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HomeMy WebLinkAbout71.29 ORDINANCE NO. 71.29 AN ORDINANCE OF THE CrrY OF SARATOGA AMENDING ARTICLE 7-35 OF THE crrY CODE TO PROI=[IBfF AI, lD REGULATE SMOKING ~ CERT_~II',I PLACES The City Council of the City of Saratoga hereby ordains as follows: SECTION h Article 7-35 in Chapter 7 of the City Code is amended to read as follows: "ARTICLE 7-35 REGULATION OF SMOKING IN CERTAIN PLACES S6ctions: 7-35.010 Findings and purposes of Article 7-35.020 Definitions 7-35.030 Smoking prohibited 7-35.040 Regulation of smoking in the workplace 7-35.050 Smoking permitted 7-35.060 Posting of signs 7-35.070 Unlawful acts 7-35.080 Enforcement 7-35.090 Violations of Article *** S ?-35.010 lqndin~ and purposes of Article The City Council finds and determines that there is an overwhelming body of evidence indicating the adverse effects of tobacco smoke on the health and physical comfort of people. The purposes of this Article are to protect the public health and welfare by prohibiting or regulating smoking in certain places and to strike a reasonable balance between the needs of persons who smoke and the needs of non- smokers to breathe smoke-free air, and to recognize that where these needs conflict, the need to breathe smoke-free air shall have priority. S 7-35.020 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: Rev. 10/14/87 -1- (a) Bar means an area or a room utilized primarily for the sale or serving of alcoholic beverages for immediate consumption by guests on the premises !and in which the sale or serving of food is merely incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. (b) Di~ area means an enclosed area containing tables or counte~s upon which meals are served for immediate consumption by guests on the premises.' (c) Enel~(1 means closed in by a roof and by walls on at least three s!des. (d) Open to the p~lic means an enclosed area which is available for use by or accessible to the general public during normal course of business conducted by either public or private entities. ~ (e) Restaurant means any establishment which gives, sells or offers ~or sale to the public any food for immediate consumption on the premises. The term includes, but is not limited to, any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, public or private lunchroom or dining room. A tavern or cocktail lounge which constitutes a "bar," as defined in Paragraph (a) of this Section, shall not be considered a restaurant. (f) Retail tobacco store means a retail establishment engaged primarily in the sale of tobacco products and tobacco accessories and the sale of other products is merely incidental. (g) Smoke or smoking means inhaling, exhaling, burning or carrying any lighted tobacco product or other combustible weed, plant or substance. (h) Workl~lace means an enclosed area of a structure or portion thereof which is utilized primarily for the conduct of a business or other enterprise.. § 7-35.030 Smoking prohibited It shall be unlawful to smoke in any of the following places within the ~ity: (a) Restm~ra~ts. Smoking is prohibited in every restaurant having a seating or occupancy capacity of fifty or more persons, excluding from that calculation of capacity any area which is located outdoors and any area which is utilized for bar purposes; provided, however, this prohibition shall not apply to any such restaurant maintaining a contiguous non-smoking area of not less than two-thirds of~both the seating capacity and the floor space in which customers are being served, excluding outdoor areas and areas utilized for bar purposes; nor shall this prohibition apply to any rooms being used for private functions, but only while such rooms are used for such private functions. Any restaurant having a seating or occupancy ca~pacity of less than fifty persons may either prohibit smoking in the entire area or permit smoking in any portion or all of the entire area. At the request of a patron, the patron shall be seated in a non-smoking area if available. ~ (b) Elevntor~. Smoking is prohibited in all elevators in buildings open to the public, including elevators in office, hotel and apartment buildings irrespective of the number of units within such buildings. Rev. 10/14/87 -2- (c) Health care facilities. Smoking is prohibited in all areas open; to the public, including lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical office, nursing or convalescent home or other health care facility; provided, however, such facility may designate separate, contained areas where smoking is permitted. If the facility contains a cafeteria or other form of restaurant, as defined in Section 7-35.020 (f), such restaurant shall comply with the regulations set forth in Paragraph (a) of this Section. Smoking is further prohibited in any room occupied by two or more patients of a health care facility d~scribed herein, unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted. (d) Public meeting rooms. Smoking is prohibited in meeting rooms, !hearing rooms, conference rooms, chambers and other enclosed places of public assembly in which the business of the City is conducted by any elected or appointed official, council, commission, committee, or board which requires or permits~ direct participation or observation by the general public. (e) Public lobbies and Imliways. Smoking is prohibited in lobbies, hallways and other enclosed areas of City owned or controlled buildings which are open to the public; provided, however, where a lobby or hallway is immediately adjacent and incidental to a place of public assembly where smoking is prohibited, as described in Paragraph (d) of this Section, smoking may be permitted in such lobby or hallway. (f) Theatres and auditoriums. Smoking is prohibited within all parts of any building which is used primarily for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance, which parts are open to the public, and within any room, hall or auditorium that is occasionally used for exhibiting any motion picture, stage drama, dance, musical performance, or other similar peformance during the time that said room, hall or auditorium is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production; and provided, further, that !smoking may be permitted in a designated portion of a lobby containing no more than fifty percent of the total lobby area in the building. (g) Museums, libraries and gelleries. Smoking is prohibited in all ~reas of museums, libraries, and galleries which are open to the public; provided, however, this prohibition does not prevent the designation of a separate room or area for smoking. (h) Hotel anal motel lobbies. Smoking is prohibited in the ldbby and registration areas of hotels and motels open to the public; provided, however, that smoking may be permitted in a designated contiguous portion of a lobby or registration area which contains not more than fifty percent of the totalS lobby or registration area within the establishment. (i) Public restrooms. Smoking is prohibited in public restrooms. (j) Business establishments. Smoking is prohibited within all enclosed areas open to the public in business establishments providing goods or services to the general public and not otherwise mentioned in this Section, includingi but not limited to, retail service establishments as defined in Section 15-06,560 of this Code, personal service establishments as defined in Section 15-06.500 of this Code, financial institutions as defined in Section 15-06.270 of this Code, and offices as Rev. 10/14/87 -3- defined in Section 15-06.480 of this Code; provided, however, that smoking shah be permitted in enclosed walkways, corridors, malls and other areas between individual business establishments unless otherwise posted as "no smoking" by the operators of such areas; and provided further, that this prohibition shah not apply to any business establishment listed in Section 7-35.050 of .this Article. Areas "open to the public" wherein smoking is prohibited under this Paragraph shah not include private offices of individual businesspersons to which clients or customers are admitted only by specific invitation or appointment. (k) Desig~ate~ no~-smoki~g are~m. Notwithstanding any other provision of this Section, any owner, operator, manager or other person who controls the use of any establishment described in this Section may declare that entire establishment as a non-smoking area. In addition, any owner, operator, manager or other person who controls the use of any public or private establishment which is not described in this Section may declare any portion or all of such establishment as a non-smoking area and upon the posting of appropriate signs, smoking shall be prohibited in such areas. ~ 7-35.040 Regulation of smoking in the workplace (a) Ten or more employees. Every employer who regularly employs ten or more employees shah adopt, implement and maintain a written smoking policy, which shall at a minimum contain the following: (1) Prohibition of smoking in conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators. (2) Provision and maintenance of a contiguous non-smoking area of not less than two-thirds of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges; provided that with respect to employee lounges, where there is more than one such lounge in any building, an employer may designate not less than half the number of such lounges as non-smoking areas. (3) Any employee in the office workplace shall be given the right to designate his or her immediate area as a non-smoking area and to post it with appropriate signage, to be provided by the employer. 'The policy adopted by the employer shall include a definition of the term "immediate work area" which gives preferential consideration to non-smokers. (4) In any dispute arising under the smoking policy, the rights of the non-smoker shall be given precedence. (5) In addition to the specific areas described above, every employer shall have the right to designate any portion or all of a workplace as a non-smoking area. (b) Less tha~ ten employees. Any employer who regularly employs less than ten employees may voluntarily adopt, implement and maintain a written smoking policy designating certain areas of the workplace as either smoking or non-smoking areas. The policy may contain any or all of the provisions set forth in Paragraph (a) of this Section, and such other provisions as the employer may deem appropriate. Rev. 10/14/87 -4- (c) Communication to employees. A smoking policy established pursuant to Paragraph (a) or (b) of this Section shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter. S 7-35.050 Smoking permitted (a) Smoking is not prohibited within any of the following places: (1) Bars. (2) Retail tobacco stores. (3) An entire room or hall which is used for a private function which function is under the control of the sponsor of the function and not under the control of the owner or manager of the room or haft, but only while such room or hall is used for a private function. The fact that the owner or manager of the room or hall provides food or entertainment to the participants of a private function does not mean that said owner or manager has control of the function. (4) Hotel and motel rooms rented to guests. (5) A private enclosed workplace occupied exclusively by smokers, even though such workplace may be visited by non-smokers. (6) Any property owned or leased by County, State or federal government entities. (7) Any areas not generally open to the public, except as otherwise provided in Section 7-35.040. (b) Notwithstanding the foregoing, any owner, operator, manager or other person who controls the use of any public or private establishment or place described in Paragraph (a) of this Section may voluntarily designate any portion or all of such establishment or place as a non-smoking area. S 7:35.060 Posting of signs (a) "Smoking" or "No Smoking" signs, whichever may be applicable, with letters of not less than two inches in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is regulated by this Article. In addition, at every public entrance to a restaurant, a sign shall be posted indicating whether the dining area has been divided into smoking and non-smoking sections or whether smoking has been prohibited or is permitted throughout the entire dining area. (b) Any ashtray located in a non-smoking area must have a sign conspicuously posted within one foot of the ashtray with letters of not less than two inches in height stating "Smoking Prohibited - Extinguish Here," or language with equivalent meaning. Rev. 10/14/87 -5- (c) It shall be the responsibility of the owner, operator, manager or other person who controls the use of any place where smoking is regulated by this Article to post the signs required by this Section. ~: 7-35.070 Unlawful acts (a) It shall be unlawful for any person to smoke in a place where smoking is prohibited pursuant to this Article. (b) It shall be unlawful for any person who owns, operates, manages or controls the use of any place where smoking is prohibited or regulated under this Article to fail to: properly set aside required "no smoking" areas; to properly post any signs required by Section 7-35.060; to provide signs for the use of employees in designating their area; to adopt a smoking restriction policy, or to comply with any other requirements of this Article. S 7-35.080 Enforcement The City Manager, the Community Services Director and aH Community Service Officers are authorized to enforce the provisions of this Article. Any owner, operator, manager, employee, guest or customer of any establishment regulated by this Article shah have the right to inform persons violating this Article of the appropriate provisions contained herein. S 7-35.090 ViolaUons The violation of any provision contained in this Article shall constitute an infraction and a public nuisance, subject to the penalties as set forth in Chapter 3 of this Code." SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shah not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unco~situtional. Rev. 10/14/87 -6- 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 held on the 21st day of October ., 1987, by the following vote: AYES: Councilmembers Anderson, Clevenger, Hlava, Foyles, and Mayor Peterson NOES: None ABSENT: None M~fYOR ATTEST: CITY CLERK The above and foregoing is a true and correct copy of O.-; .:~..- '7l,~/ which has been Rev. 10/14/87 -7-