8.28.030 Prohibition of smoking in enclosed areas.

   A.   Except as otherwise hereinafter provided by this chapter, smoking shall be prohibited in the enclosed areas of all public places located within the city, including but not limited to the enclosed areas of the following public places:

      1.   The hallways, waiting rooms, examination rooms, rooms used for treatment, wards and semi-private rooms of health facilities, including but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices;

      2.   Any portion of a grocery store, supermarket or other retail food marketing establishment which is open to and used by the general public;

      3.   Any portion of a museum, gallery or library which is open to and used by the general public;

      4.   Any portion of a theater, auditorium, or hall which is open to the general public, and used for exhibiting a motion picture, live theatrical performance, lecture, musical recital or similar performance;

      5.   Any portion of a building owned and/or operated by a public agency or entity which is open to and used by the general public and is subject to the jurisdiction of the city;

      6.   Any elevator or restroom open to and used by the general public;

      7.   Any bus, taxicab or other means of public transportation which is subject to the jurisdiction of the city, and any ticket, boarding or waiting area of a public transit depot;

      8.   Any common area in an apartment building, condominium, congregate care facility, nursing home or day care facility;

      9.   Any recreation or sports facility, including but not limited to gymnasiums, enclosed swimming pools, roller skating and ice skating rinks, bowling alleys, pool halls, health spas and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic activities or witness sports events;

      10.   Any service line where one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money;

      11.   Any restaurant or bar; and

      12.   Any other business or establishment or portion of a business or establishment which is open to and used by the general public, including but not limited to retail stores, hotels and motels.

   B.   Notwithstanding the provisions of this section, the owner, operator, manager or other person who controls the enclosed area of any establishment described in this section may declare the entire establishment as a nonsmoking area.

(Adopted by initiative, dated 11/3/92 (part); amended by initiative, dated 11/5/96)

8.28.050 Prohibition and regulation of smoking in places of employment.

   It shall be the responsibility of employers to provide a smoke free work place for all employees. To carry out this responsibility each employer operating a place of employment within the city shall, on or before February 1, 1993, adopt, make known, implement and maintain a smoking policy prohibiting smoking within all enclosed places located at a place of employment without exception. This includes common work areas, individual and group offices, employee lounges, employee restrooms, conference rooms, classrooms, employee cafeterias, hallways and all other enclosed facilities. The smoking policy required by this section shall be communicated to all employees within three weeks of its adoption and employers shall supply a written copy of such smoking policy upon request of any existing or prospective employee.

(Adopted by initiative, dated 11/3/92 (part))

8.28.053 Prohibition of smoking in certain unenclosed areas.

   Smoking shall be prohibited in all unenclosed areas located within 20 feet of the doorway or operable window, or other opening, into any enclosed area, place of employment or outdoor café in which smoking is prohibited by this chapter, except while actively passing by on the way to another destination and provided that smoke does not enter any of those areas where smoking is prohibited.

(Ord. 2437)

8.28.055 Prohibition of smoking in outdoor cafés.

   Smoking shall be prohibited in all outdoor cafés authorized to serve alcoholic beverages pursuant to a licence granted under Chapter 14.70.

(Ord. 2409 §1)

8.28.060 Exceptions to smoking prohibitions and regulations.

   Notwithstanding anything herein to the contrary, the following areas shall not be subject to the smoking prohibitions and regulations provided for in this chapter:

   A.   Private residences, other than portion of a private residence used as a child care or health care facility;

   B.   Hotel and motel rooms rented to guests;

   C.   Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia, including but not limited to electronic smoking devices;

   D.   Restaurant, hotel and motel conference or meeting rooms, and other assembly rooms when being used for private functions.

(Adopted by initiative, dated 11/3/92 (part), amended by initiative, dated 11/5/96, Ord. 2465 §3)

8.28.070 Signs and notices.

   “No Smoking” signs, 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 not less than four inches in diameter with a red bar across it), shall be conspicuously posted in every enclosed area where smoking is prohibited by this chapter, by the owner, operator, manager or other person having control of such enclosed area. In addition, every restaurant shall have posted at every restaurant entrance a conspicuous sign clearly stating that smoking is prohibited in the restaurant.

(Adopted by initiative, dated 11/3/92 (part))

8.28.080 Administration and implementation.

   A.   The health officer shall administer the provisions of this chapter and may, at the health officer’s sole discretion, take any of the following actions to enforce the provisions of this chapter:

      1.   Service of a notice upon a person violating the provisions of this chapter requiring the correction of such violation;

      2.   Commencement of a civil action in a court of appropriate jurisdiction to enjoin violation of the provisions of this chapter or otherwise require compliance herewith; and

      3.   Initiation of criminal proceedings to assess any of the penalties hereinafter provided by this chapter.

   B.   The health officer or fire chief may require, when an enclosed area or place of employment is undergoing an otherwise mandated inspection, a "self-certification" from the owner, manager, operator or other person having control of such area or place of employment that the enclosed area or place of employment fully complies with the requirements of this chapter.

   C.   The owner, manager, operator or other person having control of an enclosed area or place of employment shall inform any person violating this chapter, or any employer’s smoking policy adopted pursuant to this chapter of the appropriate provisions hereof.

   D.   A private citizen may also commence a civil action in a court of appropriate jurisdiction to enjoin violation of this chapter or otherwise require compliance herewith.

(Adopted by initiative, dated 11/3/92 (part))