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HomeMy WebLinkAbout78- Public Hearing NO , i 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 . 1 1-9�► JW:ms - ! 3/2/88 100% 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, 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 where legal , medical, dental, engineering, architectural, or other professional services are delivered, employing ten (10) or more persons. (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 ten 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, the net proceeds from the operation of which are 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 2 under the control of a public or private employer employing ten (10) or more persons , 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, private educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, 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 pavilions, 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, of witness sports events. (0) "WAITING ROOM SPACE" Common area of any office, restaurant, theatre or any other 3 facility where persons remain essentially 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 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 may be otherwise regulated by this ordinance. 4 (6) 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. (7) Public areas of aquariums, libraries, and museums when open to the public; 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 ' offices and dentists ' offices, hallways, wards, and 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. SECTION V - SMOKING IN EATING ESTABLISHMENTS 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, 5 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, implement, 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 (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) , citing this subsection shall be clearly, and conspicuously posted in every building or other 6 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. (B) Any person or business which violates subsection (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) Any owner, manager, operator or employer of any establishment controlled by this ordinance may inform persons violating this ordinance of the appropriate provisions thereof. SECTION XI - NON-RETALIATION 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 employment because such employee or applicant exercises any rights afforded by this chapter . 7 i JOWN 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. 8