmer’s markets, street fairs, street dances, etc. (Ord. 1118 § 2, 2012; Ord. 1040 §§ 4, 5, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-33.)

8.24.050 Regulation of smoking in places of employment.

A.    It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

B.    Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs and stairways, restrooms, vehicles, and all other enclosed facilities.

C.    All employers shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment. (Ord. 893 § 2, 1994. Code 1964 § 10-34.)

8.24.060 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 rights to a smoke-free workplace afforded by this chapter. (Ord. 893 § 2, 1994. Code 1964 § 10-35.)

8.24.070 Smoking in optional areas.

A.    Notwithstanding any other provision 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.    A maximum of 50 percent of hotel/motel rooms rented to guests.

3.    Bars.

4.    An enclosed place of employment which employs no more than four employees; provided, that:

a.    The place of employment is not a public place.

b.    The place of employment does not share a ventilation system with any other enclosed place of employment or public place.

c.    All employees concur.

5.    Tobacco retailers.

6.    The Healdsburg police department prisoner detention area at the sole discretion of the supervising officer.

B.    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. 893 § 2, 1994. Code 1964 § 10-36.)

8.24.080 Posting of 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 it) shall be clearly, sufficiently and conspicuously posted in every building, as well as on entrances at eye level, or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place. Signs which have been removed shall be replaced within five working days.

B.    Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

C.    Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that nonsmoking rooms are maintained and may be available; rooms designed as being nonsmoking shall have signs designating such restriction conspicuously placed within the room. (Ord. 893 § 2, 1994. Code 1964 § 10-37.)

8.24.090 Regulating the manner of sale of tobacco products.

Repealed by Ord. 1142. (Ord. 1118 § 2, 2012; Ord. 893 § 2, 1994. Code 1964 § 10-38.)

8.24.100 Enforcement.

A.    Enforcement of this chapter shall be implemented by the Sonoma County department of public health and the City.

B.    Any citizen, employee or business patron who desires to register a complaint under this chapter may initiate enforcement with the Sonoma County department of public health.

C.    County health inspectors, on their regular restaurant inspections, shall check for compliance with sign-posting requirements.

D.    Notice of these regulations shall be given to all applicants for a business license.

E.    The owner, operator, or manager of a business shall not be responsible for violations of this chapter within his or her premises by patrons or citizens; provided, that such patrons or citizens have been adequately informed that their actions may be in violation of the law. Any owner, operator or manager of a business shall have adequately informed patrons or citizens if he or she has posted the premises in accordance with this chapter. This limitation shall not apply to employees of such businesses. (Ord. 1136 § 3, 2014; Ord. 893 § 2, 1994. Code 1964 § 10-39.)

8.24.110 Violations and penalties.

A.    It shall be unlawful for any person to smoke in any area where such action is restricted by this chapter.

B.    It shall be 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 comply with its provisions.

C.    Any person who violates any provision of this chapter shall be guilty of an infraction and subject to a fine not to exceed $100.00 for a first violation, and a fine not to exceed $200.00 for a second violation within 12 months. A third, and any subsequent, violation of any provision of this chapter within 12 months may be punished as a misdemeanor. As an alternative to the monetary fine described herein, any person who violates any provision of this chapter may be ordered by a court of competent jurisdiction to perform community service.

D.    Smoking in an area where smoking is prohibited by this chapter constitutes a public nuisance and may be abated as such, including the application of any of the enforcement remedies provided in Chapter 1.12 HMC. Further, any private person(s) who is/are aggrieved by a violation of this chapter may bring a civil action for damages or for injunctive relief in accordance with applicable laws governing such civil actions. The remedies provided by this chapter are cumulative and are in addition to any other remedy or remedies available at law or in equity.

E.    Nothing in this chapter is intended to be more permissive than the prohibitions on smoking set forth in Chapters 12.28 and 12.36 HMC, or any other City ordinances which regulate or prohibit smoking. In the event of any conflict between this chapter and any state law or other City ordinance that regulates or prohibits smoking, the more restrictive provisions shall be deemed to be applicable. (Ord. 1040 § 6, 2006; Ord. 893 § 2, 1994. Code 1964 § 10-40.)

8.24.120 Public education.

The City Manager or his/her designee shall be available to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. (Ord. 893 § 2, 1994. Code 1964 § 10-41.)

8.24.130 Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 893 § 2, 1994. Code 1964 § 10-42.)