Banning Municipal Code Ch. 8.56 Smoking

The city council of the City of Banning does hereby find that:

A. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution.

B. Reliable studies have shown that breathing side-stream or secondhand smoke is a significant health hazard, especially for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function.

C. Health hazards induced by breathing sidestream or secondhand smoke including lung cancer, respiratory infection, decreased respiratory function, bronchoconstriction, and bronchospasm.

D. Nonsmokers with allergies, respiratory disease and those who suffer other ill effects of breathing sidestream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions.

E. The Surgeon General of the United States had advised nonsmokers to avoid exposure to tobacco smoke wherever possible, and, in particular, to protect infants and children from this smoke.

F. The breathing of smoke from tobacco or any other weed or plant is a proven danger to health.

Accordingly, the health, safety and general welfare of the residents of, persons employed in, and persons who frequent this city would be benefited by the regulation of smoking in designated enclosed places.

(Code 1965, § 8-90.)

As used in this chapter:

"Employee" means any person who is employed by the City of Banning in consideration for direct or indirect monetary wages or profit.

"Employer" means the City of Banning.

"Enclosed" means closed in by roof and four walls with appropriate opening for ingress and egress.

"Place of employment" means any enclosed area under the control of employer which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, conference rooms, and employee cafeterias.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, or any plant product intended for human inhalation.

(Code 1965, § 8-91; Ord. No. 1506, § 4, 3-14-17)

Smoking shall be regulated in the following places within the city:

A. No person shall smoke or use any tobacco product within any enclosed city facility or within the boundaries of any public park within the City of Banning. This prohibition shall not ban smoking or tobacco product use in or upon public streets or alleys adjacent to any city facility or public park, but shall prohibit such acts on sidewalks and in off-street parking areas within city public parks.

B. Smoking in all enclosed city facilities and within the boundaries of all city public parks owned by the City of Banning shall be subject to the enforcement and penalty provisions of section 8.56.070 and section 8.56.080.

(Code 1965, § 8-92.)

(Ord. No. 1400, § 2, 10-28-08)

Smoking shall be prohibited in the following places within the city:

A. All enclosed areas available to and customarily used by the general public and patronized by the public.

B. Hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted, when the public business requires or provides direct participation or observation by the general public.

(Code 1965, § 8-93.)

A. It shall be the responsibility of the city to provide smoke-free areas for nonsmokers within facilities to the maximum extent possible, but the city is not required to incur any expense to make structural or other physical modifications in providing these areas.

B. Within ninety days of the effective date of the ordinance codified in this chapter, the city manager shall adopt, implement, make known, maintain, and promulgate a written smoking policy which shall contain at a minimum the following regulations:

1. Smoking shall be prohibited in restrooms, hallways, employee work areas and in any space in use for employee conferences, meetings or classes, except for a private closed office or a room occupied exclusively by smokers.

2. Any employee shall have the right to designate his or her immediate work area as a nonsmoking area and to post the same with an appropriate sign or signs to be provided by the city. The policy adopted by the city shall include a reasonable definition of the term "immediate work area."

3. In any dispute regarding the implementation of this smoking policy, the health concerns of the nonsmoker shall be given preference.

4. A separate and contiguous nonsmoking area of not less than forty percent of the seating capacity and floor space shall be provided and maintained in lunchrooms and employee lounges.

C. This smoking policy shall be communicated to new employees upon hiring. The city manager shall communicate this smoking policy to all existing employees within sixty days of its adoption.

D. Notwithstanding the provisions of subsection A of this section, the city shall have the right to designate any place of employment, or portion thereof, as a nonsmoking area.

E. Employees whose work area is divided into a public area and a place of employment which is off limits to the public shall be allowed to smoke in their place of employment at a reasonable distance from the public area, but only if consistent with the other provisions of this chapter.

(Code 1965, § 8-94.)

"Smoking" or "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 with a red bar across it) shall be clearly, sufficiently and conspicuously posted, in every building or other place where smoking is controlled by this ordinance, by the manager or other person having control of such building or other place.

(Code 1965, § 8-95.)

A. Administration of this chapter shall be by the city manager or his designees.

B. Any employee who desires to register a complaint hereunder may initiate enforcement consideration with the city manager or his designees.

C. A violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city or by any affected employee of the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance.

D. Any employee or manager of any department controlled by this chapter may inform persons violating this chapter of the appropriate provisions thereof.

(Code 1965, § 8-96.)

A. It is unlawful for any person who owns, manages or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to:

1. Post signs required hereunder;

2. Provide signs for the use of employees in designating their areas as properly set aside "No Smoking" areas; or

3. 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. Any person who violates subsections A or B of this section, or any other provision of this chapter, shall be guilty of an infraction, and shall also be punishable by disciplinary action.

(Code 1965, § 8-97.)

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

(Code 1965, § 8-98.)