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