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CITO OF SAN BERNARDI~ - REQUE:5T FOR COUNCIL' AC~N
From:
Mayor Evlyn Wilcox
Subject: Cl ean Indoor Ai r Ordi nance
Dept: Mayor I s Offi ce
Date: 10-23-86
Synopsis of Previous Council action:
None
Recommended motion:
Refer Clean Indoor Air Ordinance to the Legislative Review Committee and City
Attorney for review, analysis and recommendation.
Contact person:
Richard Bennecke
Phone: 383-5204
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou ree:
Finance:
Council Notes:
75-0262
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Agenda Item NO~ I '
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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
Municipal Code, to read as follows:
of the
CHAPTER
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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 respirator function, including
asthmatics and those with obstructive airway diseasei
(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 side stream
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) Elevator~~ 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. .
Sec.
.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.
Smoki.. I is prohibited and is unlawful within all indoor eating
establLshments 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 ~ontain
at a minimum the following requirements:
(1) Prohibition of smoking i~ 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";
(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;
Cd) 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. ____I 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 may 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 thi~
Chapter.
(b)
area
this
It shall
in which
Chapter.
be unlawful for any person to smoke in any
smoking is prohibited by the provisions of
(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 Law~.
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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351 Norlh MI. VIew Avonue . Sill a.m.dlno. CA 92415.0010 . 17141387-8280
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/1/1 \\~ GEORGE R, PETTERSEN. M,D.. M,P.H.
//'1'1\ ' Diroctor of Public Hool'h
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COUNTY OF SAN 8ERNARDlNO
D~P&TMENT OF PUBLIC HEARH 0
DATE: October 29, 1986
TO:
Shauna Clark, City Clerk
City of San Bernardino ~~~
Burton W. Wilcke, Jr., Ph.D.~
San Bernardino County Clean Indoor Air Coalition
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FROM:
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SUBJECT: Information Concerning Model Smoking Ordinance
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Would you please distribute copies of the enclosed in-
formation concerning the Coalition's model smoking
ordinance to the Mayor, City Councilmembers, City
Administrator and City Attorney prior to the Council
Meeting of November 3, 1986.
Thank you.
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DEPARTMENT OF PUBLIC HEALiH
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~'lI \~.... GEORGE R, PETTERSEN. M,O.. M,P.H.
"'~IIIII\\t" Director of Public Heelth
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COUNTY OF SAN BERNARDINO
351 North Mt, VIew AVlllue . Son Bemerdlno. CA 92416-0010 . (7141387-8280
DATE: October 29, 1986
TO: MAYOR AND CITY COUNCIL,
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FROM: GEORGE R. PETTERSEN, M.D., M.P.H.
Director of Public Health
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SUBJECT: SAN BERNARDINO COUNTY CLEAN INDOOR AIR COALITION
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The San Bernardino County Clean Indoor Air Coalition
has put together a model smoking control ordinance
which ia being considered by your council. This
ordinance has been endorsed by the San Bernardino
County Medical Society, the Tri-County Dental Society
and the California Nurses Association.
I encourage you to consider this ordinance as a means
of helping to protect the public's health in our
community.
If you need further information or support from the
Coalition, please call Dr. Burton Wilcke (387-6238)
of my department.
Thank you.
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P:C:P.f~T J-H\MM0CK
F;t~h Di"trir!
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TO: Mayor and City Council, City of San Bernardino
FROM: San Bernardino County Clean Indoor Air Coalition
SUBJECT: Proposed Smoking Ordinance
DATE: October 29, 1986
The San Bernardino County Clean Indoor Air Coalition is a group of health
organizations which is proposing a smoking ordinance to be presented to the
County of San Bernardino and to each city in the county. The members of the
coalition are:
American Cancer Society, Inland Empire Unit
American Heart Association,
San Bernardino County Chapter
American Lung Association of San Bernardino, Inyo
and Mono Counties
Americans for Nonsmokers' Rights
San Bernardino County Department of Public Health
The purpose of the proposed ordinance is to protect nonsmokers from the
discomfort and health hazards of breathing the toxic substances in
"second-hand" smoke from others' cigarettes and smoking materials.
Over 600 medical and scientific studies have been done regarding the
effects of second-hand smoke. This evidence has been reviewed by the
office of the United States Surgeon General (see Attachment 1), the
National Academy of Sciences, and the World Health organization, all of
which have concluded that involuntary exposure to tobacco smoke
represents a significant public health problem. Reports of the health
hazards associated with breathing second-hand are being reported with
increasing frequency. (Attachment 2).
The proposed ordinance would prohibit smoking in most indoor public places,
such as retail stores, public transit, libraries, and most places in
hospitals. Most restaurants would have to provide a nonsmoking section.
Most employers would be required to have a policy restricting smoking A
detailed summary of the proposed ordinance is attached (Attachment 3).
Smoking ordinances are in effect in over 89 cities and counties in
California (Attachment 4), and in many other states as well. By all
reports, these ordinances are working well, are popular, and require no
attention by police or the courts and little effort by other staff. To
assist in verifying this, we have attached a list of officials
responsible for enforcing smoking ordinances in other California
communities (Attachment 5). To our knowledge, no ordinance once in
effect has been repealed or weakened, and several have been
strengthened.
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In addition to protecting nonsmokers throughout our large and diverse
county, enactment of the proposed ordinance by the County and all its cities
would provide a uniform set of smoking rules for all communities in the
county. Thie has been the case in San Diego County, and also in Contra
Costa County, where a coalition like, ours was formed last year, and is in
the process of happening in Alameda County.
We recommend that the Council enact the proposed ordinance.
ATTACHMENTS:
1. Surgeon General's Letter
2. News clipping
3. Summary of Ordinance
4. Matrix of Ordinances (September 5, 1986)
5. List of Enforcement Officials
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Attachment 1
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February 7, 1986
Stanton A. Glantz, Ph.D.
President 1 Americans for Nonsmokers' Rights
2054 University Avenue, Suite 500
Berkeley, CA 94704
Dear Stan:
You asked me to summarize for your members what we know about the dangers of
involuntary 1 or passive, smoking to nonsmokers.
There is all the medical evidence necessary to support reasonable and sensible
protection for the nonsmoker against the irritation and potential harm that
comes from other people's smoke.
The harmful constituents of mainstream cigarette smoke are found in sidestream
smoke, sometimes to a greater extent than in mainsteram smoke.
Pollution from tobacco smoke in homes, offices, other worksites and in certain
public places can reach levels which exceed contaminant levels permitted under
environmental and occupational health regulations.
Nonsmokers absorb the constituents of tobacco smoke into their bodies, even
though in smaller amounts than is true of those who smoke.
Passive smoking can make the symptoms of asthma and chronic bronchitis worse,
and make life miserable for people with allergic conditions.
Maternal smoking has a harmful effect on pregnancy, including an increased
risk of miscarriage, prematurity, stillbirth, death soon after birth, low
birth weight and fetal death.
There is increasing evidence to suggest that environmental tobacco smoke can
bring about disease, including lung cancer, in healthy adults, children and
infants.
It is on the basis of these facts that I advise nonsmokers to avoid exposure
to cigarette smoke wherever possible, and that, in particular, they should
protect infants and children from this smoke.
Americans for Nonsmokers' Rights is doing outstanding work in not only
bringing these dangers to the pUblic's attention, but also in helping to pass
legislation and creating educational programs that will help us reach the goal
of a Smoke Free Society by the Year 2000.
I encourage responsible individuals everywhere to support your good work.
Sinc~
C. Everett Koop, M.D.
Surgeon General
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Attachment 2
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12 TIlF.nOSTO~Gl.nm: T1IlJUSf)^Y.OLiOItEH2 l!.l~i
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NE\V HEPOHTS ON SMOKJNG DANGERS
NOnS111oking -wives of smokers face
elevated heart auack risk; study says-
By Judy Foreman
Globe Slaff
Nonsmoking wives of smoking men have three
times the risk of heart attack as nonsmoking wives
of nonsmokers. California researchers announced
yesterday,
The studv. whleh reviewed health hlslorles of
more than 7:000 nonsmoking women aged 30 10 59.
IS In line with three other recent studies document-
Ing the Increased risk of cardiovascular disease
among "passive smokers:' a government specialist
on Indoor air pollution said,
It Is also In line with more lhan 10 recent sludles
showing Increased risk of lung cancer among passJvc
smokers, said a Public Heallh Service spokesman,
The findings were announced at a meeting of the
American Public Health Association by Dr, Michael
J. Martin, clinical epldemlologlsl at San Francisco
General Hospital.
"Just because a person doom't smoke doesn't
mC'an they can't have a heart aUack (rom other pc.."O-
pic's smoke," said Martin.
Though mosl of the research so far has ccnlered
on the rlsk'of lung cancer lhrough passive smoking.
Martin said the number of heart attacks linked to
pass\\"c smoking Is probably even greater.
In a telephone Interview. Martin said that of the
morc than 7.000 nonsmoking women studied. about
1.000 wefe married to smokers. 1.000 were married
to smokers who had quit at least one year before the
stud v and the rest to mcn who had never smoked.
T~hC' r~8rcher9 used slallsllc31 mcthod~ to lake
each wuman's Illl"dlcal status. Including hYlX"rlcn-
slol1. dlr.tx:tcs. family history. weight and alcohol In-
take. Into accounL
The analysis showed lhallhc risk of heart attack
was three times higher for women married to smok
ers and twice as high (or women married to Connr:r
smokers.
James Repace, chief of technical supporl for lhe
Indoor air pollution program allhe Envlronmenlal
Prolectlon Agency. called Martln's results Impresslv.
and devaslatlng,
A 1983 sludy In Japan and anolhcr In Scotlal1<I,
as well as a 1985 study by San Diego researchers, a II
on nonsmoking wives of smoking men. documented
results similar 10 Martin's. said Repace.
"Ilhlnk this sludy Is of lremcndous significance.
It's ominous:' Repace said.
The Ideal solution. he said, IS for smokers 10 quit.
But given lhal.mokers are u.,ually addlcled 10 tobac.
co. he said. spouses of smokers should at least Insist
lhal the smoker smoke In a closed room wlth'lhe
window open and close lhe door again after smoking
so the smoke docs not dlsslp;:uc Into the rest of the
house.
"ThiS Is quite effective:' he said,
Don Shopland, acting dlr<<:lor of lhe ornce for
Smoking al the Public Health Service, said that with,
oul seeing Martln's study he was skepllcal aboullhe
magnitude of the Increased risk for passive smokers.
[Jut he added, ..It does fit with the generallllera.
lurt showing effects on wives of smokers:'
And all but two or lhr.., of 13 studies looking at
the effects of passive snlOklng on lung canr.cr rates
arc In the same direction as Martin's findings. he
added, Overall. he said, being married to a smoker
probably doublc,,,mc's risk of lung cancer,
Of the 350.000 deaths everv \'car In the Unitt.,)
Stalt's dlr(Clly altrlbulablc to .snloklng. about hair
. <lre due to d;:una~e to the cardiovascular :'Il}'stem
(heart dl~ase and strokes) and half to lung cancer
and other lung diseases. Shapland said.
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Otachm~nt 1
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SUMMARY OF PROPOSED SMOKING ORDINANCE
The ordinance would regulate smoking in places of employment,
restaurants, and most other indoor public places.
The initial section of the draft ordinance explains the health risk
to nonsmokers who breathe other people's tobacco smoke, as
determined by numerous scientific studies, and notes that the U.S.
Surgeon General has advised nonsmokers to avoid exposure to tobacco
smoke.
Smoking would be prohibited in businesses and other enclosed indoor
areas "available to and customarily used by the public", including
retail stores, hotels and motels, pharmacies, child care facilities,
banks and offices. This provision would not affect non-public areas
of such places.
Smoking would be prohibited in elevators, public restrooms, indoor
service lines, public transit (except for designated smoking waiting
areas), museums, galleries and libraries, theaters, retail food
stores, public meetings, public schools (to the extent controlled by
the City), and polling places.
In health facilities, smoking would be prohibited in public areas,
and in patient rooms unless the patient requests upon admission to
be placed in a smoking room.
Restaurants seating 40 or more persons would be required to
designate a no smoking area of at least 50% of capacity, excluding
bars and outdoor areas, and to ask patrons for their preference.
All employers of 3 or more persons would be required to adopt,
within 90 days, a smoking policy. The ordinance contains minimum
requirements for the policy, including prohibition of smoking in
meeting rooms, restrooms, medical facilities, hallways, elevators,
and at least 40% of cafeterias and employee lounges. Employees
could designate their immediate work area as nonsmoking. In the
event of a dispute under the policy, the health concers of the
nonsmoker would have precedence. An employer could not fire or
retaliate against an employee for exercising rights under the
ordinance.
The ordinance would not affect private residences (except child care
facilities), bars, guest rooms of hotels and motels, hotel meeting
roolns used for private functions, and private places occupied
exclusively by smokers.
Signs indicating Smoking and No Smoking areas would be required to
be pos ted.
A violation of the ordinance would be an infraction, punishable by a
fine. V:01ations could also be abated as a public nuisance.
(9/11/86)
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Otnchment 4
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CALIFORNIA CITY AND COUNTY SMOKING ORDINANCES
Americans for Nonsmokers' Rights
2054 University Avenue, Suite 500
Berkeley, CA 94704
(415) 841-3032
September 5, 1986
SUNMARY
This set of charts summarizes the provlslons of the significant city and
county smoking ordinances in California.
State law regulates smoking in supermarkets, health facilities, and public
meetings (50% nonsmoking) and certain parts of publicly owned buildings. Most
localities regulate smoking in theaters. Many communities have enacted far
stronger smoking laws.
To be included in this compilation, an ordinance must affect either private
workplaces, restaurants, or a substantial number of significant public places.
Among California cities and counties, at least
89 cities and counties have a significant nonsmoker protection law.
82 regulate smoking in private workplaces.
82 require nonsmoking sections in restaurants.
69 restrict smoking in retail stores.
46% of the population of California (11,790,440 people) lives in a
place where a smoking policy is required of private employers.
We say "at least" because ordinances are now being enacted at the rate of
several a month.
In addition to the jurisdictions counted above, 6 counties have laws
protecting only county government employees. They are:
Fresno County
Lake County
Los Angeles County
Monterrey County
Orange County (also has public places law)
Yolo County (by resolution)
THE CHARTS
Five charts are provided. They are:
I Cities and Counties with Ordinances
II Summary of Major Provisions
III Workplace Provisions
IV Other Public Places
V Enforcement; Exceptions; Other Places
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^ QUICK REFERENCE
Chart I is the "quick reference" for Californlil ~moking ordinances. It lists
all counties and cities with significant smoking laws. It shows population,
county, and whether the law regulates smoking for resteurants, private
employers and retail stores.
The year (and month, when known) of enactment of the law is also shown. When
two years are shown (for example, "1980. .86"), the first date is the year a
si,gnificant ordinance was first enacted, and the second is the year of the
most recent amendment. (To date, all amendments enacted after a smoking law
took effect have strengthened or extended the law.)
MORE DETAILS
Charts II through V contain details of each smoking law.
In order to condense a great deal of information into a small space,
abbreviations and footnotes have been used extensively. The indication "Yes"
in a column means that smoking is prohibited or restricted in the
corresponding place, or that the law contains the corresponding provision. A
blank means that smoking is not regulated in that place.
Abbreviations specific to certain columns are explained below. Footnotes
appear at the end of this text.
CHART II - SUMMARY OF MAJOR PROVISIONS
For each city and county with a smoking ordinance, this chart shows whether
the law restricts smoking in private workplaces, in retail stores, and in
restaurants. This chart is similar to Chart I, but more information is given
on the specific restrictions in each place.
WORKPLACES REGULATED: "All" indicates that all private workplaces are
required to have a smoking policy. "All 4+" (for example) means that all
private employers with 4 or more employees are covered. "Ofc." or "Ofc.\\'kpl"
means that the ordinance covers only office workplaces.
RETAIL STORES: "Dept." means only department stores are affected. "AllBus"
means retail stores and all other business establishments are affected.
RESTAUR~~TS: Most entries in this column show the minimum percentage of seats
required in tpe nonsmoking section, and the minimum size of restaurants which
are required to have a nonsmoking section. For example, "25% 40+" means
restaurants with 40 or more seats are required to have at least 25% of those
seats in a (usually contiguous) nonsmoking section. "No%" indicates no
minimum percentage; often there is a requirement for sufficient nonsmoking
seats to accommodate nonsmokers. If no restaurant size is shown, all
restaurants must have a nonsmoking section.
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CHART III - SUMMARY OF WORKPLACE PROVISIONS.
This chart lists only those cities and counties with ordinances requiring all
or most employers to hove a smoking policy in the workplace. A "Yes" in most
columns indicates that smoking is prohibited in the indicated area. Other
abbreviations:
WORKPLACES REGULATED: See Chart II above.
Cafeteria:
cafeterias,
nonsmoking.
An entry in this column indicates the mlnlmum percentage of
lunchrooms and (usually) employee lounges required to be
Medical Facil.: "Yes" indicates smoking prohibited in medical facilities and
nurses aid stations.
~ Rooms: "Yes" indicates smoking prohibited in (usually all of) meeting
rooms, conference rooms and auditoriums. Some ordinances allow for smoking by
unanimous consent of those present.
Desi~. OwnArea: "Yes" indicates that an emplo)"ee can designate his/her
immediate work area as a nonsmoking area.
Nonsmkr Prefnce: "Yes" indicates that when a dispute arises under the
workplace smoking policy, priority must be given to the nonsmokers. Some
ordinances require that nonsmokers must be satisfied, even if this requires
banning smoking in a work area.
Nonretal'n: "Yes" indicates that it is unlawful to dismiss or discriminate
against an employee for requesting his/her rights under the smoking law.
CHART IV - OTHER PUBLIC PLACES AFFECTED
A "Yes" indicates that smoking is prohibited in the indicated places
(abbreviated in column headings): Theaters (sometimes excepting the lobby);
Museums, libraries and galleries; Public (i.e., government) meetings;
Elevators; Food markets and supermarkets; (indoor) Service lines; Rest rooms
(sometimes "public" only); Pharmacies; Buses and other public transit vehicles
and facilities.
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CIIART V - ENFORCEMENT; EXCEIYfIONS; OTIIER AREAS AFFECrEIl
ENFORCEMENT: This column indic"tes any special cnforccmcnt mcchanisms. ^
violation is usually an infraction; this is true cven if "Infraction" is not
specifically shown, unless "misdemeanor" or "none" (not a violation of law)
appears. "Misdemeanor" mcans any violation is a misdemeanor.
Many laws "Iso provide that a violation is " public nuisance and allow the
city to abate it by the appropriate procedure. "Pub.Nuis." means individuals
also have this right.
If a particular office or person is given enforcement responsibility, that is
shown here. "City I'lanager/complaint" means any person may initiate a
complaint with the city manager.
"Bus.Lic." means compliance is a condition of having a business license.
Self-certification of compliance may be required: "Bus.Lic.Ren." means it is
required on license renewal; "Inspect" means required during otherwise
mandated inspection by fire or health department.
EXCEPTIONS: "Appl." indicates that an affected business or facility may apply
for a public hearing and, upon paying the applicable hearing fees and making
certain showings which vary frolD place to place, may be granted an exception.
"Sign" indicates that a place may be exempted by posting a "smoking permitted"
sign,
OTHER AFFECTED AREAS: Lists other places where smoking is prohibited.
FOOTNOTES TO CHARTS I - V
+ Revised information or new ordinance since April 1986.
* Indicates city or county for which we do not have c08plete or most recent
information.
[1] Smoking prohibited in all public places and places of employment except
in designated smoking areas. Ordinances using this language almost
always contain a list of specific public places in which a smoking area
may not be designated, and further restrictions affecting places of
employment.
[2] County population includes unincorporated areas only.
[3] Year and month of most recent addition or change.
[4] Exceptions: App1. = by application; Sign = by posting a sign.
[5] Preference of a majority of the nonsmokers shall prevail.
[6] Workplace-minimums are suggested, not required.
(7] If nonsmokers can not be otherwise accommodated. smoking will be
prohibited entirely.
[8] Retail stores over 1,000 square feet.
[9] Violation of the retailiation provision is a misdemeanor; all other
violations are infractions.
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[10] ~o section~ required but policy muat he posted.
[11] Exception can be allowed [or certain places certified as meeting n
specific minimum air circulation stantard.
[12] Smoke free work area must be provided to any employee requesting one in
writing.
[13] Smoking is prohi.bited in all retail stores, including pharmacies.
[14] Smoking prohibited in inner hallways only.
[15] Private offices may be designated nonsmoking by the occupant.
[16] In employee cafeterias, lunchrooms and lounges, the percentage shown
shall be nonsmoking, and smoking is prohibited entirely in small areas
(Palo Alto: under 650 square feet; Irvine: under 40 seats).
[17] No smoking in at least 60% of each restaurant with 50 or more seats.
Smaller restaurants: no section required but policy must be posted. 50%
of all outdoor eating areas shall be nonsmoking.
[18] Smoking prohibited in work areas except for smoking areas, which may be
so designated only if all persons working in the area so request in
writing.
[19] Prohibits not only discharge or retaliation, but also discrimination in
hiring.
[20] 50% of conference rooms, meeting rooms or classrooms over 1500 square
feet; prohibited upon request if under 1500 square feet.
[21] 50% of theater lobbies must be nonsmoking. (Most ordinances do not apply
to theater lobbies.)
[22] Ordinance does not specifically apply to this area, but does prohibit
smoking in all enclosed areas available to and customarily used by the
general public.
[23] Requires 25% nonsmoking in restaurants seating 50 or more, but exempts
restaurants in existence since January I, 1977.
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CIIART I: CALIFORNIA CITIES AND COUNTIES WITII SMOKING ORDINANCES
CmL'lUN IT\' COUNTY POPULATION YEAR/MONTII PRIVATE RESTAURANTS RETAIL
ENACTED WORKPLACES STORES
Nr. places regulating: 89 82 82 69
+ Albany Alameda 15,100 1986/03 Yes Yes Yes
Anaheim Orange 234,700 1986/03 Yes Yes
Antioch Contra Costa 47,250 1985/11 Yes Yes Yes
Berkeley Alameda 106,500 1980. .86 Yes Yes Yes
Brea Orange 32,050 1985. .86 Yes Yes
Brentwood Contra Costa 5,200 1985/11 Yes Yes Yes
Carlsbad San Diego 44,550 1983/06 Yes Yes Yes
Carpinteria Santa Barbara 11,400 1985/03 Yes
Cathedral City Riverside 16,050 1982/12
Chula Vista San Diego 90,300 1984 Yes Yes Yes
Clayton Contra Costa 4,640 1985/11 Yes Yes Yes
Concord Contra Costa 105,200 1985/11 Yes Yes Yes
Coronado San Diego 19,750 1984/08 Yes Yes Yes
Cupertino Santa Clara 37,950 1985/02 Yes Yes Yes
Danville Contra Costa 27,600 1985/11 Yes Yes Yes
Del Har San Diego 5,125 1983/06 Yes Yes Yes
+ Desert Hot Springs Riverside 7,750 1986/03 Yes Yes Yes
El Cajon San Diego 80,100 1985 Yes Yes Yes
El Cerrito Contra Costa 23,200 1985/11 Yes Yes Yes
Escondido San Diego 75,800 1983/12 Yes Yes Yes
*+ Fremont Alameda 145,500 1986/08 Yes Yes Yes
Grand Terrace San Bernardino 9,875 1985/11 Yes Yes Yes
Hemet Riverside 28,050 1985/05 Yes Yes Yes
Hercules Contra Costa 8,625 1985/10 Yes Yes Yes
Huntington Beach Orange 179,900 1986/02 Yes Yes
Imperial Beach San Diego 24,550 1985/10 Yes Yes Yes
Indio Riverside 28, 200 1985/11 Yes Yes Yes
Irvine Orange 80,100 1985. .86 Yes Yes
La Hesa San Diego 52,200 1984/02 Yes Yes Yes
Lafayette Contra Costa 22,500 1985/10 Yes Yes Yes
Laguna Beach Orange 18,450 1985 Yes Yes
Livermore Alameda 52,100 1985/06 Yes Yes Yes
Long Beach Los Angeles 381,800 1985/07 Yes Yes
Los Altos Santa Clara 27,450 1979 Yes Yes Yes
Los Angeles Los Angeles 3,144,800 1984/11 Yes
Los Gatos Santa Clara 27,750 1980/06 Yes Yes Yes
Martinez Contra Costa 25,300 1985/11 Yes Yes Yes
Menlo Park San Mateo 27,850 1986/02 Yes
Hill Valle)' Marin 12,800 1982 Yes
Hilpitas Santa Clara 41,850 1985/08 Yes Yes Yes
Horaga Contra Costa 14,900 1986/01 Yes Yes Yes
Mountain Vie.' Santa Clara 61,600 1984/06 Yes Yes Yes
National City - San Diego 51,200 1984/05 Yes Yes Yes
Ne"port Beach Orange 66,100 1985/06 Yes Yes
+ Oakland Alameda 351,100 1986/07 Yes Yes
Oceanside San Diego 91,800 1983 Yes Yes Yes
Orinda Contra Costa 15,000 1985/12 Yes Yes Yes
+ Palm Desert Riverside 15,200 1986/05 Yes Yes Yes
+ Palm Springs Riverside 38,950 1986/02 Yes Yes Yes
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CIIART I: CAI.IFORNIA CITIES AND COUNTIES WITII SMOKI~G ORDINANC~S
COHo'lllN ITY COUNTY POPULATION YEAR/MONTlI PRIVATE RESTAURANTS RETAIL
ESAcrED WORKPLACES STORES
Palo Alto Santa Clara 56,200 1983. .85 Yes Yes
Pasadena Los Angeles 126,600 1984 Yes Yes
Pinole Contra Costa 14,700 1985/11 Yes Yes Yes
Pittsburg Contra Costa 38,850 1985/11 Yes Yes Yes
+ Pleasanton Alameda 40,750 1986/07 Yes Yes Yes
Pleasant Hill Contra Costa 27,400 1986/01 Yes Yes Yes
Poway San Diego 35,950 1983/03 Yes Yes Yes
Rancho Mirage Riverside 7,575 1986/02 Yes Yes Yes
Richmond Contra Costa 76,900 1985/09 Yes Yes Yes
Riverside Riverside 183,400 1985/05 Yes Yes Yes
Sacramento Sacramento 309,400 1985 Yes Yes Yes
San Anselmo Marin 11,950 1985?
San Diego San Diego 971 ,600 1982/12 Yes Yes Yes
San Francisco San Francisco 719,200 1983/11 Yes
San Jose Santa Clara 696,000 1984 Yes Yes Yes
San Luis Obispo S.Luis Obispo 37,150 1985/12 Yes Yes
San Marcos San Diego 19,800 1983/03 Yes Yes Yes
San Pablo Contra Costa 21,200 1985/10 Yes Yes Yes
+ San Rafael Marin 44,150 1979/08 Yes
San Ramon Contra Costa 23,450 1985/11 Yes Yes Yes
Santa Barbara Santa Barbara 78,000 1984 Yes Yes
Santa Clara Santa Clara 89,000 1985/07 Yes Yes Yes
Santa Monica Los Angeles 93,100 1985/04 Yes
Santee San Diego 49,500 1983/02 Yes Yes Yes
+* Sunnyvale Santa Clara 111,700 1986. .86 Yes Yes Yes
Tustin Orange 40,800 1985/12 Yes Yes Yes
Ukiah Mendocino 13,050 1981/07 Yes Yes Yes
Vista San Diego 43,450 1983/04 Yes Yes Yes
\~alnu t Creek Contra Costa 58,100 1985/11 Yes Yes Yes
West Hollywood Los Angeles 37,000 1986/03 Yes Yes Yes
Yorba Linda Orange 36, 100 1985/09 Yes Yes Yes
+ County of Alameda [2] 114,700 1986 Yes Yes Yes
County of Contra Costa [2] 139,800 1985/09 Yes Yes Yes
County of Marin [2] 62,500 1981/07 Yes Yes
County of Orange [2] 294,900 1985/06 Yes Yes
County of Riverside [2] 323,500 1985 Yes Yes Yes
County of Sacramento [2] 543,500 1985/02 Yes Yes Yes
County of San Diego [2] 406, 100 1982/12 Yes Yes Yes
County of Santa Clara [2] 106,600 1985/06 Yes Yes Yes
County of Santa Cruz [2] 121,300 1985 Yes Yes Yes
Population covered in workplaces 11,790,440
Percentage of state population: 46 %
(9/5/86)
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CIIART II: HAJOR PROVIS IONS OF CALI FORN I A LOCAL SMOKl~G ORDISASCES
CO~1.'lUS IT)' POPULATION YEAR/HONTII WORKPLACES RETAIL RESTAURANTS
ENACTED REGULATED STORES
Nr. places regulating: 83 69 82
+ Albany 15,100 1986/03 All AllBus. 40% 50+
Anaheim 234,700 1986/03 All 4+ No% 50+
Antioch 47,250 1985/11 All 4+ AllBus. 40% 50t
Berkeley 106,500 1980..86 All AllBus. 50% All
Brea 32,050 1985. .86 All 25% 50+
Brentwood 5,200 1985/11 All 4+ AllBus. 40% 50t
Carlsbad 44,550 1983/06 All [1] Yes No% 20+
Carpinteria 11 ,400 1985/03 All
Cathedral City 16,050 1982/12
Chula Vista 90,300 1984 All [1] Yes No% 20t
Clayton 4,640 1985/11 All 4+ AllBus. 40% sOt
Concord 105, 200 1985/11 All 4+ AllBus. 40% sOt
Coronado 19,750 1984/08 All [1] Yes No% 20t
Cupertino 37,950 1985/02 Ofc. Wkpl. Yes 30% 50+
Danville 27,600 1985/11 All 4+ AllBus. 40% 50+
Del Mar 5,125 1983/06 All [1] Yes No% 20t
+ Desert Hot Springs 7,750 1986/03 All [6] Dept. 25% 50t
EI Cajon 80,100 1985 All 5+ Yes No% 20t
EI Cerrito 23,200 1985/11 All 4+ AllBus. 40% sOt
Escondido 75,800 1983/12 All [1] [8] No% 20t
*+ Fremont 145,500 1986/08 All 4+ AllBus. 40%
Grand Terrace 9,875 1985/11 All [6] Dept. 25% 50t
Hemet 28,050 1985/05 All [1] [1 ] No% sOt
Hercules 8,625 1985/10 All 4+ AllBus. 40% 50t
Huntington Beach 179,900 1986/02 All 4+ 25% 50t
Impe:ia1 Beach 24,550 1985/10 All [1] Yes No% 20+
Indio 28,200 1985/11 All [6] Dept. 50% 50+
Irvine 80,100 1985..86 Ofc.Wkpl. 1/4 40+
La Mesa 52,200 1984/02 All [1] Yes No% 40t
Lafayette 22,500 1985/10 All 4+ AllBus. 40% 50t
Laguna Beach 18,450 1985 Ofc.Wkpl. 25% 40t
Livermore 52,100 1985/06 All AllBus. 50%
Long Beach 381,800 1985/07 All 5+ 25% 50+
Los Altos 27,450 1979 All Yes 25% 50t
Los Angeles 3,144,800 1984/11 All 5+
Los Gatos 27,750 1980/06 All Yes 50% 25+
Martinez 25,300 1985/11 All 4+ AllBus. 40% 50+
Menlo Park 27,850 1986/02 60% 50t
Mill Valley 12,800 1982 No% 20t
Milpitas 41,850 1985/08 All AllBus. 50%
Moraga 14,900 1986/01 All 4+ AllBus. 40% 50+
Mountain View 61,600 1984/06 All AllBus, 50%
National City 51,200 1984/05 All [1] Yes No% 40t
Newport Beach 66,100 1985/06 Ofc. > 4 25% 50+
+ Oakland 351,100 1986/07 All AllBus.
Oceanside 91,800 1983 All [1] Yes No% 20t
Orinda 15,000 1985/12 All 4+ AllBus. 40% 50+
+ Palm Desert 15,200 1986/05 All [1] Yes 25% [23]
+ Palm Springs 38,950 1986/02 All [6] Dept. 25% 50+
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CHART II: HAJOR PROVISIONS or CALIFORNIA LOCAL SMOKING ORDINANCES
CO~~ IT\' POPULATION YEAR/HONTII WORKPLACES RETAIL RESTAURANTS
EN ACTIo:D REGULATED STORES
Palo Al to 56, 200 1983. .85 OCc.Wkpl. 60% [17]
Pasadena 126,600 1984 Ofc.Wkpl. 25% 50+
Pinole 14,700 1985/11 All 4+ AllBus. 40% 50+
Pittsburg 38,850 1985/11 All 4+ AllBus. 40% 50+
+ Pleasanton 40,750 1986/07 All 4+ AllBus. 40% 50+
Pleasant Hill 27,400 1986/01 All 4+ AllBus. 40% 50+
PO"olay 35,950 1983/03 All [1] Yes No% 20+
Rancho Mirage 7,575 1986/02 All [1] Yes No% 20+
Richmond 76,900 1985/09 All 4+ AllBus. 40% 50+
Riverside 183,400 1985/05 All [6] Dept. 25% 50+
Sacramento 309,400 1985 All [1] Yes 10% 50+
San Anselmo 11,950 1985?
San Diego 971,600 1982/12 All [1) Yes No% 20+
San Francisco 719,200 1983/11 Ofc.Wkpl.
San Jose 696,000 1984 All Yes 30% 100+
San Luis Obispo 37,150 1985/12 All 5+ No% 50+
San Marcos 19,800 1983/03 All [1] Yes No% 20+
San Pablo 21,200 1985/10 All 4+ AllBus. 40% 50+
+ San Rafael 44,150 1979/08 20% 20+
San Ramon 23,450 1985/11 All 4+ AllBus. 40% 50+
Santa Barbara 78,000 1984 All 25% 20+
Santa Clara 89,000 1985/07 All Yes 30% 50+
Santa Monica 93,100 1985/04 All 6+
Santee 49,500 1983/02 All [1) Yes No% 20+
+* Sunnyvale 111,700 1986. .86 All 4+ AllBus. 60% [17)
Tustin 40,800 1985/12 All [1) Yes No% 20+
Ukiah 13,050 1981/07 All Yes 50%
Vista 43,450 1983/04 All [1) Yes No% 20+
'.;alnut Creek 58, 100 1985/11 All 4+ AllBus. 40% 50+
West Hollywood 37,000 1986/03 All Yes 40% 35
Yorba Linda 36,100 1985/09 All 11+ Yes 1/3 40+
+ County of Alameda 114,700 1986 All 4+ AllBus. 40% 50+
County of Contra Costa 139,800 1985/09 All 4+ AllBus. 40% 50+
County of Harin 62,500 .1981/07 [8] No% 20+
County of Orange 294,900 1985/06 Co.Gov[l] Yes 20% 50+
County of Riverside 323,500 1985 All [6] Dept. 25% 50+
County of Sacramento 543,500 1985/02 All [1) Yes 10% 50+
County of San Diego 406,100 1982/12 All [1] Yes No% 20+
County of Santa Clara 106,600 1985/06 All AllBus. 1/3
County of Santa Cruz 121,300 1985 All Yes No %
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CIIART I[ I: SUMMARY OF WORKPLACE PROVISIONS
COI-L'1U N ITY WORKPLACES Cnfe- Rest Eteva-Med ten t ~lt!: . lIall- lJesig. Non9mkr Nonre-
RI::GULATElJ terta Ilooms tors Faci 1. Rooms Ways OwnArenPrefnce tat 'n
Nr. places regulating: 83 58 70 73 55 70 53 54 57 34
t Albany All 50% Yes Yes Yes Yes Yes Yes Yes Yes
Anaheim All 4+ 50% Yes Yes Yes Yes Yes Yes Yes
Antioch All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Berkeley All 50% Yes Yes Yes Yes Yes Yes Yes Yes
Brea All 25% [20]
Brentwood All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Car1sbad All [1] Yes Yes Yes
Carpinteria All [5]
Chula Vista All [1] Yes Yes Yes
Clayton All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Concord All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Coronado All [1] Yes Yes Yes
Cupertino Ofc.Wkpl. 2/3 Yes Yes Yes Yes Yes Yes Yes
Danville All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Del Mar All [1] Yes Yes Yes
~ Desert Hot Springs All [6] 50% Yes Yes Yes Yes Yes Yes Yes
EI Cajon All 5+ 2/3 Yes Yes Yes
EI Cerrito All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Escondido All [1] Yes Yes Yes
I- Fremont All 4+ 40% Yes Yes Yes Yes Yes Yes Yes
Grand Terrace All [6] 50% Yes Yes Yes Yes Yes Yes Yes
Hemet All [1]
Hercules All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Huntington Beach All 4+ Yes Yes
Imperial Beach All [1] Yes Yes Yes
Indio All [6] 50% Yes Yes Yes Yes Yes Yes Yes
Irvine Ofc.Wkp1.1/2[16] Yes Yes Yes Yes Yes Yes Yes
La Mesa All [1] Yes Yes Yes
Lafayette All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Laguna Beach Ofc .I-Ikpl. 1/2 Yes Yes Yes Yes Yes Yes Yes
Livermore All 50% Yes Yes Yes Yes Yes Yes Yes Yes
Long Beach All 5+ 1/2 Yes Yes Yes Yes Yes Yes Yes
Los Altos All
Los Angeles All 5+ 2/3 Yes Yes Yes Yes
Los Gatos All
Martinez All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Milpitas All 75% Yes Yes Yes Yes Yes Yes Yes
Moraga All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Mountain View All 1/2 Yes Yes Yes Yes Yes Yes Yes
National City All [1] Yes Yes Yes
Newport Beach Ofc. > 4 Yes
. Oakland All 50% Yes Yes Yes Yes Yes Yes Yes Yes
Oceanside -All [1) Yes Yes Yes
Orinda All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Palm Desert All [1) [1 ] [1 ] [1 ) [1 ] [1 ) [1 ] Yes Yes
Palm Springs All (6) 50% Yes Yes Yes Yes Yes Yes
Palo Alto Ofc. Wkpl. 2/3[ 16] Yes Yes Yes Yes Yes Yes Yes
Pasadena Ofc. Wkpl. 50% Yes Yes Yes Yes Yes Yes Yes
Pinole All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
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CIIART III: SUMMARY 01' WORKPLACE PROVISIONS
COM.'llINITY WORKPLACES Cafe- Rest Eteva-Hed1.cnl Mtg. lIatt- Destg. Nonsmkr Nonre-
REGULATED teria Rooms tors Faci 1. Rooms Ways OwnAreaPrefnce tul'n
Pit tsburg All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
t Pleasanton All 4+ 40% Yes Yes Yes Yes Yes Yes Yes
Pleasant Hill All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Poway All [1 ] Yes Yes Yes
Rancho Mirage All [1 ] Yes
Richmond All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Ri verside All [6] 50% Yes Yes Yes Yes Yes Yes Yes
Sacramento All [ 1] 1/2 Yes Yes Yes Yes Yes Yes
San Diego All [1] Yes Yes Yes
San Francisco Ofc.Wkpl. [7] [7] [7] [7] [7] [7] [7] Yes[7]
San Jose All 2/3 Yes Yes Yes Yes Yes Yes Yes
San Luis Obispo All 5+ [7] [7] [7] [7] [7] [7] [7] Yes[7]
San Marcos All [1] Yes Yes Yes
San Pablo All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
San Ramon All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Santa Barbara All [7] [7] [7] [7] [7] [7] [7] Yes[7]
Santa Clara All 2/3 Yes Yes Yes Yes Yes Yes
Santa Monica All 6+ 2/3 Yes Yes Yes Yes
Santee All [1] Yes Yes Yes
= Sunnyvale All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
Tustin All [1]
Ukiah All [12] [12]
Vista All [1] Yes Yes Yes
Walnut Creek All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
West Hollywood All 50% [18] [18] [18] [18] [18] [18] Yes [19]
Yorba Linda All 11+ 50% Yes Yes Yes Yes Yes Yes Yes
County of Alameda All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
County of Contra Costa All 4+ 40% Yes Yes Yes Yes Yes Yes Yes Yes
County of Orange Co.Gov[l]
County of Riverside All [6] 50% Yes Yes Yes Yes Yes Yes Yes
County of Sacramento All [1] 1/2 Yes Yes Yes Yes Yes Yes
County of San Diego All [1] Yes Yes Yes
County of Santa Clara All 2/3 Yes Yes Yes Yes Yes Yes Yes Yes
County of Santa Cruz All 50% Yes Yes Yes Yes Yes Yes Yes Yes
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CIIART I V - arnEl1 PUIlLIC PLACES A FFI~crEU
COM.'IUN ITY Thea- Muscu,"s IIcalth Puh I ic Eleva- Food Scrvice Rest Pharma- Bus/
tcrs & Libr.Fac'lty Mtgs. tors Mkts. Lincs Rooms cies PubTran
Nr. places regulating: 88 67 88 81 86 65 73 72 57 64
+ Albany Yes[21]Yes[21] Ycs Yes Yes Yes Yes Yes Yes Yes
Anaheim Yes Yes Yes Yes Yes Yes Yes
An tioch Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Berkeley Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Brea Yes Yes Yes Yes Yes Yes
Brentwood Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Carlsbad Yes Yes [1 ] Yes Yes Yes [1 ] Yes Yes Yes
Carpinteria Yes Yes Yes Yes Yes Yes Yes Yes
Cathedral City Yes Yes Yes Yes Yes Yes Yes Yes Yes
Chula Vista Yes Yes [1 ] Yes Yes Yes [1] Yes Yes Yes
Clayton Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Concord Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Coronado Yes Yes [1 ] Yes Yes Yes [I] Yes Yes Yes
Cupertino Yes Yes Yes Yes Yes Yes Yes Yes Yes[l3] Yes
Danville Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Del Mar Yes Yes [1 ] Yes Yes Yes [1 ] Yes Yes Yes
+ Desert Hot Springs Yes Yes Yes Yes
El Cajon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
El Cerrito Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Escondido Yes Yes [1] Yes Yes Yes [1] Yes Yes Yes
*+ Fremont Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Grand Terrace Yes Yes Yes Yes
Hemet [1] [1] [1] [1 ] [1 ] [1] [1] [1] [1 ]
Hercules Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Huntington Beach Yes Yes Yes Yes Yes
Imperial Beach Yes Yes [1] Yes Yes Yes [1 ] Yes Yes Yes
Indio Yes Yes Yes Yes Yes
Irvine Yes Yes Yes Yes Yes Yes Yes
La Nesa Yes Yes [1 ] Yes Yes Yes [1 ] Yes Yes Yes
Lafayette Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Laguna Beach Yes Yes Yes Yes Yes Yes Yes
Livermore Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Long Beach Yes Yes Yes Yes Yes Yes Yes
Los Altos Yes Yes Yes Yes
Los Angeles Yes Yes 50% Yes Yes
Los Gatos Yes Yes Yes Yes
Martinez Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Menlo Park Yes Yes Yes Yes Yes Yes
Mill Valley Yes Yes Yes 80% Yes Yes Yes Yes Yes Yes
Milpitas Yes Yes Yes Yes Yes Yes Yes Yes Yes
Moraga Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Mountain View Yes Yes Yes Yes Yes Yes Yes Yes Yes
National City Yes Yes [1] Yes Yes Yes [1 ] Yes Yes Yes
Newport Beach Yes Yes Yes Yes Yes Yes
+ Oakland Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Oceanside Yes Yes [1 ] Yes Yes Yes [1 ] Yes Yes Yes
Orinda Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
+ Palm Desert Yes Yes [1 ] [1 ] [1 ] Yes [1] [l] Yes Yes
+ Palm Springs Yes Yes Yes Yes
- 12 -
0 0 0 0
CHART IV - afHER PUBLIC Pl.ACES A Fn:Cn:D
COHMUN ITY Then- Museums Health Public Eleva- Food Scrvice Rest Phnrma- Bus/
Lt::1S 6 Libr.Foc' Lty Htgs. tors MItts. Lines Rooms cic!J PuhTrun
Polo Alto Yes Yes Yes Yes Yes
Pasadcno Yes Yes Yes Yes Yes Yes
Pinole Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Pittsburg Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
+ Pleasanton Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Pleasan t Hi 11 Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Poway Yes Yes [1 ] Yes Yes Yes [1 ] Yes Yes Yes
Rancho ~1irage Yes Yes [1] Yes [1 ] Yes Yes
Richmond Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Riverside Yes Yes Yes Yes
Sacramento Yes Yes Yes Yes Yes Yes Yes Yes
San Anselmo 1/3 Yes Yes Yes Yes
San Diego Yes Yes [1] Yes Yes Yes [1 ] Yes Yes Yes
San Francisco
San Jose Yes Yes Yes YI~S
San Luis Obispo Yes Yes Yes Yes Yes Yes Yes
San Marcos Yes Yes [1] Yes Yes Yes [1] Yes Yes Yes
San Pablo Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
+ San Rafael Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
San Ramon Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
Santa Barbara Yes Yes Yes Yes Yes Yes Yes Yes Yes
Santa Clara Yes Yes Yes Yes
Santa Monica Yes Yes Yes Yes Yes Yes Yes
Santee Yes Yes [1] Yes Yes Yes [1 ] Yes Yes Yes
+* Sunnyvale Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Tustin [1] [1] [1] [1] [1] [1] [1] [1] [1] [1 ]
Ukiah Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Vista Yes Yes [1] Yes Yes Yes [1 ] Yes Yes Yes
\~alnut Creek Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
West Hollywood Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Yorba Linda Yes Yes Yes Yes Yes Yes
+ County of Alameda Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
County of Contra Costa Yes Yes Yes [22] Yes Yes Yes Yes Yes Yes
County of Marin Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
County of Orange Yes Yes Yes Yes Yes
County of Riverside Yes Yes Yes Yes
County of Sacramento Yes Yes Yes Yes Yes Yes Yes Yes
County of San Diego Yes Yes [1] Yes Yes Yes [1 ] Yes Yes Yes
County of Santa Clara Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
County of Santa Cruz Yes Yes Yes Yes Yes Yes Yes
- 13,-
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CO~C1UN ITY
+ Albany
Anaheim
Antioch
Berkeley
Brea
Brentwood
Carlsbad
Carpinteria
Cathedral City
Chula Vista
Clayton
Concord
Coronado
Cupertino
Danville
Del Har
+ Desert Hot Springs
EI Cajon
EI Cerrito
Escondido
+ Fremont
Grand Terrace
Hemet
Hercules
Huntington Beach
Imperial Beach
Indio
Irvine
La Mesa
Lafayette
Laguna Beach
Livermore
Long Beach
Los Altos
Los Angeles
Los Gatos
Martinez
Menlo Park
Mill Valley
mlpitas
Moraga
Mountain View
National City
Newport Beach
Oakland
Oceanside
Orinda
Palm Desert
Palm Springs
Palo Alto
Pasadena
o
o
o
CIIART V: ENFORC~~'1ENT; EXCEI7rIONS; OTIIEll PLACES AfFr;Cn:D
EXCEP- ENfORCEMENT
TlONS[4)
Appl.
Appl.
Appl.
Appl.
[11 )
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
Sign
Appl.
Appl.
Appl.
Appl.
Appl.
[11]
Appl.
-
Appl.
Appl.
App1.
Appl.
All City Depts. All
Infraction 50%
Infraction All
Infraction All
Infraction/Pub.Nuis.
City Mgr/complaint All enclosed areas used by the general public
Infraction All public places except designated areas [1]
Infraction Laundromats; city facilities
Infraction
Infraction All
Infraction All
City Mgr/complaint All
Infraction All
City Mgr/complaint
City Mgr/complaint All enclosed areas used by the general public
Infraction All public places except designated areas [1]
Infraction
Misdemeanor/Infr.
City Mgr/complaint All
Infraction All
City Mgr/complaint All
Infraction
Infraction
City Mgr/complaint
Infraction
Infraction
Infraction
Infraction
Infraction All public places except designated areas [1)
City Mgr/complaint All enclosed areas used by the general public
Infraction
City Mgr./Inspect.
Health Dept.
Infraction
Infraction (9)
Misdemeanor
Infraction
Infraction
Dir.Comm.Devel.
Infr./Bus.Lic.Ren.
Infraction
City Mgr,/Inspect.
Infraction
Infraction
City Mgr/comp1aint
Infraction
City Mgr/complaint
Infraction
Infrection
Infraction
Infraction
- 14 -
<JflmR AfFECrED AREAS
publ. encl. areas; sports arenas, polls
of City Council Chambers
enclosed areas used by the
enclosed areas used by the
general public
general public
public places except designated areas [1]
enclosed areas used by the general public
enclosed areas used by the general public
public places except designated areas [1]
enclosed areas used by the general public
public places except designated areas [1]
enclosed areas used by the general public
All public places except designated areas [1]
All enclosed areas used by the general public
Public buildings
All public places except designated areas [1]
All enclosed areas used by the general public
Schools; child care facilities
All enclosed areas used by the general public
Encl. public areas; child care faci1.; schools.
All public places except designated areas [1]
Encl. public areas except Oakland Airport
All public places except designated areas [1]
All enclosed areas used by the general public
All public places except designated areas [1]
50% of outdoor eating areas.
~ ~
o
o
o
o
CIIART v: ENFORC~~'II-:NT; EXCEI'f10IlS; arllER PLACES AFFEcn:lJ
COHNllNITY
EXCEP- ENFORCEMENT
TIONS[ 4 ]
anmR AFFECTED ARF.AS
Pinole
Pittsburg
+ Pleasanton
Pleasant Hill
Poway
Rancho Mirage
Richmond
Riverside
Sacramento
San Anselmo
San Diego
San Francisco
San Jose
San Luis Obispo
San ~Iarcos
San Pablo
+ San Rafael
San Ramon
Santa Barbara
Santa Clara
Santa Monica
Santee
,~ Sunnyvale
Tustin
Ukiah
Vista
Walnut Creek
Ivest Hollywood
Yorba Linda
County of Alameda
County of Contra Cos
County of Marin
County of Orange
County of Riverside
County of Sacramento
County of San Diego
County of Santa Clar
County of Santa Cruz
Appl.
Appl.
Appl.
Appl.
Appl.
[11]
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
[11 ]
Appl.
Appl.
Appl.
City Hgr/complaint Alt
Infraction All
City Mgr/complaint All
Infraction All
Infraction All
Infraction All
City Mgr/complaint All
Infraction
Infraction All public places except designated areas [1]
None specified
Infraction All public places except designated areas [1]
Civil/Dir.Pub.Health
Health Officer
Admin.Ofc/Pub.Nuis.All
Infraction All
Infraction All
Infraction
City Mgr/complaint All enclosed areas used by the general public
Infr. / Pub.Nuis. Laundromats
Ci ty I-tanager
Civil/Infraction
Infraction
Infraction
Infraction
City Mgr/complaint
Infraction All
City Mgr/complaint All
Misdem./Civil Suit All
Misdemeanor
Co. Health Agency
Heal th Dept.
Infraction
Infraction
Infraction
Director of Health All public places except designated areas [1]
Infraction All public places except designated areas [1]
Infraction
IlealthOfcrlInspect Enclosed public areas
cncloscd areas used by the general public
encloscd areas used by the general public
enclosed areas used by the general public
enclosed areas used by the general public
public places except designated areas [1]
public places except designated areas [1]
enclosed areas used by the general public
city buildings; laundromats
public places except desig~ated areas [1]
enclosed areas used by the general public
All public places except designated areas [1]
City bldg. hallways; hotels; gymnasiums, stadiums
[1]; but no area is required to be all nonsmoking
public places except designated areas [1]
enclosed areas used by the general public
public places except designated areas [1]
All enclosed areas used by the general public
All enclosed areas used by the general public
County buildings except desig. smoking areas
- 15 -
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o
6 tachment 5
o
o
Contact list for Infocm~~lon regardIng the experIence of C~llfornl~ cItles relatIve to
enforcemen~ of eXIsting smokIng regulatIon ordInances.
Los Angeles
CounCilman Marvin Braude
Cuy Hall
Los Anqeles. CA 90012
(2131485-3811
Coneact: Glenn Barr
J~laine Harkless
Office of Ci.y A.torney
(213) 485-2109
Larry HacKado
Legisla~ive Assi5~ant
(2131 485-2121
..
Dan McGowan
Office of City Administrator
(213) 485-3781
George 5, Wolfberg
Chief Administrative Analyst
300 City Hall East
Los Angeles, CA 90012
Bruce Tsut.sui
County Health Dept
(415) 558-4731
San Francisco
('
'-
Brian Codbe
Code Compliance
(415) 558-2497
James L. Lazarus
Deputy Mayor
Office of the Mayor
Sacrame:'\t.o
Harry Sen
Dept. of Environmental Health
(916) 366-2099
..
Christina Olsen
Public Information Officer
915 I Stree.
SacramenLo, CA 9~814
Palo Alto Peter Hazarian
Ordinance Compliance Inspector
Pasadena Mr. Reardon
City neal.h Dept.
(816) 405-4390
.. Elt.on Blum
~ealth Officer
100 N Grand Ave.
Pasadena, CA 91109
JJ-l
Note: Tobacco Ins~itu~e representatives
have claimed to find problems of
enfc~cemen~ in Sacramento. You
may wish to discuss this in some
detail wi~h Mr. Sen.
O'
San Jose
Sant.a aarbara
Ukiah
Berkeley
Sant.a Clara
(
Cuper-tino
Sarat.oqa
Laguna Beach
-0
Doug Barlow
Cede Compllance Chlef
1408) 277-4527
.. Rlta Hardi.n
Olcector. Neighborhood Preservation
801 N. f,rst St. Room 400
San Jose. CA 95110
Larry Herrara
Management Analyst
Office of City Administrator
(80S) 963-0611
..
Nancy Stamelos
Secty. to City Manager
203 S School St.
Ukiah. CA 95482
..
Glen Lynch
Chief. Enviro~ental He~lt~
Health & Human Services Dept.
2180 Milvia St. 3rd Floor
Berkeley, CA 94704
Brian Draper
Administrat.ive Assistant
City Managers Office
1500 Warburton Ave.
Santa Clara, CA 95050
..
Barbara K Brown
Assistant to City Manager
10300 Torre Ave,
Cupertino, CA 95014
G!'Ace E. Corey
Deputy City Clerk
Tim Miller
Community Service
(714) 497-3311
San Diego George Story
Citizens Assistance and Information
City A~~inistration Building
202 C Street
San Diego, CA 92101 (619) 236-6047
San Diego County James A. Forde
Oepar~~ent of Health Services
1700 Pacific Highway
San Diego. CA 92101
(619) 236-2237
Sunnyvale
Cene Rodgers
Assistant City Manager
456 W OLive Ave.
Sunnyvale, CA 94086
JJ-2
o
o
Mr. Story has been very helpful in
working with cities ~hat are
considering smoking regulatlOn
ordinances and has collected a
rather voluminous mass of material
which he will be happy to send you.
.A '
_.L..
o
0-
3 ..
o
o
T~. remalnder of the Cl~les on the llst are in San Dlego County. Thel~ ordInances are
basically the same as the San DIego ordInance, and the experIences th.y have reported
are similar to those of San Diego.
Oceanside
.. Victoria Zorkocy
Sr. Administrative Assistant
Office of City Manager
321 N. Nevada
Oceanside, CA 92054
National City.. Richard Shoman
Asst. to City Manager
Director of Personnel
1243 Nacion~ Cicy Slvs.
Nacional Cicy, CA 92050
Bob Nelson
City Manager
1050 Camino Del Mar
Del Mar, CA 92014
D~l Mar
..
5cSn Marcos
..
Paul Malone
105 W Richmar Ave.
San Marcos, CA 92069
poway
..
Barry Hogan
Dir PLanning Services
P,O. Box 7B9
Poway, ClI 92064
r
Sancee
.. Robert A. CLark
Director, Department of Human Services
10765 woodside
Sancee, ClI 92071
JJ -3