HomeMy WebLinkAboutMC-623
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ORDINANCE NO. MC-623
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.72 OF
THE SAN BERNARDINO MUNICIPAL CODE, REGULATING SMOKING IN PUBLIC
PLACES AND PLACES OF EMPLOYMENT.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.72 of the San Bernardino Municipal
Code is amended to read as follows:
"8.72.010 Legislative findings.
The Mayor and Common Council find and declare 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, bronchioconstriction, and
bronchiospasm;
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;
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The Surgeon General of the United States has
advised nonsmokers to avoid exposure
to tobacco smoke wherever possible, and;
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.
8.72.020 Definitions.
The following words and phrases, whenever used in this
chapter, shall be construed as defined in this section:
E.
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F.
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, as 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
as well as professional corporations and other
entities which provide legal, medical, dental,
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engineering, architectural, or other professional
services and which "business" employs ten (10) or
more persons. Working owners and management
employees shall be included in the calculation of
the ten 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, and any person who
volunteers his or her services for a non-profit
entity.
E. "EMPLOYER" means any business and any non-profit
entity with ten or more employees. Working owners
and management employees shall be included in the
calculation of the ten or more persons.
F. "ENCLOSED" means closed in by roof and four walls
with appropriate openings for ingress and egress
except the public areas of any shopping mall shall
not be deemed to be "enclosed" for purposes of the
application of this chapter.
G. "NON-PROFIT ENTITY" means any corporation,
unincorporated association, or other entity created
for charitable, educational, political, social, or
similar purposes, the net proceeds from the
operation of which are committed to the promotion
of the objects or purposes of the organization and
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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 1) any enclosed area
2) under the control of a public or private
employer 3) 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 office 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
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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 an indoor queue in which one
or more persons routinely wait for or receive
service of any kind, whether or not such
service includes the exchange of money.
M. "SMOKING" means the igniting, inhaling, exhaling,
or carrying of any burning cigar, or
cigarette of any kind, or the igniting,
inhaling, exhaling or carrying of
a pipe or other device for smoking, containing
any burning substance.
N. "ENCLOSED ATHLETIC RECREATION AREA" means
gymnasiums, health spas, swimming pools, roller and
ice rinks.
O.
"WAITING ROOM SPACE"
Common area of any
office, restaurant, theatre or any other
facility where persons routinely wait.
8.72.030 Prohibition against smoking in city owned
facilities.
All enclosed facilities owned by the City of San
Bernardino shall be subject to the provisions of this section.
A. PLACES OF PUBLIC ASSEMBLY. Smoking is prohibited
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in all hearing rooms or places of public assembly
in which the business of the City of San
Bernardino, or any of its Boards or Commissions, is
regularly conducted.
B. PUBLIC LOBBIES, PUBLIC HALLWAYS. Smoking is
prohibited in all 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 of such building in
which areas smoking may be permitted.
C. Smoking is prohibited in all areas of the City Hall,
except those areas designated by the City
Administrator or Mayor and Common Council.
D. Notwithstanding any other provision herein, the
City Administrator or the Mayor and Common Council
may exempt any place of public assembly, public
lobby or public hallway from the prohibition of
smoking or designate areas within said place of
public assembly, public building or public hallway
as a "smoking area".
8.72.040 Prohibition against 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:
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(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.
(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 as rest rooms and offices, and areas
thereof not open to the public, which may be
otherwise regulated by this chapter. Those
areas of such establishments set aside for
the purpose of serving food and drink shall
be subject to the same provisions as set
forth herein for the regulation of smoking in
restaurants.
(6) All areas available to and customarily
used by the public in all businesses and non-
profit entities patronized by the public,
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including~ but not limited to, such areas in
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 smoking
areas in a building in which cigarette
smoking is otherwise prohibited.
(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
waiting room cigarette smoking may be
permitted.
(9) Enclosed athletic recreation area, 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
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two or more patients, smoking shall be
prohibited unless all 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.
8.72.050 Smoking in restaurants.
A. 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
set forth the fact that a nonsmoking section is available and
whether such seating is contiguous or non-contiguous to other
nonsmoking seating.
B. Any portion of a restaurant used as a bar is excluded
from the prohibitions of this section.
8.72.060
Regulation of smoking in places of
employment.
A. within 90 days of the effective date of this
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chapter, each employer shall adopt, implement, make
known and maintain a smoking policy stating where
smoking is permitted and where it is prohibited.
B. The smoking policy shall be communicated to all
existing employees and shall be provided to
new employees at the time of their initial
interview.
c. Every employer shall have the right to designate
any place of employment or portion thereof, as
a non-smoking area.
8.72.070 Where smoking is not regulated.
Notwithstanding any other provisions of this chapter to
the contrary, the following specific and limited areas shall not
be subject to the smoking restrictions of this chapter.
(1) Bars.
(2) Hotel and motel rooms rented to guests.
(3) Retail tobacco stores.
(4) Restaurants, hotel and motel conference
or meeting rooms and public and private
assembly rooms while these places are
being used for any private functions.
8.72.080 Posting of smoking and no smoking areas.
A. 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 on a sign of a minimum of six
inches (6") in width and eight inches (8") in
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height), citing this subsection shall be clearly,
and conspicuously posted in every building or other
place where smoking is controlled by this chapter 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 waiting area
stating that smoking is prohibited except within
designated smoking areas.
8.72.090 Violations.
A. It is unlawful for any person to smoke in a
place where smoking is prohibited.
B. 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.
C. 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).
8.72.100 Enforcement.
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,
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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.
8.72.110 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.
8.72.120 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.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on
the 18th day of
April
, 1988, by the
following vote, to wit:
AYES:
Conn!;: i 1 Mpmhprl=; F,!=;t-rr'liL:=j Rp i 11 Y Fl {)rp!'=:
MnllO R 1 PY r Mi nor Pnpp T,l1n 1 rim Mi 11 ,::>or
NAYS:
Nnnp
ABSENT:
Nnnp
~.a7/L?/~M
/' City Clerk
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1 Ordinance of the City of San
the San Bernardino Municipal
2 Places ...
3
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. ,.. ,.
Bernardino Amending Chapter 8.72 of
Code, Regulating Smoking in Public
The foregoing ordinance is hereby approved this
/9d day
4 of
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April
8 Approved as to form
and legal content:
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\V#~ 7
City! Attorney
(/
r)
IC/w/h+-....
, 1988.
f: /)
0~ /' '//ec-,/
"j-2~/L':'-//L--1-.(/ ,,7 /'/C;/ _/)'
Evlyn Wilc6x, Mayor of the ,~
City of San Bernardino
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