Chapter 9.16
PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND IN PUBLIC PLACES
Sections:
9.16.020 Application of chapter to municipal facilities.
9.16.030 Prohibition of smoking in public places.
9.16.040 Prohibition of smoking in places of employment.
9.16.060 Where smoking not regulated.
9.16.090 Violations and penalties.
9.16.100 Other applicable laws.
9.16.010 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges and cabarets.
"Business" means any natural person or legal entity such as, without limitation, a business-for-profit corporation, nonprofit corporation, partnership, limited liability company or trust that undertakes to provide goods or services to the public or to persons who are members of a private group that is eligible to obtain the goods or services, regardless of whether the business exists or is conducted for the purpose of making a profit.
"Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
"Employer" means any person, partnership, corporation, including a municipal corporation, nonprofit entity, business, association and trust, which employs the services of one or more individual persons.
"Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures.
"Health care facility" means an office or institution providing care or treatment of diseases whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
"Places 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 and restrooms, conference and classrooms, employee cafeterias, hallways and vehicles. A private residence is not a place of employment unless it is used as a childcare, adult day care or health care facility. Employer-provided housing, and hotel and motel sleeping rooms rented to guests, are not a place of employment for purposes of this chapter.
"Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a public place unless it is used as a childcare, adult day care or health care facility.
"Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
"Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not service involves the exchange of money.
"Smoking" means inhaling, exhaling, burning or carrying any lighted tobacco product and lighted cigar, cigarette, or pipe.
"Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.020 Application of chapter to municipal facilities.
All enclosed facilities owned by the Bristol Bay Borough shall be subject to this chapter. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.030 Prohibition of smoking in public places.
A. Smoking is prohibited in all enclosed areas in public places within the Bristol Bay Borough, including but not limited to the following places:
1. Bars;
2. Restaurants;
3. Restrooms, lobbies, reception areas, hallways and any other common-use areas;
4. Buses, taxicabs, and other means of public transit operating within the borough, and ticket, boarding and waiting areas of public transit depots;
5. Service lines;
6. Retail stores;
7. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to attorneys’ offices and other offices, banks, laundromats, hotels and motels;
8. Elevators;
9. Public areas of aquariums, galleries, libraries and museums when open to the public;
10. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance;
11. Sports arenas and convention halls, including bowling facilities and pool halls;
12. Every room, chamber, place of meeting or public assembly, including school buildings under the control of the state or any board, council, commission, committee, including joint committees, or agencies of the Bristol Bay Borough or any political subdivision of the state, during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the Bristol Bay Borough;
13. Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors’ offices, dentists’ offices, health care facilities and licensed childcare facilities;
14. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
15. Polling places;
16. Building entranceways.
B. Notwithstanding any other provision of the section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.040 Prohibition of smoking in places of employment.
A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications to discharge this responsibility.
B. By the effective date of the ordinance codified in this chapter, each employer having an enclosed place of employment located within the Bristol Bay Borough shall adopt, implement, make known and maintain a written smoking policy which shall prohibit smoking in all enclosed areas within the place of employment.
C. The smoking policy shall be communicated to all employees and all employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.050 Reasonable distance.
To ensure that tobacco smoke does not enter the area through the main entrance, windows, ventilation systems, or any other means, smoking may occur only at a reasonable distance outside any enclosed area within which smoking is prohibited, or when conditions allow. For the purposes of this section, the owner or manager of the enclosed area in which smoking is prohibited shall determine what distance is reasonable under the circumstances. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.060 Where smoking not regulated.
A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1. Private residences including residences used as places of employment, except during hours used as a childcare, adult day care, or health care facility;
2. Places of employment with four or less employees. For the purpose of this exception, the four or less employee limit includes on-site business owner(s), with the exception that in all uses cited in Section 9.16.030 of this chapter smoking shall not be permitted;
3. Twenty-five percent or a minimum of one room of hotel, motel, and B&B guest rooms;
4. Retail tobacco stores;
5. Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions;
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 that entire establishment as a nonsmoking establishment. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.070 Posting of signs.
A. "No Smoking" signs 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) shall be clearly, sufficiently and conspicuously posted in every building or other area where smoking is prohibited by this chapter, by the owner, operator, manager or other person having control of such building or other area.
B. Every public place where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
C. All ashtrays and other smoking paraphernalia except for tobacco products for sale shall be removed from any area where smoking is prohibited by this chapter by the owner, operator, manager, or other person having control of such area.
D. Where smoking is allowed, "smoking allowed" signs may be posted by the owner, operator, manager, or other person having control of such building or other area. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.080 Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises the right to a smoke-free environment afforded by this chapter. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.090 Violations and penalties.
A. It is unlawful for any person who owns, manages, or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with any of its provisions.
B. It is unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
C. Any person aggrieved by a violation or threatened violation of this chapter may bring a civil action against any person whose act or failure to act violates this chapter. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.095 Fines.
A. For violations of this chapter, the bail schedule will be as follows:
1. For the first violation of Section 9.16.090 of this chapter, a warning shall be imposed.
2. For the second violation of Section 9.16.090 of this chapter within a consecutive twelve-month period, a fine of fifty dollars shall be imposed.
3. For the third violation of Section 9.16.090 of this chapter within a consecutive twelve-month period, a fine of one hundred dollars shall be imposed.
4. For the fourth violation of Section 9.16.090 of this chapter within a consecutive twelve-month period, a fine of two hundred fifty dollars shall be imposed.
B. A violation occurring within a consecutive twelve-month period need not be the same violation of Section 9.16.090 of this chapter to constitute grounds for imposing the escalated fine.
C. Fines imposed for violations of Section 9.16.090 of this chapter shall be a scheduled borough fine collectible as provided in Sections 1.16.010 through 1.16.020 of this code. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).
9.16.100 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 2015-03 (part), 2015: Ord. 2014-05 (part), 2014).