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Chapter 8.16
SMOKING PROHIBITED IN CERTAIN AREAS*
Sections:
8_16.010 Purpose.
8.16.020 Definitions.
8.16.030 Prohibition in certain public places.
8.16,_040 Regulation of smoking in the workplace.
8.16.050 Posting of signs.
_8_.16.060 Compliance.
8.16.070 Violation—Penalty.
8.16.080 Where smoking not regula#ed.
8.16.090 Severability.
"Prior history: Ord. 1048 § 1, 1985: prior code §§ 5400-5405.
8.16.010 Purpose.
Because smoking of tobacco or any other weed or plant is a positive danger to health and a
cause of material discomfort and a 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 certain areas which are used
by or open to the public. (Ord. 1172 § 1, 1990)
8.16.020 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
A. "Bar" means an area which is devoted to the serving of alcoholic beverages for con-
sumption by guests on the premises and in which the serving of food is only incidental to the
consumption of such beverages.
B. "Employee" means any individual who receives remuneration for services performed
within the city.
C. "Employer" means any person, partnership or corporation who employs the services of an
individual person or persons.
D. "Smoke" or "smoking" means and includes the carrying of a pipe, cigar or cigarette of any
kind which is burning, or the igniting of a pipe, cigar or cigarette of any kind which is burning.
E. "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.
F. "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge,
sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and
any other eating establishment, organization, club, including veterans' club, boardinghouse or
guesthouse, which gives or offers for sale food to the public, guests, patrons or employees as
well as kitchens in which food is prepared on the premises for serving elsewhere, including
catering facilities.
G. "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 merely incidental.
H. "Workplace" means any interior space 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 Iounges, conference rooms, and employee cafeterias. A private
residence is not a workplace under this section. (Ord. 1172 § 1, 1990)
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8.16.030 Prohibition in certain public places.
Smoking shall be prohibited in the following places:
A. Elevators, museums, libraries, galleries, public transportation facilities open to the public
and service lines of establishments doing business with the general public;
B. Waiting rooms, sleeping rooms or public hallways of every private or public health care
facility, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors'
offices, and dentists' offices; provided further, that this prohibition shall not prevent the
establishment of a separate waiting room in which smoking is permitted, as long as there also
exists a waiting room in the same facility in which smoking is prohibited. In bed space areas of
health facilities used for two or more patients, smoking shall be prohibited unless all patients
within the room are smokers and request in writing upon the health care facility's admission
forms to be placed in a room where smoking is permitted.
C. All buildings, vehicles, or other enclosed areas occupied by city staff, owned or leased by
the city, or otherwise operated by the city, except in areas which the city administrator may
designate as smoking areas.
The city administrator may,designate a smoking area only if the area involved:
1. Is not regularly open to the public; and
2. Does not require major room or building modifications; and
3. Is not regularly occupied by nonsmokers. In any dispute arising under the smoking
area designations made by the city administrator under this chapter, the rights of the
nonsmoker shall be given precedence.
D. Within any building not open to the sky which is primarily used for or designated for the
purposes of exhibiting any motion picture, stage drama, lecture, musical recital or other similar
performance whenever open to the public, except smoking which is a part of a stage
performance, including all restrooms, and any area commonly referred to as a lobby.
E. Within all public areas in every retail store, including, but not limited to, retail service
establishments, retail food production and marketing establishments, retail, grocery, and drug
stores.
F. All restrooms open for public use.
G. Within every restaurant and bar.
H. All areas in a laundromat open to and available for use by the public.
I. Within all areas available to and customarily used by the general public in all businesses
and nonprofit entities patronized by the public, including, but not limited to, professional offices
and other offices, banks, hotels and motels.
J. Notwithstanding any other provision of this section, any owner, operator, manager or
other person who controls any establishment or facility described in this section may declare
that entire establishment or facility as a nonsmoking establishment. (Ord. 1172 § 1, 1990)
8.16.040 Regulation of smoking in the workplace.
Each employer who operates a workplace in the city shall, within sixty days of the effective
date of the ordinance codified in this section, adopt, implement and maintain a written smoking
policy which shall contain, at a minimum, the following provisions and requirements:
A. Any nonsmoking employee may object to his or her employer about smoke in his or her
workplace. Using already available means of ventilation or separation or partition of office
space, the employer shall attempt to reach a reasonable accommodation, insofar as possible,
between the preferences of nonsmoking employees and smoking employees. However, an
employe� is not required by this section to make any expenditures or structural changes to
accommodate the preferences of nonsmoking or smoking employees.
6. If an accommodation which is satisfactory to all affected nonsmoking employees cannot
be reached in any given workplace, the preferences of nonsmoking employees shall prevail
and the employer shall prohibit smoking in that workplace. Where the employer prohibits
smoking in a workplace, the area in which smoking is prohibited shall be clearly marked with
signs.
C. The smoking policy required by this section shall be announced within three weeks of
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� adoption to all employees working in workplaces in the city and posted conspicuously in all
workplaces in the city under the employer's jurisdiction.
D. This section is not intended to regulate smoking in the following places and under the
following conditions within the city:
1. A private home which may serve as a workplace;
2. Any property owned or leased by a state or federal governmental agency.
E. Notwithstanding any other provision of this section, every employer shall have the right to
designate any place of employment, or any po�tion thereof, as a nonsmoking area.
F. Notwithstanding any other provision of this section, if any provision of this section conflicts
with, or differs from, the standards established by Labor Code Section 6404.5, as it may from
time to time be amended, then the most restrictive standard, whether from this section or
Labor Code Section 6404.5, shall apply. It is the intent of the council that this section be
interpreted and applied in such a manner as to prohibit the smoking of tobacco products in all
enclosed places of employment to the fullest extent permissible by law. (Ord. 1274 § 1, 1994;
Ord. 1172 § 1, 1990)
8.16.050 Posting of signs.
Signs which designate smoking or nonsmoking areas established by this chapter shall be
conspicuously posted in every room, building or other place so covered by this chapter. The
manner of such posting 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. 1172 § 1,
1990)
8.16.060 Compliance.
A. The city administrative officer or his or her designated representative shall be responsible
for compliance with this chapter as to facilities which are owned, operated or leased by the
city. The finance director shall provide each business license applicant with a copy of this
chapter.
B. The owner, operator or manager of any facility, business or agency within the purview of
this chapter shall comply with the provisions of this chapter. Notice of these regulations shall
be given to all applicants for a business license. Such owner, operator or manager shall post
or cause to be posted all no-smoking signs required by this chapter and shall not allow service
to any person who violates this chapter by smoking in a posted no-smoking area.
C. Any place of employment conducted or operated without compliance with the provisions
of Section 8.16.040 of this chapter applicable thereto shall be and the same is declared to be a
public nuisance. Whenever there is reason to believe such public nuisance exists, any affected
employee or any resident of the city, in his or her own name, may maintain an action in equity
to abate and prevent such nuisance and to perpetually enjoin the employer from maintaining or
permitting it. Upon the granting of equitable relief, in whole or in part, by a court of competent
jurisdiction, an employer determined to be in violation of Section 8.16.040 of this chapter shall
be liable for the attorney's fees, as may be determined by the court, incurred by the party
� bringing the action.
D. The city administrative officer or his or her designee may enforce Section 8.16.040 of this
chapter by either of the following actions:
1. Serving notice requiring the correction of any violation of that section; or
2. Requesting the city attorney to maintain an action for injunction to enforce the
provisions of Section 8.16.040 of this chapter, to cause the correction of any such violation,
and for assessment and recovery of a civil penalty of such violation, including attorney's fees.
E. Any employer who violates Section 8.16.04Q of this chapter may be liable for a civil
penalty, not to exceed five hundred dollars, which penalty shall be assessed and recovered in
a civil action b�ought in the name of the people of the city. Each day such violation is
committed or permitted to continue shall constitute a separate offense and sha11 be punishable
as such. Any penalty assessed and recovered in an action brought pursuant to this subsection
shall be paid to the finance director of the city.
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� F. In undertaking the enforcement of Section 8.16.040 of this chapter, the city is assuming
an undertaking only to promote the general welfare. It is not assuming any duty or obligation,
nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money
damages or otherwise to any person who claims that (1) the city or one of its officers or
employees breached any such obligation, and (2) the breach proximately caused injury. (Ord.
1172 § 1, 1990)
8.16.070 Violation—Penalty.
Any person who violates any provision of Section 8.1.6,030 or 8 16,0_40 of this chapter by
smoking in a posted no-smoking area, or by failing to post or cause to be posted a no smoking
sign required by this chapter, or by serving or accommodating any person who violates this
chapter by smoking in a posted no-smoking area, or by knowingly or intentionally permitting
any person to violate this chapter by smoking in a posted no-smoking area, is guilty of an
infraction, and is subject to punishment as provided for in Chapter 1.12 of this code. (Ord.
1274 § 2, 1994; Ord. 1172 § 1, 1990)
8.16.080 Where smoking not regulated.
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 facifity.
2. Hotel and motel rooms rented to guests.
3. Retail tobacco stores.
4. A private enclosed office workplace occupied exclusively by smokers, even though
such an office workplace may be visited by nonsmokers.
5. Any area exterior to the building in which the establishment or facility is located.
6. Any enclosed rooms in an establishment or facility which are being used entirely for
private functions. (Ord. 1172 § 1, 1990)
8.16.090 Severability.
If any provision, clause, sentence or paragraph of this chapter or the application thereof to
any person or circumstances 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. 1172 § 1,
1990)
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