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(A) The City Council finds that:
(1) The U. S. Environmental Protection Agency has determined that tobacco smoke is the major contributor of particulate indoor air pollution;
(2) Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard, in particular for elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;
(3) Health hazards induced by breathing sidestream or secondhand smoke include heart disease, lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm;
(4) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same;
(5) The smoking of tobacco, or any other weed or plant, is a danger to health;
(6) The health care costs and lost productivity incurred by smoking-related disease and death represent a heavy and avoidable financial drain on our community; and
(7) The free distribution of cigarettes and other tobacco products is aimed at encouraging people to begin smoking and using tobacco products and tempts those who quit smoking to begin smoking again.
(B) Purpose. The compelling purpose and intent of this chapter includes, but is not limited to, promoting the health, safety, and welfare of all people in the community against the health hazards and harmful effects of the use of addictive tobacco products.
('66 Code, § 6-8.01) (Ord. 869-C-S, passed 9-23-93)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AREA OPEN TO THE PUBLIC. Any area available to and customarily used by the general public.
BAR. 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 (Department of Alcoholic Beverages Control Type 61, 42 or 48 licenses). That area of a restaurant which is devoted to the serving of alcoholic beverages and in which the service of food may be only incidental to the consumption of such beverages shall also be considered a bar. An area in which food service is only incidental shall not exceed 40% of a restaurant's total seating capacity, or shall encompass only those areas in which gross receipts of the restaurant from food do not exceed 40%. The operator of each restaurant shall designate by which method it determines its bar area.
BOWLERS' SETTEE. The area immediately behind the bowling line in which score is kept and seating is provided for bowlers waiting their turn to bowl.
BOWLING CENTER CONCOURSE. That area separated from the bowling lane, bowlers' settee and visitors' settee by at least one step or a physical barrier.
BOWLING LANE. The bowler’s approach, the foul line and the lanes.
CHARACTERIZING FLAVOR. A taste or aroma other than the taste or aroma of tobacco, imparted either prior to or during consumption of tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herb, or spice, provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
CIGAR. Any roll of tobacco, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing more than three pounds per thousand.
DISTRIBUTE. To give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
EMPLOYER. Any person, partnership, corporation, including municipal corporation or public entity, who employs the services of two or more persons or two or more people conduct business within the establishment.
ENCLOSED. Closed in by a roof and walls with appropriate openings for ingress and egress.
GENERAL PUBLIC. Shoppers, customer, patrons, patients, students, clients and other invitees of a commercial enterprise or nonprofit entity.
LITTLE CIGAR. Any roll of tobacco, with or without a filter, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing no more than three pounds per thousand. LITTLE CIGAR includes, but is not limited to, any tobacco product known or labeled as "small cigar" or "cigarillo."
PLACE OF EMPLOYMENT. 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. A private residence is not a place of employment unless it is used as a child care or health care facility.
SMOKING. 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 including, but not limited to, tobacco, cannabis, or any other weed or plant. SMOKING shall also include the use, whether by vaping or other means, of an “electronic cigarette” or “e-cigarette” (such as an electronic and/or battery-operated device) the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. ELECTRONIC CIGARETTE or E-CIGARETTE also includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other similar product name or descriptor.
SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling centers, halls, and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events.
VENDING MACHINE. Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin, paper bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories.
VISITORS’ SETTEE. Seating provided immediately behind the bowlers’ settee.
(‘66 Code, § 6-8.02) (Ord. 869-C-S, passed 9-23-93; Am. Ord. 2196-C-S, passed 6-8-21; Am. Ord. 2207-C-S, passed 3-8-22)
Smoking is prohibited in all buildings, vehicles and other enclosed areas occupied by city employees, owned or leased by the city, or otherwise operated by the city.
('66 Code, § 6-8.03) (Ord. 869-C-S, passed 9-23-93) Penalty, see § 6-8.10
(A) Smoking is prohibited in the following places within the city:
(1) In all enclosed areas available to and customarily used by the general public and all businesses patronized by the public, including, but not limited to, retail stores, the common areas of hotels and motels, pharmacies, banks, shopping malls, and other offices;
(2) All restaurants. The owner or operator of the restaurant shall post signs as prescribed by § 6-8.07(A) and remove all ashtrays from tables and counter(s);
(3) Waiting rooms, hallways, wards, and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices, except that health facilities shall also be subject to the provisions of § 6-8.05 regulating smoking in places of employment;
(4) Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transit under the authority of public entities, and in ticket, boarding, and waiting areas of public transit facilities; provided, however, this prohibition does not prevent the establishment of separate waiting areas of smokers of non-smokers, provided at least 60% of a given waiting area shall be designated as a non-smoking area;
(5) In the public area(s) of museums and galleries;
(6) Theaters, auditoriums, concert facilities and halls which are used for motion pictures, stage dramas and musical performances, ballets or other exhibitions, both indoor and outdoor, except when smoking is part of any such production; provided, however, in outdoor facilities, designated smoking areas may be provided which shall be segregated from non-smoking areas;
(7) Retail food marketing establishments, including grocery stores, and supermarkets;
(8) Public schools and other public facilities under the control of another public agency, which are available to and customarily used by the general public, to the extent that the same are subject to the jurisdiction of the city;
(9) Sports arenas, both indoor and outdoor, and convention halls, except in outdoor sports arenas, designated smoking areas may be provided which shall be segregated from non-smoking areas;
(10) Bowling centers, including, but not limited to, bowling lanes, bowlers’ settees, visitors’ settees, and game rooms; provided, however, that a designated smoking area may be provided on the bowling center concourse. The owner, manager or operator of the bowling center shall post signs as required by § 6-8.07 and removal all ashtrays from non-smoking areas;
(11) Private residences when used as child care or health care facilities. Board and care facilities shall provide smoke-free living quarters for non- smoking boarders;
(12) All city-owned facilities and any area, public or private, open to the general public for recreational purposes, regardless of any fee or age requirement, including, but not limited to parklands, including portions of parks, such as picnic areas, playgrounds, or sports fields, walking paths, hiking trails, bike paths, athletic fields, skateboard parks, amusement parks, and beaches.
(B) 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 as a non-smoking establishment.
(‘66 Code, § 6-8.04) (Ord. 869-C-S, passed 9-23-93; Am. Ord. 873-C-S, passed 10-12-93; Am. Ord. 2196-C-S, passed 6-8-21) Penalty, see § 6-8.10
(A) Smoking is prohibited in any place of employment, including, but not limited to, open office areas, shared offices and private offices occupied by employees performing clerical, technical, admini-strative or other business or work functions; and, conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways, and elevators.
(B) The provisions of this section shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.
('66 Code, § 6-8.05) (Ord. 869-C-S, passed 9-23-93) Penalty, see § 6-8.10
Notwithstanding any provision of the chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
(A) A private residence, including one which may serve as a place of employment, except when covered by § 6-8.04(A)(11);
(B) Bars, except as provided otherwise in this chapter;
(C) Licensed cardrooms;
(D) Hotel and motel rooms rented to guests; provided, however, that each hotel and motel designates not less than 30% of their guest rooms as non-smoking rooms and removes ashtrays from these rooms;
(E) Rooms in restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these rooms are being used for private functions;
(F) Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;
(G) In places of employment, employers may provide specific smoking areas for employees provided all of the following conditions are met:
(1) The smoking area shall be provided with a heating, ventilating and air-conditioning (HVAC) system designated such that none of the air from the smoking area will be recirculated into the other areas of the building.
(2) The smoking area shall be completely separated from the remainder of the building by solid partitions or glazing without openings other than doors and all doors leading to the smoking area shall be self-closing. The doors shall be provided with a gasket so installed as to provide a seal where the door meets the stop on both sides and across the top.
(3) The smoking areas shall maintain a minimum negative pressure of 0.005-inch water column relative to non-smoking areas.
(4) The employer shall submit written verification and test results to the City Manager or his/her designee prepared by a licensed mechanical contractor or engineer that the HVAC system has been designed and tested and meets the requirements set forth in subdivisions (1) through (3) of this division.
(5) If the HVAC system is part of a smoke removal system or pressurization system, any modifications to these systems to provide smoking areas will require approval from the Riverview Fire Protection District. Written verification of this approval shall be provided to the City Manager.
(6) If the specific smoking area is an employee break room, lunch room or other area which may be used by non-smoking employees, then a separate non-smoking break room, lunch room or other area shall be provided of equal or larger size and include at least equal facilities;
(H) Bingo parlors.
('66 Code, § 6-8.06) (Ord. 869-C-S, passed 9-23-93; Am. Ord. 873-C-S, passed 10-12-93) Penalty, see § 6-8.10
(A) “Smoking” or “No Smoking” signs whichever are appropriate, with letters of not less than one inch 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 diagonal bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place.
(B) Every hotel or motel regulated by this chapter will have posted at its entrance a sign clearly stating that non-smoking rooms are available, and every patron shall be asked as to his or her preference.
('66 Code, § 6-8.07) (Ord. 869-C-S, passed 9-23-93) Penalty, see § 6-8.10
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