Chapter 8.48
SMOKING
Sections:
8.48.010 Findings and purpose.
8.48.030 Prohibition of smoking.
8.48.050 Enforcement - administrative officer designated.
8.48.010 Findings and purpose.
A. The City Council finds that:
1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution.
2. Reliable studies have shown that breathing secondhand smoke is a significant health hazard 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.
3. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm.
4. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same.
5. Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment.
6. Smoking is a documented cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses.
B. Accordingly, the City Council finds and declares that the purposes of this chapter are:
1. To protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and
2. To strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority. (Ord. 2006-08, Added, 07/18/2006)
8.48.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
A. “Business” means any sole proprietorship, partnership, 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.
B. “Employee” means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit.
C. “Employer” means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons.
D. “Enclosed” means closed in by roof and four walls with appropriate openings for ingress and egress.
E. “Place of employment” means any area under the control of a public or private employer that employees may have cause to enter during the normal course of employment, including, but not limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways, except that a private residence is not a place of employment except when it is used as a child care or a health care facility.
F. “Public building” means any enclosed, permanent structure that is owned, operated, or regularly open to the public. Public building may include privately owned places of business if regularly open to the public, or in which the public is invited or permitted, such as retail establishments, but shall not include private residences.
G. “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories.
H. “Smoking” means inhaling, exhaling, burning or carrying any lighted pipe, cigar, hookah or cigarette of any kind, or any other combustible substance.
I. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, hookahs, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products.
J. “Tobacco product” means: (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, hookah tobacco or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.
K. “Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. Tobacco retailing shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.
(Ord. 2015-09, Amended, 11/17/2015; Ord. 2006-08, Added, 07/18/2006)
8.48.030 Prohibition of smoking.
A. Smoking shall be prohibited in all enclosed places of employment within the city of Galt except in the enclosed places identified in California Labor Code Section 6404.5(d), or its successor.
B. Notwithstanding the exception in subsection A for enclosed places identified in California Labor Code Section 6404.5(d) or its successor, “place of employment” shall include retail or wholesale tobacco shops and private smokers’ lounges, as such terms are defined in California Labor Code Section 6404.5(d)(4).
C. Smoking shall be prohibited in outdoor areas within twenty (20) feet of a main exit, entrance, or operable window of a public building.
(Ord. 2015-09, Amended, 11/17/2015; Ord. 2006-08, Added, 07/18/2006)
8.48.040 Interpretation.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 2006-08, Added, 07/18/2006)
8.48.050 Enforcement - administrative officer designated.
A. Enforcement shall be implemented by the City Manager.
B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager, or his or her designees.
Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. (Ord. 2006-08, Added, 07/18/2006)
8.48.060 Violation - penalty.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions.
B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. Any person who violates any provision of this chapter shall be guilty of an infraction.
(Ord. 2006-08, Added, 07/18/2006)