ARTICLE 19:
SMOKING POLLUTION CONTROL

 

Sec. 1000.	Title.
Sec. 1001.	Purpose.
Sec. 1002.	Definitions.
Sec. 1003.	Regulation of Smoking in the Office Workplace.
Sec. 1004.	Where Smoking Not Regulated.
Sec. 1005.	Penalties and Enforcement.

 

SEC. 1000. TITLE.

   This Article shall be known as the Smoking Pollution Control Ordinance.

(Added by Proposition P, 11/8/83)

SEC. 1001. PURPOSE.

   Because the smoking of tobacco or any other weed or plant is a danger to health and is a cause of material annoyance and discomfort to those who are present in confined places, the Board of Supervisors hereby declares that the purposes of this Article are (1) to protect the public health and welfare by regulating smoking in the office workplace and (2) to minimize the toxic effects of smoking in the office workplace by requiring an employer to adopt a policy that will accommodate, insofar as possible, the preferences of nonsmokers and smokers and, if a satisfactory accommodation cannot be reached, to prohibit smoking in the office workplace.

   This ordinance is not intended to create any right to smoke or to impair or alter an employer's prerogative to prohibit smoking in the workplace. Rather, if an employer allows employees to smoke in the workplace, then this ordinance requires (1) that the employer make accommodations for the preferences of both nonsmoking and smoking employees, and (2) if a satisfactory accommodation to all affected nonsmoking employees cannot be reached, that the employer prohibit smoking in the office workplace.

(Added by Proposition P, 11/8/83)

SEC. 1002. DEFINITIONS.

   For the purposes of this Article:

   (1)   "City" means the City and County of San Francisco;

   (2)   "Board of Supervisors" means the Board of Supervisors of the City and County of San Francisco;

   (3)   "Person" means any individual person, firm, partnership, association, corporation, company, organization, or legal entity of any kind;

   (4)   "Employer" means any person who employs the services of an individual person;

   (5)   "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit;

   (6)   "Office Workplace" means any enclosed area of a structure or portion thereof intended for occupancy by business entities which will provide primarily clerical, professional or business services of the business entity, or which will provide primarily clerical, professional or business services to other business entities or to the public, at that location. Office workplace includes, but is not limited to, office spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes;

   (7)   "Smoking" or "to smoke" means and includes inhaling, exhaling, burning or carrying any lighted smoking equipment for tobacco or any other weed or plant; and

   (8)   "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.

(Added by Proposition P, 11/8/83)