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HomeMy WebLinkAboutOrdinances_2015_CCv0001.pdf ORDINANCE NO. 2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF REDLANDS AMENDING THE REDLANDS MUNICIPAL CODE TO REGULATE SMOKING IN PUBLIC PLACES ANIS PLACES OF EMPLOYMENT ANIS REPEALING ORDINANCE NO. 1976 THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: SECTION l : Chapter 8. 54 is hereby added is they Redlands Municipal Cade to read as fellows: "CHAPTER 8.54 SMOKING PROHIBITIONS SECTIONS 8 . 54. 010 Purpose and Findings . 8. 54..028 Definitions,. 8. 54,.831 Regulation of Smoking in City-owned Facilities.. 8. 54.040 Prohibition of Smoking in Certain Enclosed Places. 8. 54. 050 Prohibition; of Smoking in Health Facilities:. 8 . 54. 060 Regulation of Smoking in Eating Establishments. 8. 54.070 Regulation of Smoking in Places of Employment . ent 8. 54.088 Smoking;: Optional Areas. 8.54.090 Posting Requirements . 8.54.100 Enforcement . 8. 54.110 Penalties. 8. 54 ;120 tither Applicable Laws 8 . 54 ..130 Severability-. 8.54.010 Purpose and Findings. The City Council of the City of Redlands does hereby find that: (a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and (b) Reliable studies have shown that breathing side-stream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and indi- viduals with impaired respiratory function, including asth- matics and those with obstructive airway disease; and (c) Health hazards induced by breathing side- stream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respira- tory function, broncho constriction, broncho spasm; and (d) Non-smokers with allergies, respiratory disease and those who suffer other ill effects of breathing side-stream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick cleave because of adverse reactions to same; and (e) The Surgeon General of the United States has advised non-smokers to avoid exposure to tobacco smoke wherever possible, and,> in particular, to protect infants and children from this smoke; and ( f) The smoking of tobacco, or any other weed or plant, is a proven danger to health. Accordingly, the City Council declares that the purpose of this Ordinance is to protect the health, safety and general welfare of the residents of, persons employed in, and persons who frequent this City who would benefit by the regulation of smoking in designated enclosed places, including places of employment . 8.54.020 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 devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. -2- (b) "Concourse', means the open area of a bowling alley where people not participating in the sport gather . This area does not include the area beyond the first step to the lower level of a bowling alley extending forward through the bowling lanes . (c) "Employee" means any person who is employed by any employer in consideration for direct or indirect mone- tary wages or profit . (d) "Employer" means any person, partnership, corporation, including municipal corporation or public entities, who employ the services of more than three ( 3 ) persons . (e) "Enclosed" means closed in by roof and four walls with an appropriate opening for ingress and egress . ( f) "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, conference rooms, and employee cafeterias . (g) "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. 8.54.030 Regulation of Smoking in City-Owned Facilities. All enclosed facilities owned by the City of Redlands shall be subject to the provisions of this article. 8. 54.040 Prohibition of Smoking in Certain Enclosed Places. Except as provided in Section 8 . 54 . 080, smoking shall be prohibited in the following places within the City: (a) All enclosed areas available to and custo- marily used by the general public, and all public areas within businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharm- acies, child care facilities, banks, and offices. (b) Elevators, public restrooms, indoor service lines, buses, taxicabs, and other means of public transit -3- 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 prohi- bition does not prevent : (1) the establishment of separate waiting areas for smokers and non-smokers , and ( 2) the establishment of at least fifty percent ( 50%) of given waiting area as a non-smoking 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 performances, ballets, 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 food and drink, restrooms 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 con- ducted, 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 public agency, which are avail- able to the general public and are customarily used by the general public, to the extent that the same area is subject to the jurisdiction of the City. (h) Polling places. ( i) Bowling establishments within the City, except the concourse, coffee shop, game room, pool room and cocktail lounge areas . Notwithstanding any other provision of this section, any owner, operator , manager, or other person who controls any establishment described in this section may declare that entire establishment or any specifically defined portion thereof, as a non-smoking establishment . -4- 8.54.050 Prohibition of Smoking in Health Facilities. (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 . ( b) In bed space areas of health facilities used for two or more patients, smoking shall be prohibited, except the facility may, at its option, permit smoking in a room, provided that all patients within the room have made a written request upon the health facility' s admission form to be placed in a room where smoking is permitted. ( c) Health facilities shall also be subject to the provisions of Section 8. 54.070 regulating smoking in places of employment . 8.54.060 Regulation of Smoking in Eating Establishments. 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 establish- ment maintaining a contiguous no smoking area or separate no smoking rooms containing at least fifty percent ( 50%) 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 of an indoor eating establishment used as a bar is excluded from the restrictions of this section. 8.54.070 Regulation of Smoking in Places of Employment. (a) It shall be the responsibility of employers to provide smoke-free areas for non-smokers within facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing thsse areas. (b) Within ninety (90) days of the effective date of this Ordinance, each employer and each place of employ- ment located within the City shall adopt, implement, 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, -5- and in any space in use for employee conferences, meetings or classes, except for a private enclosed office or a room occupied exclusively by ,smokers . ( Any employee in a place of employment shall have the right to designate his or her immediate work area as a non-smoking area and to post the sane with an appro- priate 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. " ( ) In any dispute regarding the implementa- tion of the employers smoking policy, 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 less than 40of the seating capacity and floor space in cafeterias, lunchrooms,, and employee lounges. ( 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 employees 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 ing area. (e) Employees whose work area is divided into a public area and a plane of employment which is cuff limits to the public, shall be allowed to smoke in their place of employment at a reasonable distance from the public area, unless otherwise designated by the employer . - - 8.54-080 Smoking: Optional Areas. 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) Hotel and motel rooms rented to guests . (d) Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia. (e) Restaurants , 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 may be visited by non- smokers, and a private enclosed office, excepting places in which smoking is prohibited by the Fire Department or by any other law, ordinance or regulation. 8.54.090 Posting Requirements. "Smoking" or "No Smoking" signs, whichever are appropriate, preferably with letters of not less than one inch (11 ) in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it ) , preferably citing Redlands Municipal Code Article Chapter 8.54 shall be clearly, sufficiently and conspicu- ously posted in every building or other place where smoking is controlled by this article, by the owner , operator, manager, or other person having control of such building or other place. Every restaurant and bowling establishment regu- lated by this Chapter shall have posted at their entrance a sign clearly stating that a non-smoking section is avail- able. Restaurants which hire employees to seat patrons shall be required to ask each patron his or her seating preference. -7- 8.54.100 Enforcement. (a) Administration of this Ordinance shall be by the City Manager or his designees. (b) Any citizen who desires to register a com- plaint 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 a restraining order , preliminary or permanent injunction or any other manner provided by law for the abatement of such nuisance. (d) Any owner , manager, operator or employer of any establishment controlled by this Ordinance may inform persons violating this Ordinance of the appropriate provi- sions thereof. 8;54 110 Penalties. (a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this Chapter to fail to: properly post signs required hereunder ; provide signs for the use of employees in designating their non-smoking areas; properly set aside "No Smoking" areas; adopt a smoking restriction policy; or comply with any other 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 Sub- sections (a) or (b) herein, or any other provision of this Chapter, shall be guilty of an infraction, punishable by a fine not to exceed $500 .00 . 8.54.120 Other Applicable Laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by law. 8. 4.130 Severability. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be other- wise 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 Article are declared to be severable . " SECTION That Ordinance No. 1976 is hereby repealed. SECTION 3 . This Ordinance shall be in force and take effect as provided bylaw. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall certify to the adaption of this Ordi- nance and cause it to be published in the Redlands Daily Facts, a newspaper of general circulation printed and pub- lished in this City. Payor of the City of Redlands, California ATTEST City Jerk o % City of Redlands, California. T4 I , Lorrie Poyzer, City Clerk of the City of Redlands , hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 5th day of April —, 1988 , by the following vote : AYES: Councilmembers Wormser, DeMirjyn, Cunningham; Mayor Beswick NOES: None ABSENT: Councilmember Johnson Cl-tyerk Cj _10-