HomeMy WebLinkAbout38.65 ORDINANCE NO. 38.65
AN ORDINANCE OF THE CITY OF SARATOGA
AMENDING THE SARATOGA CITY CODE BY ADDING ARTICLE VI TO CHAPTER 8
~' THEREOF RELATING TO'THE CONTROL OF SMOKING IN PUBLIC PLACES
The City Council of the City of Saratoga does ordain as follows:
SECTION 1. Article V/is hereby added to Chapter 8 (Health and Sanitation)
of the Saratoga City Code to read as follows:
ARTICLE VI Smoking prohibited in public places
SECTION 8.80 LEGISLATIVE FINDINGS.
The City of Saratoga finds and declares that tobacco smoke is a
nuisance and a hazard to the health of the general public.
SECTION 8.82 PROHIBITION IN CERTAIN PUBLIC PLACES~~
Smoking is hereby prohibited in the following places within the
City of Saratoga:
(a) ELEVATORS
Elevators in buildings generally used by and open to the public.
(b) PUBLIC MEETING PLACES
Such contiguous area of not less than all of the total area of
hearing rooms, chambers or places of public assembly in which public
business is conducted requiring or providing direct participation
or observation by the general public, while a public meeting is in
progress, as such areas are specifically designated, other than
that area generally designated as the lobby.
(c) HOSPITALS
In all public areas of health care facilities or hospitals including
waiting rooms, publi:c hallways and lobbies, except in specially
designated smoking areas.
(c) (I.) Every publicly or privately owned health care facility
as defined in Section 1250 of the California Health and Safety
Code, including hospitals, shall make every reasonable effort to
determine preference and to assign patients placed in bed space
utilized for two or more patients according to the patients
individual nonsmoking or smoking preference.
(c) (II.) In bed space areas utilized for two or more patients,
smoking shall be prohibited for hospital staff, visitors, or the
general public. "VISITOR SMOKING PROHIBITED" signs shall be con-
spicuously posted in all bed space areas utilized for two or more
patients.
(d) THEATERS
Within every publicly or privately owned building or enclosed
facility open to the general public for the primary purpose of
exhibiting any motion picture, stage drama, musical recital, or
any other performance, in any area other than that commonly known
as the lobby.
SECTION 8.83 POSTING OF SIGNS
(a) "NO SMOKING" signs shall be conspicuously posted in every
room, building or other area where smoking is prohibited by this
Ordinance, by the owner, operator, manager, or other person having
control of such room, building or other place.
(b) Every motion picture theater shall also post signs con-
spicuously in the lobby stating that smoking is not allowed within
the theater auditorium and shall indicate on the movie screen prior
to each feature motion picture that smoking is prohibited.
SECTION 8.84 INFRACTION AND PENALTIES
(a) Any owner, manager or officer of any place designated
Section 8.82 who fails to designate and post by sign as required
any area where smoking is prohibited, and any person who smokes in
any area designatedby this section as a nonsmoking area with knowledge
that such area is a nonsmoking area or an area where smoking of
tobacco is prohibited, shall be guilty of an infraction punishable by
a fine of not more than fifty dollars ($50).
SECTION 2. SEVERABILITY
If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the act which can be Oiven effect without the
invalid provision or application, and to this end the provisions of this act
are severable.
The above and foregoing ordinance was regularly introduced, and after
the waiting time required by law, was thereafter passed and adopted at a regular
meeting of the City Council of the City of Saratoga on the 4th day of June ,
1975, by the following vote:
AYES: Councilmen Bridges, Brigham, Kraus, Corr, Matteoni
NOES: None
ABSENT: None
ATTEST~Ci.~ CLE~~.~=~
;. w?,ich has been
publishsd according to law.
'Deputy City Clerk Dat~