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))

8.28.090 Violations.

   A.   It is unlawful for any person who owns, manages, operates or otherwise controls the use of any enclosed area or place of employment subject to the provisions of this chapter to fail or refuse to:

      1.   Adopt or implement the employer's no smoking policy required by this chapter;

      2.   Provide or post the signs or give the notices required by this chapter; or

      3.   Otherwise comply with any other requirements of this chapter.

   B.   It is unlawful for any person to smoke in any area in which smoking is prohibited by the provisions of this chapter.

   C.   It is unlawful for any person to mutilate or destroy any signs posted pursuant to the provisions of this chapter.

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

8.28.100 Penalties.

   Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof, shall be punished by:

   A.   A fine, not exceeding $100, for the first violation;

   B.   A fine, not exceeding $200, for the second violation occurring within the same year, and

   C.   A fine, not exceeding $500, for the third and any additional violation occurring within the same year.

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

8.28.110 Nonretaliation.

   No employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right afforded by this chapter.

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

8.28.120 Smoking prohibited by other applicable laws.

   This chapter shall not be interpreted or construed to permit smoking where it is otherwise prohibited by other applicable laws or regulations.

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

8.28.130 Severability.

   If any provisions or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the other provisions or clauses of this chapter or application thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.

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