CHAPTER 7-3: REGULATION OF SMOKING
SECTIONS:
7-3-3: PROHIBITION AND REGULATION OF SMOKING IN CITY OWNED FACILITIES:
7-3-4: PROHIBITION OF SMOKING IN ENCLOSED PLACES:
7-3-5: WHERE SMOKING IS NOT REGULATED:
7-3-8: ENFORCEMENT AND PENALTIES:
7-3-1 PURPOSE:
Since the smoking or use of tobacco products or any plant is a positive danger to the health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present or nearby such use, tobacco litter is the most common form of litter, cigarette butts can take up to ten (10) years to decompose, the chemicals from discarded cigarette butts pollute the land, lakes and waterways and can be ingested by children, animals, fish and birds, and in order to serve the public health, safety and welfare, the declared purpose of this chapter is to restrict the smoking and use of tobacco products or any plant within enclosed places, public places, places of employment and City property, including City parks and park systems. (Proposition 200, 11-12-2003; Ord. 2018-1616, 4-24-2018)
7-3-2 DEFINITIONS:
The following definitions shall apply in the interpretation and enforcement of this chapter:
BAR: An area devoted primarily to alcoholic beverage service to which food service is only incidental.
DESIGNATED SMOKING AREA: Any area outdoors, which is outside of any enclosed public place and removed from building entrances and exits. Any designated smoking area must be so situated as to allow nonsmoking individuals to conduct normal activity in a smoke free environment.
EMPLOYEE: Any person who is employed by any employer for direct or indirect monetary wages or profit.
EMPLOYEE WORK AREA: Any areas within a place of employment, which share a common ventilation, heating or air conditioning system.
EMPLOYER: Any person or entity employing the services of an employee.
ENCLOSED PUBLIC PLACE: Any area closed in by a roof and walls with openings for ingress and egress that is available to and customarily used by the public. Enclosed public places governed by this chapter shall include, but not be limited to, public areas of grocery stores, waiting rooms, public and private schools, doctors’ office buildings, community centers, childcare centers, public restrooms, all indoor facilities, restaurants, cafeterias, bars, sports bars, bowling alleys, billiard halls and other places currently used by the public.
A private residence is not a "public place".
PLACE OF EMPLOYMENT: Any enclosed area under the control of a private or public employer. A private residence is not a "place of employment".
SMOKE, SMOKING OR USE OF TOBACCO:
(A) Carrying or placing of a lighted tobacco product in one’s mouth for the purpose of inhaling and exhaling smoke or blowing smoke rings;
(B) Placing of a lighted tobacco product or any other lighted tobacco product smoking equipment in an ashtray or other receptacle, and allowing tobacco product smoke to diffuse in the air;
(C) Carrying or placing of a lighted tobacco product in one’s hands or any appendage or devices and allowing smoke to diffuse in the air; or
(D) Inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver nicotine or other substances to a person, including, but not limited to, an electronic or vaping cigarette, equipment, cigar, cigarillo, or pipe.
TOBACCO PRODUCT: Any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product. (Proposition 200, 11-12-2003; Ord. 2018-1616, 4-24-2018)
7-3-3 PROHIBITION AND REGULATION OF SMOKING IN CITY OWNED FACILITIES:
(A) All enclosed public places, places of employment and employee work areas owned, leased or operated by the city shall be subject to this chapter.
(B) Smoking is prohibited in all shared vehicles and enclosed public places, places of employment and employee work areas owned, leased or operated by the city.
(C) Smoking or other use of tobacco is prohibited in all City parks and park systems, as those terms are defined in Section 15-1-2, except in designated and signed smoking areas. The City Manager or his designee is hereby delegated the authority to designate such smoking areas in City parks and park systems. Notwithstanding the foregoing, the Fire Chief or his designee may close any park’s or park system’s designated smoking areas during time periods of high fire danger warnings. (Proposition 200, 11-12-2003; Ord. 2018-1616, 4-24-2018)
7-3-4 PROHIBITION OF SMOKING IN ENCLOSED PLACES:
No person shall smoke in any enclosed public place or place of employment except outdoors in designated smoking areas. (Proposition 200, 11-12-2003)
7-3-5 WHERE SMOKING IS NOT REGULATED:
Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
(A) Private residences.
(B) Bars (exempt for 2 years from the effective date of this chapter).
(C) Hotel and motel rooms rented to guests, which are on a separately partitioned ventilation system.
(D) Retail stores that deal primarily in the sale of tobacco products and smoking paraphernalia.
(E) On stage smoking as part of stage production, ballet or similar exhibition.
(F) Conference/meeting rooms and private meeting rooms while these places are being used exclusively for private functions.
(G) Private clubs and recreation facilities that do not serve the public or charge the public for services. (Proposition 200, 11-12-2003)
7-3-6 EMPLOYEES:
(A) Current and newly hired employees must sign an "Informed Employee...Smoking in the Workplace" document (addendum attached to proposition 200).
(B) Ads seeking new employees must state the smoking policy: (SE) for smoking establishment and (NSE) for nonsmoking establishment.
(C) No employee shall be terminated or subject to disciplinary action solely as a result of his complaint about smoking or nonsmoking in the workplace. (Proposition 200, 11-12-2003)
7-3-7 POSTING REQUIREMENTS:
A "smoking" symbol shall be clearly and conspicuously posted by the owner, operator, manager, employer or other person in control in every workplace or designated outdoor area where smoking is allowed under this chapter. (Proposition 200, 11-12-2003)
7-3-8 ENFORCEMENT AND PENALTIES:
(A) Citations may be issued for violation of this chapter.
(B) Any person violating any of the provisions of this chapter shall be liable for the imposition of a civil sanction not to exceed twenty five dollars ($25.00) for the first offense and not to exceed fifty dollars ($50.00) for each successive offense. Each day a violation of this chapter continues after a citation for the violation has been issued constitutes a separate violation.
(C) The city shall provide for payment by mail of civil sanctions under this chapter.
(D) Any owner, manager, operator or employer of any establishment controlled by this chapter shall, upon either observing or being advised of a violation of this chapter, have the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance.
(E) Any person or employer who owns, manages, operates or otherwise controls the use of any premises subject to this chapter has the responsibility to:
1. Properly identify all indoor (for exceptions only, see section 7-3-5 of this chapter) and designated outdoor smoking areas; and
2. Properly post signs required hereunder; and
3. Take the action required by this subsection when observing or being advised of a violation.
(F) Any employer who knowingly and intentionally violates this chapter may be liable for a civil penalty not to exceed five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute and be punished as a separate offense.
(G) By enforcing this chapter, the city undertakes only to promote the general welfare and health of the community. It does not assume, nor does it impose on its officers and employees, an obligation for breach of which it is liable in money damages to any person claiming injury from such breach. (Proposition 200, 11-12-2003)
7-3-9 EFFECTIVE DATE:
(A) Within ninety (90) days of the effective date of this chapter, each employer in each place of employment within the city (except bars) shall adopt, implement and maintain a smoking policy that is consistent with this chapter.
(B) Within two (2) years of the effective date of this chapter, each bar within the city shall adopt, implement and maintain a smoking policy that is consistent with this chapter. (Proposition 200, 11-12-2003)