HomeMy WebLinkAbout01-City Attorney
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SAN BERNARDINO AREA CHAMBER OF COMMERCE
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RECOMMENDED SMOKING ORDINANCE
An Ordinance of the City Council of the City of San Bernardino
Regulating Smoking in Public Places and Places of Employment.
The City Council of the City of San Bernardino does ordain as
follows:
Section I. - Purpose and Findings
The City Council of the City of San Bernardino does hereby find
that:
(A) Numerous studies have found that tobacco smoke
is a major contributor to indoor air pollution,
(B)
Reliable studies have shown that breathing
sidestream or secondhand smoke is a significant
health hazard, especially for certain population
groups, including elderly people, individuals
with cardiovascular disease, and individuals
with impaired respiratory function, including
asthmatics and those with obstructive airway
disease,
(C) Health hazards induced by breathing sidestream or
secondhand smoke include lung cancer, respiratory
infection, decreased exercise tolerance, decreased
respiratory function, bronchonstriction, and
bronochospasm;
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(D) Nonsmokers with allergies, respiratory diseases
and those who suffer other ill effects of
breathing sidestream or secondhand smoke may
experience a loss of job productivity,
(E) The Surgeon General of the United States has
advised nonsmokers to avoid exposure
to tobacco smoke wherever possible, and,
(F) The smoking of tobacco, or any other weed or
plant, is a proven danger to health.
Accordingly, the health, safety and general welfare of the
residents of, persons employed in, and persons who frequent
this City will be benefited by the regulation of smoking in
designated enclosed places.
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Section II - Definitions
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
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(C)
(A) "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. The area devoted
to such use shall be as set forth in any
conditional use permit, variance or other
Planning Department or Building and Safety
Department document establishing such use
or determined for purposes of collection of
business taxes by the office of the City Clerk
(B) "BUSINESS" means any sole proprietorship, partner-
ship, 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 legai,
medical, dental, engineering, architectural,
or other professional services are delivered.
"DINING AREA" means any enclosed area containing
a counter or tables upon which meals are served.
(D) "EMPLOYEE" means any person who is employed by any
employer in consideration for direct or indirect
monetary wages or profit, any person who
volunteers his or her services for a non-profit
entity.
(E) "EMPLOYER" means any person, partnership,
corporation, or non-profit entity employing
three or more persons.
(F) "ENCLOSED" means closed in by roof and four walls
with appropriate opening for ingress and egress.
(G)
"NON-PROFIT ENTITY" means any corporation,
unincorporated association, or other entity
created for charitable, educational, political
social, or other similar purposes, ~.h", ~wl'
proceeds from the operations of ,..t,sel'o ,liP
committed to the promotion of the objects or
purposes of the organization and not to private
financial gain. A public agency is not a
"non-profit entity" within the meaning of the
section.
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(H) "PLACE OF EMPLOYMENT" means any enclosed area
under the control of a public or private employer
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(J)
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(L)
(M)
(N)
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which employees occupy with normal frequency
during the course of employment, including but not
limited to, work areas, employee lounges, and
restrooms, conference and class rooms, cafeterias,
and hallways, except that a private residence is
not a place of employment, unless it is used
as a child care or a health care facility.
"PUBLIC PLACE" means any enclosed area to which
the public is permitted, including, but not
limited to: banks, educational facilities,
health facilities, public transportation
facilities, reception areas, restaurants,
retail food production and marketing establish-
ments, retail service establishments, retail
stores, theaters, and waiting rooms.
"RESTAURANT" means any coffee shop, cafeteria,
tavern, sandwich stand, soda fountain, private
or public school cafeteria, and any other
eating establishment, organization, club,
boarding house, or guest house, which gives
or offers food for sale to the public, guests,
patrons, or employees, except that the term
"restaurant" shall not include a cocktail
lounge or tavern if said cocktail lounge or
tavern is a "bar" as defined herein.
"RETAIL TOBACCO STORE" means a retail store
utilized primarily for the sale of tobacco
products and accessories.
"SERVICE LINE" means indoor line at which one
or more persons are waiting for or receiving
service of any kind, whether or not such
service includes the exchange of money.
"SMOKING" means inhaling, exhaling, burning,
or carrying any lighted pipe, cigar, or
cigarette of any kind, or any co~ustible
substance.
"SPORTS ARENA. means sports pavillion.,
gymnasiums, health spas, boxing arena.,
swimming pools, roller and ice rink.,
bowling alley. and other similar places
where members of the public asseable to
engage in physical exercise, participate
in athletic competition, or witness
sports events.
"WAITING ROOM SPACE" - Common area of any
office, restaurant, theatre or any other
facility where persons remain essentially
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inactive in ~xpectation of engagement
in the principal activity of the facility.
SECTION III - APPLICATION OF SMOKING IN CITY OWNED FACILITIES
All enclosed facilities owned by the City of San Bernardino
shall be subject to the provisions of this article.
(A) PLACES OF PUBLIC ASSEMBLY. Smoking is prohibited
in hearing rooms or places of public assembly
in which the business of the City of San
Bernardino, or an any of its Board or
Commissions, is conducted.
(B) PUBLIC LOBBIES, PUBLIC HALLWAYS. Smoking is
prohibited in waiting rooms, lobbies, and
public hallways of every building under direct
or indirect control of the city; provided,
however; that this prohibition does not
prevent the establishment of separate areas
in a building in which cigarette smoking is
permitted.
SECTION IV - PROHIBITION OF SMOKING IN PUBLIC PLACES
(A)
Smoking shall be prohibited except as
otherwise specifically set forth herein
in all enclosed pUblic places, including,
but not limited to, the following places:
(1) Elevators and restrooms.
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(2) Buses, taxicabs and other means of public
transit operated under the authority or
Franchise of the City of San Bernardino,
and ticket, boarding, and waiting
areas of public transit depots;
provided, however; that this prohibition
does not prevent the establish8ent of
separate vaiting areas for cigarette
smokers and non-smokers.
(3) Service lines.
(4) Retail stores, except areas in said
stores not open to the public and except all
areas within retail tobacco stores.
(5)
Retail food marketing establishments,
including grocery stores and supermarkets
except those areas of such establishments
set aside for the purpose of serving of food
and drink, as rest rooms and Offices, and
areas thereof not open to the public, which
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Public areas of aquariums, libraries, and
museums when open to the publicI
provided, however, that this prohibition
does not prevent the establishment of
separate areas in a building in which
cigarette smoking is permitted.
Any building not open to the sky which
is used primarily for eXhibiting any
motion picture, stage drama, lecture,
musical recital or other similar
performance, except when smoking is a part
of any such production, provided, however,
that this prohibition does not prevent
the establishment of separate areas in
the waiting room of such building
in which cigarette smoking may be permitted.
(9) Enclosed sports arenas, except in
designated smoking areas.
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(6)
(7)
(8)
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may be otherwise regulated by this
ordinance.
All areas available to and customarily
used by the public in all businesses and
non-profit entities patronized by the
public, including, but not limited to,
business offices, banks, hotels and
motels.
(10) Waiting rooms of doctors' off ;,""'''' ...11.1
dentists' offices, hallw~YE, \,;.,,'-: -fl"
semi-private rooms of health facilities,
including, but not limited to, hospitals,
clinics, and physical therapy facilities.
In bed space areas of health facilities
used for two or more patients, smoking
shall be prohibited unless patients within
the room request to be placed in a room
where smoking is permitted.
(11) Polling places.
(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 the
entire establishment or any portion thereof
to be a non-smoking area.
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SECTION V - SMOKING IN EATING ESTABLISHMENTS
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Smoking is prohibited and is unlawful within all enclosed
restaurants whose occupancy capacity is thirty (30) or more
persons, provided, however, that this prohibition shall not
apply to any such establishment maintaining a smoking policy,
notice of which is published on the exterior or within the
waiting area of such establishment and plainly visible to
perspective patrons of such establishment. Such policy shall
simply set forth the fact that a nonsmoking section is
available and whether such seating is contiguous or non-
contiguous to other nonsmoking seating. This prohibition shall
not apply to any rooms which are being used for eating
establishment purposes for private functions. Any portion used
as a bar is excluded from the restrictions of this section.
SECTION VI - REGULATION OF SMOKING IN PLACES OF EMPLOYMENT
(1) Within 90 days of the effective date of this
ordinance, each employer shall adopt, imple-
ment, make known and maintain a
smoking policy stating where smoking is
permitted and where it is prohibited.
(2) The smoking policy shall be communicated
to all existing employees and
shall be provided to new employees at 'the
time of their initial interview.
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(3)
Every employer shall have the right to designate
any place of employment or portion thereof, as
a non-smoking area.
SECTION .,n ~ - '''-,I:~;'Y ~:l'(;l] ~G IS NOT REGULATED
(A) Notwithstanding any other provisions of this
chapter to the contrary, the following areas
shall not be subject to the smoking restrictions
of the chapter.
1. Bars.
2. Hotel and motel rooms rented to guests.
3. Retail tobacco stores.
4. Restaurants, hotel and motel conference
or meeting rooms, public and private
assembly rooms while these places are
being used for private functions.
SECTION VIII - POSTING OF SMOKING AND NO SMOKING AREAS
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(A)
"No Smoking" signs with letters of not less than
one inch (1") in height or the international "No
Smoking" symbol (consisting of a pictorial
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(B)
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representation of a burning cigarette enclosed in
a red circle with a red bar across it), citing
this subsection shall be clearly, and
conspicuously posted in every building or other
place where smoking is controlled by this
ordinance by the owner, operator, manager or other
person having control of such building or other
place.
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 showing of each feature motion picture.
SECTION IX - VIOLATIONS
(A)
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It is unlawful for any person to smoke in a
place where smoking is prohibited.
It is unlawful for any person who owns" manages,
or otherwise controls the use of any premises
subject to the prohibition of this chapter to
fail to post signs as required by this chapter
or to knowingly permit a violation of this
ordinance, provided, however, that employees
are not required to designate their individual
work areas.
(B) Any person or business which violates sub-
section (A) or permits such violations, or any
other provision of this chapter, except as
otherwise provided herein shall be guilty
of an infraction, punishable as set forth
in San Bernardino Municipal Code Chapter
1.12 (B).
SECTION X - ENFORCEMENT
(A) A violation of any of the provisions of this
chapter shall constitute a public nuisance and
may be abated by the City through
means of restraining order, preliminary or
permanent injunction or in any other manner
provided by law for the abatement of such
nuisance and the City may take action to recover
the cost of such nuisance abatement.
(B)
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Any owner, manager, operator or employer of
any establishment controlled by this ordinance
may inform persons violating this ordinance
of the appropriate provisions thereof.
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SECTION XI - NONRETALIATION
It is hereby declared to be a violation of public policy for a
person or employer to discharge, refuse to hire, or in any
manner retaliate against any employee or applicant for
e~ployment because such employee or applicant exercises any
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SECTION XII - OTHER APPLICABLE LAWS
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable
law or regulation.
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RECOMMENDED SMOKING ORDINANCE
City Attorney's Office
An Ordinance of the City Council of the City of San Bernardino
Regulating Smoking in Public Places and Places of Employment.
The City Council of the City of San Bernardino does ordain as
follows:
Section I. - Purpose and Findings
The City Council of the City of San Bernardino does hereby find
that:
(A) Numerous studies have found that tobacco smoke
is a major contributor to indoor air pollution;
(B) Reliable studies have shown that breathing
sidestream or secondhand smoke is a significant
health hazard, especially for certain population
groups, including elderly people, individuals
with cardiovascular disease, and individuals
with impaired respiratory function, including
asthmatics and those with obstructive airway
disease;
(C) Health hazards induced by breathing sidestream or
secondhand smoke include lung cancer, respiratory
infection, decreased exercise tolerance, decreased
respiratory function, bronchonstriction, and
bronochospasm;
(D) Nonsmokers with allergies, respiratory diseases
and those who suffer other ill effects of
breathing sidestream or secondhand smoke may
experience a loss of job productivity;
(E) The Surgeon General of the United States has
advised nonsmokers to avoid exposure
to tobacco smoke wherever possible, and;
(F) The smoking of tobacco, or any other weed or
plant, is a proven danger to health.
Accordingly, the health, safety and general welfare of the
residents of, persons employed in, and persons who frequent
this City will be benefited by the regulation of smoking in
designated enclosed places.
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Section II - Definitions
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
(A) "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. The area devoted
to such use shall be as set forth in any
conditional use permit, variance or other
Planning Department or Building and Safety
Department document establishing such use
or determined for purposes of collection of
business taxes by the office of the City Clerk
(B) "BUSINESS" means any sole proprietorship, partner-
ship, 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.
(C) "DINING AREA" means any enclosed area containing
a counter or tables upon which meals are served.
(D) "EMPLOYEE" means any person who is employed by any
employer in consideration for direct or indirect
monetary wages or profit, any person who
volunteers his or her services for a non-profit
entity.
(E) "EMPLOYER" means any person, partnership,
corporation, or non-profit entity employing
three or more persons.
(F) "ENCLOSED" means closed in by roof and four walls
with appropriate opening for ingress and egress.
(G) "NON-PROFIT ENTITY" means any corporation,
unincorporated association, or other entity
created for charitable, educational, political
social, or other similar purpn,,-,,": f,:," ~",>1
proceeds from the operations of l\'t: c}, <'1"
committed to the promotion of the objects or
purposes of the organization and not to private
financial gain. A public agency is not a
"non-profit entity" within the meaning of the
section.
(H) "PLACE OF EMPLOYMENT" means any enclosed area
under the control of a public or private employer
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which employees occupy with normal frequency
during the course of employment, including but not
limited to, work areas, employee lounges, and
restrooms, conference and class rooms, cafeterias,
and hallways, except that a private residence is'
not a place of employment, unless it is used
as a child care or a health care facility.
(I) "PUBLIC PLACE" means any enclosed area to which
the public is permitted, including, but not
limited to: banks, educational facilities,
health facilities, public transportation
facilities, reception areas, restaurants,
retail food production and marketing establish-
ments, retail service establishments, retail
stores, theaters, and waiting rooms.
(J) "RESTAURANT" means any coffee shop, cafeteria,
tavern, sandwich stand, soda fountain, private
or public school cafeteria, and any other
eating establishment, organization, club,
boarding house, or guest house, which gives
or offers food for sale to the public, guests,
patrons, or employees, except that the term
"restaurant" shall not include a cocktail
lounge or tavern if said cocktail lounge or
tavern is a "bar" as defined herein.
(K) "RETAIL TOBACCO STORE" means a retail store
utilized primarily for the sale of tobacco
products and accessories.
(L) "SERVICE LINE" means indoor line at which one
or more persons are waiting for or receiving
service of any kind, whether or not such
service includes the exchange of money.
(M) "SMOKING" means inhaling, exhaling, burning,
or carrying any lighted pipe, cigar, or
cigarette of any kind, or any combustible
substance.
(N) "SPORTS ARENA" means sports pavillions,
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.
(0) "WAITING ROOM SPACE" - Common area of any
office, restaurant, theatre or any other
facility where persons remain essentially
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inactive in expectation of engagement
in the principal activity of the facility.
SECTION III - APPLICATION OF SMOKING IN CITY OWNED FACILITIES
All enclosed facilities owned by the City of San Bernardino
shall be subject to the provisions of this article.
(A) PLACES OF PUBLIC ASSEMBLY. Smoking is prohibited
in hearing rooms or places of public assembly
in which the business of the City of San
Bernardino, or an any of its Board or
Commissions, is conducted.
(B) PUBLIC LOBBIES, PUBLIC HALLWAYS. Smoking is
prohibited in waiting rooms, lobbies, and
public hallways of every building under direct
or indirect control of the city~ provided,
however~ that this prohibition does not
prevent the establishment of separate areas
in a building in which cigarette smoking is
permitted.
SECTION IV - PROHIBITION OF SMOKING IN PUBLIC PLACES
(A) Smoking shall be prohibited except as
otherwise specifically set forth herein
in all enclosed public places, including,
but not limited to, the following places:
(1) Elevators and restrooms.
(2) Buses, taxicabs and other means of public
transit operated under the authority or
Franchise of the City of San Bernardino,
and ticket, boarding, and waiting
areas of public transit depots~
provided, however~ that this prohibition
does not prevent the establishment of
separate waiting areas for cigarette
smokers and non-smokers.
(3) Service lines.
(4) Retail stores, except areas in said
stores not open to the public and except all
areas within retail tobacco stores.
(5) Retail food marketing establishments,
including grocery stores and supermarkets
except those areas of such establishments
set aside for the purpose of serving of food
and drink, as restrooms and offices, and
areas thereof not open to the public, which
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may be otherwise regulated by this
ordinance.
(6) All areas available to and customarily
used by the public in all businesses and
non-profit entit:es patronized by the
public, including, but not limited to,
business offices, banks, hotels and
motels.
(7) Public areas of aquariums, libraries, and
museums when open to the public1
provided, however, that this. prohibition
does not prevent the establishment of
separate areas in a building in which
cigarette smoking is permitted.
(8) Any building not open to the sky which
is used primarily for exhibiting any
motion picture, stage drama, lecture,
musical recital or other similar
performance, except when smoking is a part
of any such production, provided, however,
that this prohibition does not prevent
the establishment of separate areas in
the waiting room of such building
in which cigarette smoking may be permitted.
(9) Enclosed sports arenas, except in
designated smoking areas.
(10) Waiting rooms of doctors' offi,""''' ~,),,1
dentists I offices, hallways-, \'Cl.,' _: _!,,'
semi-private rooms of health facilities,
including, but not limited to, hospitals,
clinics, and physical therapy facilities.
In bed space areas of health facilities
used for two or more patients, smoking
shall be prohibited unless patients within
the room request to be placed in a room
where smoking is permitted.
(11) Polling places.
(B) Notwithstanding any other prov1s1on of this
section, any owner, operator, manager or
other person who controls any establishment
described in this section may declare the
entire establishment or any portion thereof
to be a non-smoking area.
SECTION V - SMOKING IN EATING ESTABLISHMENTS
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Smoking is prohibited and is unlawful within all enclosed
restaurants whose occupancy capacity is thirty (30) or more
persons, provided, however, that this prohibition shall not
apply to any such establishment maintaining a smoking policy,
notice of which is pUblished on the exterior or within the
waiting area of such establishment and plainly visible to
prospective patrons of such establishment. Such policy shall
simply set forth the fact that a nonsmoking section is
available and whether such seating is contiguous or non-
contiguous to other nonsmoking seating. This prohibition shall
not apply to any rooms which are being used for eating
establishment purposes for private functions. Any portion used
as a bar is excluded from the restrictions of this section.
SECTION VI - REGULATION OF SMOKING IN PLACES OF EMPLOYMENT
(1) Within 90 days of the effective date of this
ordinance, each employer shall adopt, imple-
ment, make known and maintain a
smoking policy stating where smoking is
permitted and where it is prohibited.
(2) The smoking policy shall be communicated
to all existing employees and
shall be provided to new employees at the
time of their initial interview.
(3) Every employer shall have the right to designate
any place of employment or portion thereof, as
a non-smoking area.
SECTION VII - WHERE SMOKING IS NOT REGULATED
(A) Notwithstanding any other provisions of this
chapter to the contrary, the following areas
shall not be subject to the smoking restrictions
of the chapter.
1. Bars.
2. Hotel and motel rooms rented to guests.
3. Retail tobacco stores.
4. Restaurants, hotel and motel conference
or meeting rooms, public and private
assembly rooms while these places are
being used for private functions.
SECTION VIII - POSTING OF SMOKING AND NO SMOKING AREAS
(A) "No Smoking" signs with letters of not less than
one inch (I") in height or the international "No
Smoking" symbol (consisting of a pictorial
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representation of a burning cigarette enclosed in
a red circle with a red bar across it), citing
this subsection shall be clearly, and
conspicuously posted in every building or other
place where smoking is controlled by this
ordinance 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 showing of each feature motion picture.
SECTION IX - VIOLATIONS
(A) It is unlawful for any person to smoke in a
place where smoking is prohibited.
It is unlawful for any person who owns, manages,
or otherwise controls the use of any premises
subject to the prohibition of this chapter to
fail to post signs as required by this chapter
or to knowingly permit a violation of this
ordinance, provided, however, that employees
are not required to designate their individual
work areas.
(B) Any person or business which violates sub-
section (A) or permits such violations, or any
other provision of this chapter, except as
otherwise provided herein shall be guilty
of an infraction, punishable as set forth
in San Bernardino Municipal Code Chapter
1.12(B).
SECTION X - ENFORCEMENT
(A) A violation of any of the provlslons of this
chapter shall constitute a public nuisance and
may be abated by the City through
means of restraining order, preliminary or
permanent injunction or in any other manner
provided by law for the abatement of such
nuisance and the City may take action to recover
the cost of such nuisance abatement.
(B) Any owner, manager, operator or employer of
any establishment controlled by this ordinance
may inform persons violating this ordinance
of the appropriate provisions thereof.
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SECTION XI - NONRETALIATION
It is hereby declared to be a violation of public policy for a
person or employer to discharge, refuse to hire, or in any
manner retaliate against any employee or applicant for
~mployment because such employee or applicant exercises any
r:),'J',:..o '<',"'''C(~E'C ty this chapter.
SECTION XII - OTHER APPLICABLE LAWS
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable
law or regulation.
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SAN BERNARDINO COUNTY CLEAN INDOOR AIR COALITION
MODEL SMOKING ORDINANCE
Ordinance No.
An Ordinance of the City Council of the City of
Regulation of Smoking in Public Places and Places of Employment
The City Council of the City of
does ordain as follows:
SECTION 1:
Chapter is hereby added to Title
Municipar-fode, to read as follows:
of the
CHAPTER
SMOKING
Sec.
.1. Purpose and Findings.
The City Council of the City of
does hereby find that:
(a) Numerous studies have found that tobacco smoke is a
major contributor to indoor air pollution;
(b) Reliable studies have shown that breathing sidestream
or secondhand smoke is a significant health hazard,
especially for certain population groups, including elderly
people, individuals with cardiovascular disease, and
individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease;
(c) Health hazards induced by breathing sidestream or
secondhand smoke include lung cancer, respiratory infection,
decreased exercise tolerance, decreased respiratory
function, bronchoconstriction, and bronochospasm;
(d) Nonsmokers with allergies, respiratory diseases and
those who suffer other ill effects of breathing sidestream
or 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
(e) The Surgeon General of the United States has advised
nonsmokers to avoid exposure to tobacco smoke wherever
possible, and, in particular, to protect infants and
children from this smoke; and
(f) The smoking of tobacco, or any other weed or plant, is
a proven danger to health.
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Accordingly, the health, safety and general welfare of the
residents of, persons employed in, and persons who frequent this
city would be benefited by the regulation of smoking in
designated enclosed places, including places of employment.
Sec.
.2. DEFINITIONS
The following words and phrases, whenever used in this Chapter,
shall be construed as hereafter set out, unless it is apparent
from the context that they have a different meaning:
(a) "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;
(b) "Employee" means any person who is employed by any
employer in consideration for direct or indirect monetary
wages or profit;
(c) "Employer" means any person, partnership, corporation,
including municipal corporation or public entities, who
employs the services of more than three (3) persons;
(d) "Enclosed" means closed in by roof and four walls with
appropriate opening for ingress and egress;
(e) "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, and employee cafeterias;
(f) "Smoking" means the carrying or holding of a lighted
pipe, cigar, or cigarette of any kind, or any other lighted
smoking equipment or the lighting or emitting or exhaling
the smoke of a pipe, cigar, or cigarette of any kind.
Sec.
.3. Regulation of Smoking in City Owned Facilities.
All enclosed facilities owned by the City of
subject to the provisions of this article.
shall be
Sec. ___.4. Prohibition of Smoking in Certain Enclosed Places
Smoking shall be prohibited in the following places within the
City:
(a) All enclosed areas available to and customarily used by
the general public and all businesses patronized by the
public, including, but not limited to, retail stores, hotels
and motels, pharmacies, child care facilities, banks, and
offices;
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(b) Elevators, public restrooms, indoor service lines,
buses, taxicabs and other means of public transit under the
authority of the City, while within the boundaries of the
City, and in ticket, boarding, and waiting areas of public
transit depots; provided, however, that this prohibition
does not prevent (1) The establishment of separate waiting
areas for smokers and nonsmokers; or (2) The establishment
of at least fifty percent (50%) of a given waiting area as a
non-smoking area;
(c) Public areas of museums, galleries and libraries;
(d) 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;
(e) Retail food marketing establishments, including grocery
stores and supermarkets, except those areas of such
establishments set aside for the purpose of serving of food
and drink, restrooms and offices, and areas thereof not open
to the public, which may be otherwise regulated by this
Chapter;
(f) Hearing rooms, conference rooms, chambers and places of
public assembly in which public business is conducted, when
the public business requires or provides direct
participation or observation by the general public;
(g) Public schools and other public facilities under the
control of another public agency, which are available to and
are customarily used by the general public, to the extent
that the same are subject to the jurisdiction of the City;
and
(h) Polling places.
(i) 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.
.5. Prohibition of Smoking in Health Facilities.
(a) Smoking shall be prohibited in waiting rooms, hallways,
and other public areas of health facilities, including, but
not limited to, hospitals, clinics, physical therapy
facilities, doctors' offices and dentists' offices.
(b) In bed space areas of health facilities used for two or
more patients, smoking shall be prohibited, except that the
facility may, at its option, permit smoking in a room
provided that all patients within the room have requested in
writing upon the health facility's admission form to be
placed in a room where smoking is permitted.
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(c) Health facilities shall also be subject to the
provisions of Section .7 regulating smoking in places of
employment.
Sec. .6. Regulation of Smoking in Eating Establishments.
Smoking is prohibited and is unlawful within all indoor eating
establishments serving food whose occupancy capacity is forty
(40) or more persons, provided, however, that this prohibition
shall not apply to any such establishment maintaining a
contiguous no smoking area or separate no smoking rooms
containing at least fifty percent (50%) of the seating capacity
of the establishment. This prohibition shall not apply to any
rooms which are being used for eating establishment purposes for
private functions. Any portion of an indoor eating establishment
used as a bar is excluded from the restrictions of this section.
Sec. .7. Regulation of Smoking in Places of Employment.
(a) It shall be the responsibility of employers to provide
smoke-free areas for nonsmokers withing existing facilities
to the maximum extent possible, but employers are not
required to incur any expense to make structural or other
physical modifications in providing these areas;
(b) Within ninety (90) days of the effective date of this
ordinance, each employer and each place of employment
located within the City shall adopt, implement, make known
and maintain a written smoking policy, which shall contain
at a minimum the following requirements:
(1) Prohibition of smoking in conference and meeting
rooms, classrooms, auditoriums, restrooms, medical
facilities, hallways, and elevators;
(2) Any employee in a place of employment shall have
the right to designate his or her immediate work area
as a non-smoking area and to post the same with an
appropriate sign or signs, to be provided by the
employer. The policy adopted by the employer shall
include a reasonable definition of the term "immediate
work area "i
(3) In any dispute arising under this smoking policy,
the health concerns of the non-smoker shall be given
precedence;
(4) provision and maintenance of a separate and
contiguous non-smoking area of not less than 40% of the
seating capacity and floor space in cafeterias,
lunchrooms and employee lounges;
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(c) The smoking policy shall be communicated to all
employees within three weeks of its adoption, and at least
annually thereafter;
(d) Notwithstanding the provisions of subsection (a) of
this section, every employer shall have the right to
designate any place of employment, or portion thereof, as a
non-smoking area.
Sec.
.8. Smoking: Optional Areas.
Notwithstanding any other provisions of this Chapter to the
contrary, the following areas shall not be subject to the smoking
restrictions of this article:
(a) Private residences, even when serving as a place of
employment, excepting a private residence when serving as a
child care facility;
(b) Bars;
(c) Hotel and motel rooms rented to guests;
(d) Retail stores that deal exclusively in the sale of
tobacco and smoking paraphernalia;
(e) Restaurants, hotel and motel conference or meeting
rooms, and public and private assembly rooms while these
places are being used for private functions;
(f) A private enclosed place occupied exclusively by
smokers, even though such a place may be visited by non-
smokers, and a private enclosed office, excepting places in
which smoking is prohibited by the Fire District or by any
other law, ordinance or regulation.
Sec.
.9. Posting Requirements.
"Smoking" or "No Smoking" signs, whichever are appropriate, with
letters of not less than one inch (1") 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), and citing Municipal Code
Section (M. C. ) shall be clearly, sufficiently and
conspicuously posted in every building or other place where
smoking is controlled by this article, by the owner, operator,
manager or other person having control of such building or other
place.
Every restaurant regulated by this Chapter
its entrance a sign clearly stating that a
available, and every patron shall be asked
preference.
shall have posted at
nonsmoking section is
as to his or her
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Sec. .10. Enforcement.
(a) Administration of this ordinance shall be by the City
Manager or his designees.
(b) Any citizen who desires to register a complaint
hereunder m~y initiate enforcement consideration with the
City Manager or his designees.
(c) A violation of any of the provisions of this Chapter
shall constitute a public nuisance and may be abated by the
City or by any affected employee or resident of the City
through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisance.
(d) Any owner, manager, operator or employer of any
establishment controlled by this ordinance may inform
persons violating this ordinance of the appropriate
provisions thereof.
Sec.
.11 . Penalties.
(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 hereunder; provide signs for
the use of employees in designating their areas; properly
set aside "No Smoking" areas; adopt a smoking restriction
policy; or comply with any other requirements of this
Chapter.
(b) It shall be unlawful for any person to smoke in any
area in which smoking is prohibited by the provisions of
this Chapter.
(c) Any person or business which violates Subsections (a)
or (b) herein, or any other provision of this Chapter, shall
be guilty of an infraction, punishable by a fine not to
exceed $____ (Alternative lanquaqe: punishable as provided
in Section of the Municipal Code).
Sec.
.12. 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 afforded
by this Chapter.
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Sec. .13. Other Applicable Laws.
This Chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable law
or regulation.
Sec. .14. Severability.
If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be
unconstitutional or to be otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other
ordinance provisions or clauses or applications thereof which can
be implemented without the invalid provision or clause or
application, and to this end the provisions and clauses of this
ordinance are declared to be severable.
SECTION 2. OTHER AGENCY COOPERATION.
Federal, State, school and special district entities having
facilities within the City of are requested and urged to
enact and enforce provisions similar to the provisions contained
herein. The City Clerk shall communicate this request to persons
in charge of such facilities and shall furnish said persons a
copy of this ordinance.
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CANCER
SOCIETY-
CANCER FACTS
& FIGURES-1987
MONT, N, DAlL
3.000 2,611
S.DAlL
2.700
wn>.
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Nfl&.
NEV. 6,.
~ UTAH
COlo.
3,SOO 1,700 KANSAS
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AIIIZ. N. MfIl. '3'-
12,'00 ~
1fXAS
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PUHIO
IICO
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Eslimated number of new cancer cues In 1987 by Slates, total: 965,000. (excludln8 Puerto Rico)
.Excludlng non-melanoma skin cancer and carcinoma in situ.
BASED ON RATES fROM Nel SEER PROCRAM (1981.1983~
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SELECTED CANCER SITES
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LUNG CANCER
Incidence: An estimated 150,000 new cases in 1987.
The incidence rate in white males dropped &om 82.7
per 100,000 in 1982 to 79.3 in 1983, However, the in-
cidence rate in white females and in black males and
females continued to rise,
Mortality: An estimated 136,000 deaths in 1987, The
age-standardized lung cancer death rate for women
is higher than that of any other cancer, It has surpassed
breast cancer which for over 50 years was the number
one cancer killer of women,
Warning Signals: A persistent cough; sputum
streaked with blood; chest pain; recurring attacks of
pneumonia or bronchitis,
Risk Factors: Ggarette smoking; history of smoking
20 or more years; exposure to certain industrial sub-
stances such as asbestos, particularly for those who
smoke. Involuntary smoking increases the risk,
Exposure to radiation may also contribute to lung
cancer,
Early Detection: Lung cancer is very difficult to
detect early; symptoms often don't appear until the
disease has advanced considerably, If a smoker quits
at the time of early precancerous cellular changes, the
damaaed bronchial lining often returns to normal. If
a smoker continues the habit, cells may form abnormal
growth patterns that lead to cancer. Diagnosis may
be aided by such procedures as the chest X ray, sputum
cytology test and fiberoptic bronchoscopy.
Treatment: Treatment depends on the type of. and
stage of lung cancer. Surgery, radiation therapy and
chemotherapy are all options. For many loca1ized
cancers, surgery is usually the treatment of choice.
Since the majority of patients with lung cancer have
tumor spread. radiation therapy and chemotherapy are
often combined with surgery, In small cell cancer of
the lung, chemotherapy alone or combined with
radiation has largely replaced surgery as the treatment
of choice, with a large percentage of patients
experiencing remission-in some cases, 10ng.lasting
remission,
Survival: Only 13% oflung cancer patients (all stages,
whites and blacks) live five or more years after
diagnosis, The rate is 33% for cases detected in a
localized stage; but only 24% of lung cancers are
discovered that early. Rates have improved only
slightly over a recent 10-year period.
COLON AND RECTUM CANCER
Incidence: An estimated 145,000 new cases in 1987,
incIud. 000 of colon cancer and 43,000 of rectum
cancer, bined incidence is second only to
that of I luding common skin cancers).
Mortality: An ,000 deaths in 1987, second
only to lung canc , udes 52.000 for colon
cancer and 8,000 for rec
Warning Signals: Bleeding
in the stool, change in bowel ha
Risk Factors: Personal or family
rectum cancer; personal or family his
in the colon or rectum; inflammatory bowe
Evidence suggests that bowel cancer may be
to the diet. A diet high in fat and/or low in fiber conten
may be a significant causative factor.
Early Detection: The ACS recommends three
as valuable aids in detecting colon and rec
early in people without symptoms,
The digital rectal examination '
physician during an office visi
one every year after age 40
The stool blood slid
the feces for hi
by the patie
office,
rec
and lower colon with a hollow lighted tube, As
site of most colorectal cancers appears to be
higher in the colon, longer, flexible ins
being used as well as the rigid scope.
ommends a procto every 3 to 5 Y
of 50, following two annual norm
If any of these tests reve
physician may recomm
such as colonoscopy
scopes view the
Treatment:
ation, is
rect
pie method of testing
e specimen is obtained
, and returned to the physician's
or clinic for examination. The ACS
the test every year after :;0, ,
sigmoidoscopy, known as the "practo," is an
examination in which a physician inspects the rectum
Ible problems, a
extensive studies,
arium enema. Colono-
on.
, at times combined with radi-
effective method of treating colo-
. Chemotherapy is being studied to
Its possible role in treating advanced cases.
of colon cancer, a permanent colostomy,
of an abdominal opening for the eIim-
wastes, is seldom needed. and is
fOr patients with rectal cancer,
ent colostomies necessary
whose rectal cancers are
do have permanent
, patient assistance
inatio
infrequen
One report to
for only 15% of
detected early. For t
colostomies, the Society Ii
program. (See p. 24)
Survival: When colorectal can
treated in an early, localized stage, the
rate is 86% for colon cancer and 77% ior
compared with 39% and 31% respectively,
cancer has spread to other parts of the body,
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PREVENTION
)
PRIMARY PREVEN110NREFERS TO STEPS mAT MIGHT BE TAKEN TO AVOID THOSE
FACTORS mAT MIGHT LEAD TO THE DEVELOPMENT OF CANCER.
SMOKING
SUNUGHT
ALCOHOL
SMOKELESS
TOBACCO
ESTROGEN
RADIATION
OCCUPATIONAL
HAZARDS
NUTRITION
Cigarette smoking is responsible for 85% of lung cancer cases among men and 75% among
women-about 83% overall. Smoking accounts for about 30% of all cancer deaths. Those
who smoke two or more packs of ci~ettes a day have lung cancer mortality rates 15 to
25 times greater than nonsmokers,
Almost all of the more than 500,000 cases of non-melanoma skin cancer developed each
year in the U.S. are considered to be sun-related. Recent epidemiological evidence shows
that sun exposure is a major factor in the development of melanoma and that the incidence
increases for those living near the equator, (See Selected Cancer Sites: Skin Cancer)
Oral cancer and cancers of the larynx, throat, esophagus, and liver occur more frequently
among heavy drinkers of alcohoL (See Selected Cancer Sites: Oral Cancer)
Increased risk factor for cancers of the mouth. larynx, throat, and esophagus, Highly habit
forming, (See Selected Cancer Sites: Lung Cancer and Oral Cancer)
For mature woml!n. certain risks associated with estrogen treatment to control menopausal
symptoms, including an increased risk of endometriaI cancer. Use of estrogen by menopausal
women needs careful discussion by the woman and her physician, (See Selected Cancer
Sites: Uterine Cancer)
Excessive exposure to radiation can increase cancer risk. Most medical X rayS are adjusted
to deliver the lowest dose possible without sacrificing image quality.
Exposure to a number of industriaI agents (nickeL chromate, asbestos, vinyl chloride, etc,)
increases risk. Risk factor greatly increased when combined with smoking.
Risk for colon. breast and uterine cancers increases for obese people, High-fat diet may
be a factor in the development of certain cancers such as breast, colon and prostate. High_
fiber foods may help reduce risk of colon cancer, and can be a wholesome substitute for
high-fat diets. Foods rich in vitamins A and C may help lower risk for cancers of larynx,
esophagus, stomach and lung, Eating cruciferous vegetables may help protect against certain
cancers. Salt.cured, smoked and nitrite-cured foods have been linked to esophageal and
stomach cancer, The heavy use of alcohol, especiaI1y when accompanied by cigarette smoking
or chewing tobacco. increases risk of cancers of the mouth. larynx, throat, esophagus, and
liver. (See above)
SECONDARY PREVEN110N REFERS TO STEPS TO BE TAKEN TO DIAGNOSE A
CANCER OR PRECURSOR AS EARLY AS POSSIBLE AFTER IT HAS DEVELOPED.
COLORECTAL
TESTS
PAP TEST
BREAST CANCER
DETEcrION
The ACS recommends three tests for the early detection of colon and rectum cancer in
people without symptoms. The digital rectal examination. performed by a phySician during
an office visit, should be performed every year after the age of 40; the stool blood test
is recommended every year after 50; and the proctosigmoidoscopy examination should be
carried out every 3 to 5 years after the age of 50 following two annual exams with negative
results. (See Selected Cancer Sites: Colon and Rectum Cancer)
For the average risk person. a Pap test is recommended annually until two consecutive
satisfactory tests are negative, and then once every three years. The Pap test is highly effective
in detecting cancer of the uterine cervix, but is less effective in detecting endometriaI cancer,
The ACS recommends the monthly practice of breast self-examination (BSE) by women
20 years and older as a routine good health habit, Physical examination of tht> t1l'l'ast should
be done every three years from ages 20-40 and then every year, The ACS recommends
a mammogram every year for asymptomatic women age 50 and over, and a baseline
mammogram between ages 35 and 39, Women 40 to 49 should have mammography every
1.2 years, depending on physical and mammographic findings,
18
I
Prevention
'we
,
BREAST CANCER: A PROGRAM or ACTION
one out of every 10 women in the United
velop breast cancer during her lifetime,
can be prevented. the best way
eel themselves is through early
treatment. Today, with modern
er' can be detected at very
when the chance of cure
Y' recommends thi
.Jlart, personal plan of action.
their doctors for early detection
er. (See page 19 for Checkup Guidelines.)
ical breast exam should be performed by a
doctor as part of a regular health checkup.
a visual inspection of the breasts.
in shape or size or skin dimp ,
ough inspection of the
Women should ask th .
have a clinical
A
iden'
TOBACCO USE
The American Cancer Society estimates that ciga-
rette smoking is responsible for 85% of lung cancer
cases among men and 75% among women-about 83%
overall. ,
The cancer death rate for male cigarette smokers is
more than double that of nonsmokers, and the rate
for female smokers is 67% higher than for nonsmokers.
The higher cancer rates for men reflect the fact that
in the past, more men than women smoked. and
smoked more heavily. In recent years. however. the
gap between male !lnd female smoking has been
narrowing,
Smoking also has been implicated in cancers of the
mouth, pharynx. larynx. esophagus, pancreas and
bladder, Smoking accounts for about 30% of all cancer
deaths, is a major cause of heart disease, and is linked
to conditions ranging &om colds and gastric ulcers to
chronic bronchitis and emphysema.
Smoking is related to 320.000 deaths each year. A
September 1985 study by the US. Congress Office of
Technology Assessment estimates the cost of smoking
to the economy &om 38 billion to 95 billion. with a
middle estimate of 65 billion, This amounts to $2.17
in lost productivity and the treatment of smoking.
related diseases for each pack of cigarettes sold,
A Decline in Smokins
A September 1986 tobacco report of the U,S,
Department of Agriculture estimates cigarette output
in 1986 at 659 billion. down 10% &om last year, about
the same decrease as the previous year.
From 1976 to 1985, adult male smok"rs (20 years and
older) dropped from 42% of the population to 32%,
while women smokers decreased from 32% to 28"1"
according to the National Center for Health Statist'
Overall, the percentage of adult smokers in
population had dropped to 30%, Other recent polls
also indicate that the proportion of smokers may have
dropped to 30%, '
Per capita cigarette consumption among adults has
fallen-&om 4.141 in 1974 to 3,275 in 1986-reflecting
a growing number of ex.smokers. This is the lowest
per capita consumption since 1944. From 1965 to 1983,
the proportion of adult male ex.smokers (20 years and
older) in the total US, population increased &om 20.5%
to 30.3%, while female ex-smokers rose &om 8.2%
to 15.9%,
A survey supported by the National Institute on
Drug Abuse ~ted that the percentage of high
school seniors (agi!d 17 and 18) who smoked cigarettes
daily decreased from 28.8% in 1976 to 195% in 1985.
It is now estimated-&om past national surveys and
data &om the Cancer Prevention Study II-that there
are about 40 mil1ion ex-cigarette smokers in the U.S,
today,
At the same time. however, the average smoker
appears to be smoking more heavily. The US. Office
on Smoking and Health reports that the proportion
of adult male smokers (20 years and older) consuming
2S or more cigarettes per day increased &om 30.7%
to 32% between 1976 and 1985. and female smokers
&om 19.0% to 21%,
Figures &om the U.S. Department of Agriculture
show that a total of 584 billion cigarettes were con-
sumed in 1986, down &om 594 in 1985.
Risk Awareness
A Federal Trade Commission staff report states that
although most Americans are aw~ of a health risk
in smoking. more than 40% don't know smoking causes
most lung cancer. and 20% don't know it can cause
cancer at all. More than 30% are unaware that smoking
20