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HomeMy WebLinkAboutOrdinances_1976_CCv0001.pdf F ORDINANCE NCS. 1976 An Ordinance of the City Council of the City of Redlands Amending the Redlands Ordinance Code Regulating Smoking in Pudic Places and Places of Employment The City Council of the City of Redlands does ordain as follows: SECTION ONES That Article 542r Smoking, is hereby added to the Redlands Ordinance Code to read as follows: WELFARE NUISANCES ARTICLE 542 *'Article 542 H1l��I 54200. Pur set and Findings. The City Council of the City of Redlands does hereby find that.- (a) hat.(a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution. b) Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard, especially for certain population groups# including elderly geode, individuals with cardiovascular disease, and individuals with impaired respirator function, including asthmatics and those with obstructive airway disease. (c) Health hazards induced by breathing sidestream or secondhand smoke including lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstrictions and bronochospasm. (d) Nonsmokers with allergies, respiratory disease and those who suffer other ill effects of breathing sidestream or secondhand oke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same,. e) The Surgeon General of than united States has advised nonsmokers to avoid exposure to tobacco smoke where ever ' aossible and, in particular, to protect infants and children from this oke. Zf3The smoking of tcbaccor or any other weed or plant,> is a proven danger to health. Accordingly, the healtht safety and general welfare of the residents of# persons employed in, and persons who frequent this City would be benefited by the regulation of smoking in designated enclosed places# including glades of employment. WELFARE NUISANCES 54201 54201. Definitions. The following words and phrases, whenever used in this Chapter, shall be construed: as hereafter set out, unless it is apparent from the context that they have a different meaning. (a) *Bar" means an area which is denoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. (b) "Employee* means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit. (c) *Employer* means any person, partnership, corporation, including municipal corporation or public entitie,sp who employs the services of more than three (3) persons. (d) "Enclosssaed• means closed in by roof and four galls with appropriate opening for ingress and *gross. (e) *Place of Employment* means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employmontr including but not limited to work areas, employee lounges, conference roams, and employee cafeterias. M *Smoking* means the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind. 54202. Regulation of Smoking in City Facilities. All enclosed facilities awned by the City of Redlands shall be subject to the provisions of this article. 54203. Prohibition of ftoking in Certain Inclosed Fla c*sSmoking shall be prohibited in the following places within the City: (a) All enclosed areas aavail,aable to and customarily used by the general public and all public areas within businesses patronized by the public, including, but not limited to, retail stores, hotels and mot l.sr pharmacies, child care facilities, bankas, and offices, WELFARE NUISANCES 54203 b) Elevatorst public restrooms, indoor service linest buses, taxicabs and other means of public transit under the authority of the City, while within the boundaries of the: City, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (1) the establishment of separate waiting areas for smokers and nonsmokers,- or (2) the establishment of at least fifty percent 50%) of given waiting area as a nonsmoking area. (c) Public areas of museums, galleries and libraries. (d) Enclosed theaters, auditoriums, and halls which are used for motion pictures, stage dramas and musical perfortancea, Mallets or other exhibitions, except when smoking is part of any such production. (e) Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments set aside for the purpose of serving of food and drink, r strooms and offices# and areas> thereof not open to the public, which may be otherwise regulated by this Chapter. f) Hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted, when the public business requires or provides direct participation or observation by the general public. (g) Public schools and other public facilities under the control of another pubic agency, which are available to and are customarily used by the general public, to the extent that the same area subject to the jurisdiction of the City. (h) Polling places. Vii} Notwithstanding any otherprovision 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. 54204 Prohibition of Smoking is Health racilitiese a) Smoking shall be prohibited in waiting rooms, hallways, and other public areas of health facilities, including, but not; limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices. WELFARE NUISANCES 54204 (b) In bed space areas of health facilities used for two or more patients* smoking shall be prohibitedt except that the facility may, at its option, permit smoking in :a room provided that all patients within the room have requested in writing upon the health facility' s admission farm to be placed in a room where smoking is permitted. tc Health facilities shall also be subject to the provisions of Section 54206 regulating smoking in places of employment. 54205. Regulation of *king is Rating Rst&blisbaents Smoking is prohibited and is: unlawful within all indoor eating establishments serving food whose occupancy capacity is forty (40) or more persons, provided, however# that this prohibition shall not apply to any such establishment maintaining a contiguous no smoking area or separate no smoking rooms containing at least fifty percent (SO%) of the seating capacity of the establishment. This prohibition shall not apply to any rooms which are being used for eating establishment purposes for private functions. Any portion o n indoor eating establishment used as a bar is excluded from the restrictions of this section. 54206. Regulation of Smoking in Places of Employment. (a) It shall be the; responsibility of employers to provide smoke-free areas for nonsmokers within facilities to the maximum extent possible, but employers art not required to incur any expense to make structural' or other physical modifications in providing these areas. (b) Within ninety (90) days of the effective date of this ordinance, each employer and each place of employment located within the City shall adopt, impleement, make known# maintain, and provide access to a written smoking policy which shall contain at a minimum the following regulations. (1) Prohibition of; smoking in restrooms, hallways, elevators, employee work areas and in any space in use for employee conferences, meetings or classes, except for as private enclosed offices or a room occupied exclusively by smokers. WELFARE NUISANCES 54206 (2) Any employee in a place of employment shall have the right to designate his or her immediate work area as non-smoking area and to post the same with an appropriate sign or signs, to be provided by the employer. The policy adopted by the employer shall include a reasonable definition of the term *immediate work area. t3 In any dispute regarding the implementation of the employers smoking policys the health concerns of the non-smoker shall be given preference. (4) Provision and maintenance of a separate and contiguous non-smoking area of not leas than 40% of the seating= capacity and floor space in cafeterias, lunchrooms and employee lounges, t5? Food service employees whose work area is ;a public dining area cannot designate the work place as a non- smoking area. (c) The smoking policy shall be communicated to new em- ployees upon hiring. The employer 'must communicate the smoking policy to all employees within sixty (60) days of its adoption. (d) Notwithstanding the provisions of subsection a of this section, every employer shall have the right to designate any place of employment, or portion thereof, as a non-smoking area. (e) Employees whose work area is divided into a public area and a place of employment which is off limits ,to the public, shall be allowed to smoke in their place of employment at a reasonable distance from the public areaa, unless otherwised expressed by or the employer. 54207. Sookings Optional. kreaas. Notwithstanding any other provisions of this Chapter to the contrary# the following areas shall not be subject to the smoking restrictions of this article: (a) private residences, even when serving as a place of employment, excepting a private residence when serving as a child care facility. (b) Bars c Motel and motel rooms rented to guests. WELFARE NUISANCES 54207 (d) detail stores that deal exclusively in the sale of tobacco and smoking paraphernalia. e) Restaurantor hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions. (f) A private enclosed place occupied exclusively by smokers, even though such a place way be visited by nonsmokers, and a private enclosed office, excepting places in which smoking is prohibited by the fire Department or by any other lar , ordinance or regulation. 54208. Posting fr uirsneents. * okingO or *No Smoking" signs, whichever are appropriate, preferably with letters of not lose than one inch W) in height or the international *No Smoking* symbol (;consisting of a pictorial representation of a burning cigarette enclosed in a reed circle with a red bar across t) , preferably citing Redlands Ordinance Code Article 542 shall. be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this article, by the owner, opeerstor, manager or other parson having control of such building or other place. Every restaurant regulated by this Chapter shall have posted at its entrance a sign clearly stating that a nonsmoking section isavailable, and restaurants which hire employees to seat patrons shall be required to ask patrons as to his or her seating pre- ference. 54280. ` forc*a t. a) Administration of this ordinance shall be by the City Hager or his designees. b) Any citizen who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or his designees. (c) A violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City or by any affected employee or resident of the City through civil process by means of restraining osier, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance. (d) Any owner, masnager# operator or employer of aro establishment controlled by this ordinance may inform persons violating this ordinance of the appropriate provisions thereof. WELFARE NUISANCES 54210 54210. Penalties. a It is unlawful for any person who awns, managest operate or otherwise controls the use of any premises subject to the restrictions of this Chapter to fail to: properly gest signs required hereunder; provide signs for the use of employees in designating their areas; properly set aside 'NoSmoking' arias adopt a smoking restriction policy; or comply with any cher requirements of this Chapter. (b) It shall be 'unlawful for any person to smoke in any area in which smoking is prohibited by the provisions of this Chapter. c) _ Any person or business which violates Subsections (a) or ,b herein, or any other provision of this Chapter, shall be guilty of an infraction, punishable by ail fine not to exceed $500.00. 54211. tither Applicable Lava. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or regulations. 4212, Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions> and clauses of this ordinance are declared to be severable. * SECTION Q Other Agency Cooperation. Federal, ;State_ school and special district entities having facilities within the City of Redlands are requested and urged to enact and enforce provisions similar to the provisions contained herein, The City Clerk shall communicate this request to persons in charge of such facilities and shall, furnish said persons a copy of this ordinance. SECTION THREE. Article 502, Smoking, of the Redlands Ordinance Code is hereby rescinded and Ordinance No. 657 is hereby amended. SECTION FOUR: This ordinance shall be in forces and take effect as provided by law. VECTION FIVE: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed' and published in this City. Mayor of the City of Redlands ATTEST: ty +clerk I, Lorrie Foyzer, Citi` Clerk, City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 17th w. day of axr. 1987, by the following vote, AYES Councilmembers Larson, DeMirjyn ormse Mayor Beswick NOES: None ABSENT: Councilmember Johnson City Clerk