HomeMy WebLinkAboutCity of Palm Desert - Smoking OrdChapter 8.36 REGULATION AND PROHIBITION OF SMOKING Page 1 of 3
Palm Desert Municipal Code
Up Previous Next Main Collapse Search Print No Frames
Title 8 HEALTH AND SAFETY
Chapter 8.36 REGULATION AND PROHIBITION OF SMOKING
8.36.010 Purpose of chapter.
Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a cause of material
annoyance, inconvenience, discomfort and health hazard to those who are present in confined places, and in
order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of
tobacco, or any other weed or plant, in public places and places of employment, except in designated smoking
areas. (Ord. 462 § 1 (part), 1986)
8.36.020 Definitions.
A. Smoke, or smoking as defined in this chapter means and includes the carrying of a lighted pipe, or the
lighting of a pipe, cigar or cigarette of any kind.
B. Public place means:
1. Any enclosed area to which the public is invited or in which the public is permitted, including, but not
limited to, retail stores, retail service establishments, retail food production and marketing establishments,
restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public
transportation facilities. A private residence or private country club is not a public place.
2. Areas measured a distance of forty feet from the entrances and exits to enclosed city -owned public
places..
3. Outdoor locations owned by the city which have a designated no smoking sign posted at their normal
entrances and exits to such outdoor locations, including, but not limited to:
a. City -owned parks, playground, restrooms, baseball and soccer fields, excepting therefrom the golf course
area of Desert Willow.
b. Outdoor public events including, but not limited to, sports events, entertainment, speaking performances,
ceremonies and fairs.
c. City property, except where specific signs are posted permitting such smoking.
4. Such designated no smoking areas may contain specific limited areas posted permitting smoking.
C. Place of employment means any enclosed areas 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 and employee cafeterias. A private residence is not a place of employment,
except for child care facilities in private homes. (Ord. 1007 § 1, 2001; Ord. 462 § 1 (part), 1986)
8.36.030 Prohibition.
No person shall smoke in a public place or place of employment, except in designated smoking areas. (Ord.
462 § 1 (part), 1986)
8.36.040 Designation of smoking areas.
Smoking areas may be designated in public places and in places of employment by proprietors or other
http://www.gcode.us/codes/palmdesert/view.php?topic=8-8_36&showAll=1 &frames=on 5/5/2008
Chapter 8.36 REGULATION AND PROHIBITION OF SMOKING Page 2 of 3
persons in charge except in waiting rooms of medical offices and other health facilities, child care facilities,
including those in private homes, during normal operating hours in rooms where children are present, in retail
stores, retail service establishments, food markets, including eating areas, public conveyances, theaters,
auditoriums, pharmacies, libraries, museums or galleries which are opened to the public or any other place where
smoking is prohibited by law, ordinance or regulation. Where smoking areas are designated, existing physical
barriers and ventilation systems shall be used to eliminate the toxic effect of smoke in adjacent nonsmoking
areas, but employers are not required to incur any expense to make structural or physical modifications in
providing these areas. In all disputes in the work place, the rights of the nonsmoker shall be given priority over
the rights of the smoker. Restaurants covered by this chapter, whose occupied capacity is fifty or more persons,
shall designate and post by signs, of sufficient number and post in such locations as to be readily seen by persons
within such areas, contiguous area of not less than twenty-five percent of the serving areas where the smoking of
tobacco is prohibited, and shall inform all patrons a nonsmoking area is provided. (Ord. 462 § 1 (part), 1986)
8.36.050 Optional prohibition.
All managers and owners of any establishment exempted from the provisions of this chapter, Section
8.36.070, serving or doing business with the public may, at their discretion, post "No Smoking" signs within
various areas of their businesses and utilize the full right of the provision of this chapter. No public place other
than those enumerated in Section 8.36.070 shall be designated as a smoking area in its entirety. (Ord. 462 § 1
(part), 1986)
8.36.060 Posting of signs.
Signs which designate smoking or no -smoking areas established by this chapter shall be clearly, sufficiently
and conspicuously posted in every room, building or other place so covered by this chapter. "No Smoking" signs
shall be specifically placed in retail food productions and marketing establishments, including grocery stores and
supermarkets open to the public, so they are clearly visible to persons upon entering the store, clearly visible to
persons in checkout lines and clearly visible to persons at meat and produce counters. The manner of such
posting, including the wording, size, color, design and place of posting, whether on the walls, doors, tables,
counters, stands or elsewhere, shall be at the discretion of the owner, operator, manager or other person having
control of such room, building or other place, so long as clarity, sufficiency and conspicuousness are apparent in
communicating the intent of this chapter. (Ord. 462 § 1 (part), 1986)
8.36.070 Exceptions.
A. Private offices, including those in the work place, hotels and motel meeting and assembly rooms rented
to guests, areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities,
jails, bar areas and stores that deal exclusively in tobacco products and accessories.
B. Existing restaurants that were under lease as a restaurant on or before January 1, 1977.
C. Any owners or other person having control of a business or other establishment subject to this chapter
may apply to the city for an exemption or modification of the provisions of this chapter due to unique or unusual
circumstances or conditions. (Ord. 462 § 1 (part), 1986)
8.36.080 Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee or
applicant for employment because such employee or applicant exercises any rights afforded by this chapter.
http://www.gcode.us/codes/palmdesert/view.php?topic=8-8_36&showAll=1 &frames=on 5/5/2008
Chapter 8.36 REGULATION AND PROHIBITION OF SMOKING
(Ord. 462 § 1 (part), 1986)
8.36.090 Enforcement.
Page 3 of 3
A. The owner, operator or manager of any facility, business or agency within the purview of this chapter
shall comply herewith. Such owner, operator or manager shall post, or cause to be posted, all "No Smoking"
signs required by this chapter. Such owner, operator or manager shall not allow service to any person who
violates this chapter by smoking in a posted "No Smoking" area.
B. It shall be the responsibility of employers to disseminate information concerning the provisions of this
chapter to employees.
C. The city's zoning and license officers, police and fire personnel are authorized to issue citations for
violation of the provisions of this chapter. (Ord. 462 § 1 (part), 1986)
8.36.100 Violation —Penalty.
Any person who violates any provision of this chapter by: (1) smoking in a posted "No Smoking" area; (2)
failing to post or cause to be posted a "No Smoking" sign required by this chapter; or (3) violating any other
provision of this chapter, is deemed guilty of an infraction in accordance with Chapter 1.12 of this code. (Ord.
462 § 1 (part), 1986)
8.36.110 Severability.
The city council declares that, should any section, paragraph, sentence or word of this chapter of the code,
hereby adopted, be declared, for any reason, to be invalid, it is the intent of the council that it would have passed
all other portions of this chapter independent of the eliminations herefrom of any such portion as may be
declared invalid. (Ord. 462 § 1 (part), 1986)
http://www.gcode.us/codes/palmdesert/view.php?topic=8-8_36&showAll=1 &frames=on 5/5/200R