CHAPTER 7
NO SMOKING
ARTICLE 1. TITLE, FINDINGS AND DEFINITIONS1
SECTION:
§4500 TITLE
This Chapter shall be known as the NO SMOKING CHAPTER of the Ukiah City Code. (Ord. 760, adopted 1981)
§4501 LEGISLATIVE FINDING
A. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers.
B. Health hazards induced by breathing environmental tobacco smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction and bronchospasm.
C. The American Medical Association, former U.S. Surgeon Generals C. Everett Koop, M.D. and Antonia Movello, Health and Human Services, Dr. Louis Sullivan, have publicly denounced the tobacco industry for targeting children, teens, women and members of racial and ethnic minority groups in its advertising and promotions and have called for local, State and Federal action to prevent the tobacco industry from targeting these individuals, especially youth.
D. Based on the weight of available scientific evidence, the U.S. Environmental Protection agency (EPA) has concluded that the widespread exposure to environmental tobacco smoke in the United States presents a serious and substantial public health impact.
E. The purposes of this chapter are to:
1. Protect the public health and welfare by prohibiting smoking in public places and places of employment;
2. Guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; and
3. Reduce access of persons under twenty-one (21) years of age to tobacco products by restricting their access to tobacco products. (Ord. 760, adopted 1981; amd. Ord. 942, §1, adopted 1993; Ord. 1232, §3, adopted 2023)
§4501.5 DEFINITIONS
The following words shall have the following meanings whenever used in this Chapter:
BAR. An area which 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 such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar", for the purpose of this definition, does not include any establishment where tobacco smoke can filter into a restaurant through a passageway, ventilation system or any other means.
BUSINESS. 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.
CIGAR. Any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco and, for purposes of this chapter, may contain any other weed or plant as an alternative or supplement to tobacco or nicotine.
CIGARETTE. Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use and, for the purposes of this chapter, may contain any other weed or plant as an alternative or supplement to tobacco or nicotine.
CITY. The City of Ukiah.
EMPLOYEE. Any person who is employed by any employer and any person who volunteers his or her services for a nonprofit entity.
EMPLOYER. Any person, partnership, association, corporation or nonprofit entity, which employs one or more persons for compensation.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) 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.
PARKS AND RECREATIONAL AREAS. Properties and areas owned or operated by the City of Ukiah and open to the general public for recreational purposes, including parks, gardens, playgrounds, picnic and barbecue areas, and sporting facilities. Such areas are listed in section 1965 of this code.
PLACE OF EMPLOYMENT. 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, employee lounges and rest rooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility.
PUBLIC PLACE. 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 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".
RESTAURANT. 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, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in this Section.
RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
SELF-SERVICE MERCHANDISING. Open promotional displays of tobacco products and point-of-purchase tobacco promotional displays to which the public has direct access without the assistance of an employee.
SMOKING: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing a prohibition on smoking.
SPORTS ARENA: The enclosed portions of 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.
TOBACCO VENDING MACHINE. Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.
TOBACCO PRODUCT. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
VENDOR-ASSISTED. Only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. (Ord. 942, §1, adopted 1993; Ord. 1179, §2, adopted 2017)
Ord. 671, §1, adopted 1975; repealed by Ord. 760, adopted 1981.