Chapter 8.17
SMOKING REGULATIONS
Sections:
8.17.030 Application of chapter to city-owned or leased facilities.
8.17.040 Prohibition of smoking.
8.17.050 Regulation of smoking in hotels and motels.
8.17.055 Multifamily rental smoking regulations.
8.17.060 Regulation of smoking in places of employment.
8.17.070 Smoking in recreation areas prohibited.
8.17.080 Where smoking not regulated.
8.17.090 Posting requirements.
8.17.110 Violations and penalties.
8.17.120 Private claim/action.
8.17.130 Other applicable laws.
8.17.005 Findings.
The city council hereby finds as follows:
A. Smoking is one of the largest single preventable causes of death and disability for persons in the United States. On average, compared to people who have never smoked, smokers suffer more health problems and disability due to their smoking and ultimately lose more than a decade of life.
B. Exposure to secondhand smoke is a leading cause of preventable death, after smoking and alcohol. It has been found by the United States Environmental Protection Agency to be a Class A Carcinogen, known to cause cancer in humans, and one out of three cancer deaths are reportedly caused by smoking. There is no risk-free level of exposure to secondhand smoke.
C. Tobacco smoke is a major source of indoor air pollution, and exposure to it places healthy nonsmokers at significantly increased risk for developing lung and bladder cancer, heart disease, stroke, respiratory infection, bronchoconstriction and bronchospasm. Secondhand tobacco smoke also constitutes a special health hazard for children, the elderly and people with cardiovascular or lung disorders.
D. Secondhand smoke causes numerous health problems in infants and children, including more frequent and severe asthma attacks, respiratory infections, ear infections, and sudden infant death syndrome (SIDS).
E. Smoking is one of the largest single preventable causes of death and disability for persons in the United States.
F. Employees subject to prolonged exposure to secondhand smoke in the workplace experience a loss of job productivity and may be forced to take periodic sick leave because of reactions to secondhand smoke. Higher costs to the employer are associated with smoke in the workplace due to increase in absenteeism, accidents, and the cost of medical care, insurance, loss of productivity, and cleaning and maintenance requirements. Smoke-free workplaces are associated with an increase in the success rate of smokers who are attempting to quit.
G. Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment as well as costly maintenance and repairs to furniture and fixtures.
H. The health care costs produced by smoking-related ailments and diseases constitute a heavy and avoidable financial drain on the economy of Folsom.
I. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort of nonsmokers and constitutes a public nuisance in public places and workplace.
J. That the regulations within the California Indoor Clean Air Act of 1976, as amended (Health & Safety Code § 25940 et seq.) are inadequate to protect the public health, safety and welfare, and that said act does not preempt local regulation of smoking.
K. Labor Code Section 6404.5 regulates and prohibits smoking in the workplace and preempts the field with respect to local ordinances in conflict with its provisions. Labor Code Section 6404.5 permits local regulation not in conflict with its provisions.
L. The city council finds that smoke-free outdoor recreation areas, bike paths, and outdoor assembly areas reduce unwanted exposure to secondhand smoke and reduce fire hazards and exposure to smoking in certain areas. (Ord. 1213 § 2, 2014: Ord. 799 § 1 (part), 1994)
8.17.010 Purpose.
This chapter is enacted for the purpose of restricting and regulating smoking in public places, and recreation areas as defined in this chapter and in places of employment in order to reduce the hazards and nuisance which smoking causes to those who are involuntarily exposed. (Ord. 1213 § 3, 2014: Ord. 799 § 1 (part), 1994)
8.17.020 Definitions.
As used in this chapter, those terms identified in this section shall, unless the context indicates otherwise, be ascribed the meaning contained in this section:
“Business” means any sole proprietorship, partnership, joint venture, corporation or other entity formed for either charitable, profit-making/nonprofit purposes, including without limitation by reason of enumeration, manufacturing concerns, retail establishments where goods or services are sold, and professional corporations or other entities where legal, medical, dental, engineering, architecture, financial or other professional/nonprofessional services are delivered.
“Common area” (for purposes of this chapter) means any area that is accessible to all persons lawfully occupying the complex or business. A “common area” does not include parking lots, private interior streets, sidewalks adjacent to parking lots, or public or private streets.
“Employee” means any person who is employed by any business and any person who volunteers his or her services for a nonprofit entity.
“Employer” means any business, governmental agency, municipal corporation, nonprofit entity or person having one or more employee.
“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows, screens, shades or other materials (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. “Enclosed area” also includes any outdoor areas enclosed on all sides by solid walls, windows, screens, shades or other materials (exclusive of doors or passageways).
“Multifamily rental project” means any property offered for rent or lease with more than two rental units on the property regardless of the zoning designation of the parcel. A “multifamily rental project” does not include other multifamily-zoned projects where the entire project is not a rental project, including condominiums or other developments with multiple private owners.
“Outdoor pavilions” means any publicly owned space designed for people to congregate, enjoy outdoor activities, farmer’s markets, music or other activities (for example, the Historic District Plaza).
“Place of employment” means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, auditoria, private offices, employee lounges and restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, stairs and hallways. A private residence is a “place of employment” only during the hours that clients or employees are present.
“Public place” means any enclosed area to which the public is invited or in which the public is permitted or invited, including, but not limited to, any building or property operated by the city of Folsom, retail establishments (including restaurants and retail food markets) where goods or services are sold, professional buildings where professional services are delivered, manufacturing, educational facilities, public transportation facilities, reception areas, restrooms, service lines, elevators, stairways, theaters, sports arena, lobbies and waiting rooms. A private residence is a “public place” only during the hours that clients or employees are present.
“Recreation area” means any area in the city that is publicly or privately owned and operated for recreational purposes, whether enclosed or unenclosed and open to the general public regardless of any fee or age requirements. “Recreation area” includes parks, picnic areas, playgrounds, sports fields, open space, walking or hiking paths or trails, bike trails, outdoor pavilions, city zoo sanctuary, outdoor art spaces, outdoor space for the public to congregate, benches and similar shelters for bus stops or outdoor seating areas and similar areas designed and/or used for outdoor recreational activities. “Recreation area” does not include private golf courses, where smoking is permitted by the owners.
“Restaurant” means any enclosed area of a 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 or e-cigarette/vapor products and accessories and in which the sale of other products is merely incidental. For additional requirements, see Section 8.17.080(B).
“Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, hookah pipe, plant or other combustible substance in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices).
“Special event” means an event or activity requiring a special event permit issued by the city of Folsom.
“Sports arena” means public or privately owned or operated 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. 1225 § 4, 2015: Ord. 1213 § 4, 2014: Ord. 799 § 1 (part), 1994)
8.17.030 Application of chapter to city-owned or leased facilities.
This chapter shall apply to all facilities owned or leased by the city and shall be subject to the provisions of this chapter. (Ord. 1213 § 5, 2014: Ord. 799 § 1 (part), 1994)
8.17.040 Prohibition of smoking.
Smoking is prohibited in the following places:
A. All public places, except as expressly provided in this chapter;
B. Buses, taxicabs and other means of public transit under the authority of the city;
C. Licensed day care and health care facilities;
D. Enclosed areas of restaurants and businesses;
E. Common areas in apartment buildings, condominiums, retirement facilities, nursing homes, mobile home parks and hospitals, except in cases of medical necessity as defined in the laws of the state of California or in specifically designated smoking areas that comply with subsection F of this section.
F. The owner or entity in control of a public place may designate certain specified area where smoking is permitted if all the following criteria are met:
1. The designated area must be clearly designated and marked with smoking permitted signs.
2. The area must be at least fifty feet from any picnic areas, sports fields or improvements used for recreational activity, food vendors, lines for recreational activities in the recreational area.
3. The area must be completely unenclosed.
4. In the case of a common area as described in subsection E of this section, the area must be no less than fifty feet from any residential unit and any return vents or air conditioning intakes that serve or discharge into residential units or enclosed common areas.
G. As Provided in State Law. Nothing herein is intended to limit the application of state law. (Ord. 1213 § 6, 2014: Ord. 799 § 1 (part), 1994. Formerly 8.17.050)
8.17.050 Regulation of smoking in hotels and motels.
A. In addition to any other requirements of this chapter, all hotels and motels having ten or more guest rooms shall designate at least fifty percent of such rooms as “nonsmoking,” and shall post signs in such rooms informing guests of the regulation. No ashtrays or matches shall be supplied in such rooms.
B. It is unlawful to charge more for a nonsmoking room than for a similar room in which smoking is permitted. (Ord. 1213 § 7, 2014: Ord. 799 § 1 (part), 1994. Formerly 8.17.060)
8.17.055 Multifamily rental smoking regulations.
In addition to other provisions in this chapter that apply to smoking in multifamily rental projects, the following provisions are applicable to multifamily rental projects in the city of Folsom:
A. Smoking is prohibited in all areas, interior units and common areas of multifamily rental projects where the city provides any financial assistance to the project after the effective date of the ordinance codified in this section. If a multifamily rental project permits smoking at the time an application for financial assistance is received, it shall prepare a plan to prohibit smoking throughout the project as a condition of receipt of any city funds. A project owner may designate a smoking area on the premises that complies with Section 8.17.040(F). In accordance with this section, the project owner of the multifamily rental project receiving financial assistance from the city shall include in its leases language that prohibits smoking in accordance with Civil Code Section 1947.5 and this chapter.
B. Any multifamily rental project shall provide prospective tenants with the project’s smoking policy, in writing, at the time any application is received and at the time the lease or rental agreement is entered into by the parties.
C. Smoking is prohibited on unit balconies or unit patio areas attached to or controlled by the multifamily rental tenant. (Ord. 1225 § 8, 2015)
8.17.060 Regulation of smoking in places of employment.
A. Employers shall provide a smoke-free workplace for all employees as provided in Labor Code Section 6404.5 and other provisions of state law.
B. Employers may provide a separate area where employees are permitted to smoke as provided in state law. In order to be eligible for this exemption, the smoking area must be fully enclosed and separated from the employee work environment and shall have a ventilation system separate from that of any public place in which smoking is regulated by this chapter so that there is no venting or circulation of smoke from the smoking area into any other public place. (Ord. 1213 § 8, 2014: Ord. 799 § 1 (part), 1994. Formerly 8.17.070)
8.17.070 Smoking in recreation areas prohibited.
A. Smoking is prohibited in all recreational areas in the city, except the city or the private entity owning or controlling the recreational area may designate certain specified area where smoking is permitted if all the following criteria are met:
1. The designated area must be clearly designated and marked with smoking permitted signs.
2. The area must be at least fifty feet from any picnic areas, sports fields or improvements used for recreational activity, food vendors, lines for recreational activities in the recreational area.
3. The area must be completely unenclosed.
4. The parks and recreation director (director) may designate locations where smoking is permitted in this chapter. The director may, but is not required to designate smoking area and may consider the uses in the recreation area, fire hazards, proximity to fields and other factors in her/her discretion.
B. Smoking is prohibited on city property used for special events, except in designated smoking areas meeting the requirements set forth above. Special events shall be conditioned consistent with this section. (Ord. 1213 § 9, 2014)
8.17.080 Where smoking not regulated.
Notwithstanding any other provision of this chapter to the contrary, the following enclosed areas shall not be subject to the provisions of this chapter:
A. Private residences, except during the hours clients or employees are present pursuant to use permit or when the residences are utilized as a day-care center;
B. Retail tobacco stores, receiving a certificate of occupancy shall have a ventilation system separate from that of any public place in which smoking is regulated so that there is no venting or circulation of smoke from the tobacco store into any public place;
C. Public streets and public sidewalks. (Ord. 1213 § 10, 2014: Ord. 799 § 1 (part), 1994)
8.17.090 Posting requirements.
A. Each owner, operator, manager or other person having control of a public place or place of employment within which smoking is regulated by this chapter shall conspicuously post “no smoking” signs that can be easily read and understood.
B. An owner, operator or manager of a building in which pursuant to these regulations smoking is prohibited in any space in the building, may limit the “no smoking” postings to first-floor entrances and exits and to the elevator lobby areas of all other floors.
C. Hotels and motels which maintain nonsmoking rooms shall prominently post in the lobby a sign notifying patrons of the availability of nonsmoking accommodations, in addition to posting the individual rooms. (Ord. 1213 § 11, 2014: Ord. 799 § 1 (part), 1994)
8.17.100 Enforcement.
A. Notice of these regulations shall be given to all applicants for a business license.
B. The fire department shall require, while an establishment is undergoing otherwise mandated inspections, certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.
C. The fire department, on its regular inspections, shall check for compliance with sign posting requirements. Owners, operators, managers or other persons having control of a public place or place of employment shall be notified in writing of any violations on the standard inspection report.
D. The code enforcement officer is authorized to enforce provisions of this chapter. (Ord. 1213 § 12, 2014: Ord. 799 § 1 (part), 1994)
8.17.110 Violations and penalties.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to 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 who violates any provision of this chapter shall be guilty of an infraction, punishable by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of this chapter within one year;
3. A fine not exceeding five hundred dollars for each additional violation of this chapter within one year.
D. Violation of the provisions of this chapter is declared to be a public nuisance which may be abated by appropriate civil action.
E. Violations of this chapter are subject to the administrative penalty provisions of this code and shall be considered a Level B violation.
F. The remedies provided by this section are cumulative, and are in addition to any other remedy existing at law or in equity. (Ord. 1213 § 13, 2014: Ord. 799 § 1 (part), 1994)
8.17.120 Private claim/action.
Any aggrieved person may bring a civil action to compel compliance with this chapter. (Ord. 1213 § 14, 2014: Ord. 799 § 1 (part), 1994)
8.17.130 Other applicable laws.
A. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or permit conditions, including but not limited to the fire code, OSHA regulations, the California Code of Regulations. (Ord. 1213 § 15, 2014: Ord. 799 § 1 (part), 1994)