Section:
8.28.004 Purpose.
8.28.008 Findings.
8.28.010 Definitions.
8.28.020 Smoking prohibited in city buildings and facilities.
8.28.030 Prohibition of smoking in enclosed areas.
8.28.050 Prohibition and regulation of smoking in places of employment.
8.28.053 Prohibition of smoking in certain unenclosed areas.
8.28.055 Prohibition of smoking in outdoor cafes.
8.28.060 Exceptions to smoking prohibitions and regulations.
8.28.070 Signs and notices.
8.28.080 Administration and implementation.
8.28.090 Violations.
8.28.100 Penalties.
8.28.110 Nonretaliation.
8.28.120 Smoking prohibited by other applicable laws.
8.28.130 Severability.
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*Prior ordinance history: Ords. 1671 and 1886.
This chapter is adopted pursuant to the municipal affairs provisions of the city charter for the purpose of prohibiting smoking in most enclosed places open to the public in order to reduce the hazards which smoking causes to those persons involuntarily exposed to side-stream and secondhand smoke, and for the further purpose of prohibiting and regulating smoking in places of employment also for the protection of those employees who are involuntarily exposed to side-stream or secondhand smoke.
(Adopted by initiative, dated 11/3/92 (part))
The city council finds as follows:
A. That tobacco smoke is a major contributor to indoor air pollution;
B. That breathing side-stream or secondhand tobacco smoke is a cause of disease, including lung cancer in nonsmokers;
C. That persons at special risk from the breathing of side-stream or secondhand smoke include pregnant women, children, elderly persons, persons with cardiovascular disease, persons with impaired respiratory function, including asthmatics, and persons with obstructive airway disease;
D. That health hazards induced by breathing side-stream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, broncho-spasm and ear infections in children;
E. That persons who suffer ill effects from breathing side-stream 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; and
F. That there are numerous and credible health studies suggesting that electronic smoking devices pose significant public health and safety risks and there are minimal federal and state regulations or controls over the use of electronic smoking devices; and
G. That by reason of the foregoing, the smoking of tobacco (or other weed or plant) or of an electronic smoking device is hazardous to the health of the general public.
(Adopted by initiative, dated 11/3/92 (part), Ord. 2465 §1)
Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:
A. “Bar” means any establishment open to and used by the general public which is devoted to the service of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages, and any portion of such establishment, including any portion of a restaurant, which is devoted to the service of alcoholic beverages, in which the service of food is only incidental to the consumption of such beverages and which is within an enclosed area which separates the bar from the other areas of the establishment.
B. “Employee” means any person who regularly performs services for an employer either for compensation or as a noncompensated volunteer.
C. “Employer” means any person, partnership, corporation, unincorporated association and/or any nonprofit organization which employs or otherwise uses the services of one or more employees.
D. “Enclosed area”' means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows or other impermeable surfaces which extend from the floor to the ceiling except for doors or similar openings used for ingress or egress.
E. “Health officer” means the city health officer; provided, that where the city council has consented by ordinance or resolution to the enforcement of public health laws in the city by the Butte County health officer, the term "health officer" shall mean the Butte County health officer.
F. “Place of employment” means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including but not limited to, work areas, individual and group offices, employee lounges, restrooms, conference rooms, classrooms and employee cafeterias and hallways.
G. “Public place” means any establishment or facility area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, professional offices, public transportation facilities, recreation and sports facilities, restaurants, retail food production and marketing establishments, retail service establishments, retail stores and theaters.
H. “Restaurant” means any establishment or portion of an establishment, other than a bar or portion of a restaurant used as a bar, which is open to and used by the general public and which is devoted to the service of food and/or beverages.
I. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory. Smoke includes, but is not limited to, tobacco smoke, electronic smoking device vapors, and marijuana smoke.
J. “Smoking” means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette of any kind, or an operating electronic smoking device.
K. “Electronic Smoking Device” means any electronic or battery-operated device that delivers vapors for inhalation. This term includes every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Electronic Smoking Device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of disease.
(Adopted by initiative, dated 11/3/92 (part), Ord. 2465 §2)
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