CHAPTER 8.7. [SMOKING]
(a) Smoking is the leading cause of preventable death in the United States and California. Smoking kills more than 480,000 Americans each year, including secondhand smoke that kills approximately 41,000 Americans who do not smoke.
(b) The United States Surgeon General concluded in 2006 that there is no safe level of exposure to secondhand smoke.
(c) The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure.
(d) The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm.
(e) Secondhand smoke is responsible for as many as 7,300 deaths from lung cancer and 34,000 deaths from heart disease among adult nonsmokers each year in the United States. Secondhand smoke is particularly hazardous to individuals with cardiovascular disease, and individuals with impaired respiratory function, including those with asthma or obstructive airway disease.
(f) Exposure to secondhand smoke can occur at significant levels outdoors, and secondhand exposure can reach levels attained indoors depending on direction and amount of wind, and number and proximity of smokers.
(g) Californians working in the service and hospitality industry have much greater exposure to secondhand smoke when there is an outdoor dining area at their workplace because State law does not regulate smoking in outdoor dining areas to the same extent as indoor dining areas.
(h) Aerosols created by electronic smoking devices contain varying concentrations of particles and chemicals; some studies found particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke.
(i) For the reasons stated above, smoking in and around public outdoor dining areas is a public nuisance.
(j) It is the intent of the Board to provide for the public health, safety, and welfare, by reducing secondhand smoke exposure in public outdoor dining areas.
(Added by Ord. No. 10647 (N.S.), effective 2-27-20)
(a) "Outdoor dining area" means any portion of a permitted food facility that contains areas designated, established, or regularly used for consuming food or drink outdoors, in a covered area, or otherwise outside the confines of the interior premises.
(b) "Shisha" means a flavored smoking product that is traditionally mixed with molasses, honey, fruit pulp, or dried fruits and is sold for use in a water pipe known as a hookah.
(c) "Smoking" has the meaning set forth in section 22950.5 of the California Business and Professions Code.
(Added by Ord. No. 10647 (N.S.), effective 2-27-20)
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