Brea Municipal Code Ch. 8.52 Smoking Regulated or Prohibited

The City Council finds that the smoking of tobacco, or any other weed or plant, is a positive danger to health and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant, in public places as hereinafter provided, and to regulate the smoking of tobacco, or any weed or plant, in enclosed work places and other designated places of assembly.

(Ord. 777, 7-16-1985; Ord. 800, 4-1-1986)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, and if not defined in this section, such words and phrases shall have that meaning ascribed to them in common, everyday usage.

"Bar."

An area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

"Enclosed."

Closed in by a roof and four walls with appropriate openings for ingress and egress but does not include areas commonly described as public lobbies.

"Motion picture theater."

Any business establishment engaged in the primary business of exhibiting motion pictures.

"Office work place."

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, from that location. The term "office work place" includes, but is not limited to, office spaces in office buildings, medical office waiting rooms, libraries, hospitals, and retail sales establishments.

"Smoking."

The combustion of any substance in a cigar, cigarette, pipe, or any similar smoking device.

(Ord. 777, 7-16-1985; Ord. 800, 4-1-1986)

Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, hotel, and multi-family buildings.

(Ord. 777, 7-16-1985)

A. In public areas of health care facilities and hospitals, as defined in the California Health and Safety Code, including waiting rooms, public hallways and lobbies, all smoking is prohibited, except in specially designated smoking areas, which may be all or part of a public area.

B. Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in rooms to be occupied by two or more patients according to the patient's individual non-smoking or smoking preference.

C. In patients' rooms occupied by non-smoking patients, smoking shall be prohibited for hospital staff, visitors, and the general public. The provisions of § 8.52.100 shall not apply to this subsection C.

(Ord. 777, 7-16-1985)

Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers, and places of public assembly in which public business is conducted during times when the public business requires or provides for direct participation or observation by the general public.

(Ord. 777, 7-16-1985)

Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event, or any other performance or event, in all areas except that area commonly known as the lobby, in areas not open to the public, or in areas where smoking is otherwise prohibited by any law. Every owner and/or manager of such theater, auditorium, or other enclosed facility used for the purposes stated herein, shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater, auditorium, or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five (5) seconds before showing feature motion pictures.

(Ord. 777, 7-16-1985)

Smoking is prohibited and is unlawful in public restrooms.

(Ord. 777, 7-16-1985)

Smoking is prohibited and is unlawful in indoor service lines in which more than one person is giving or receiving services of any kind.

(Ord. 777, 7-16-1985)

A. Smoking is prohibited and is unlawful in every publicly or privately owned coffee shop, cafeteria, short-order café, luncheonette, sandwich shop, soda fountain, restaurant, or other eating establishment serving food whose seating capacity is fifty (50) or more persons, excluding from that calculation of capacity any portion of such facility which is located outdoors and any portion of such facility which is used for bar purposes; provided, however, this prohibition shall not apply to any such establishment maintaining a contiguous non-smoking area of not less than one-half of both the seating capacity and the floor space in which customers are being served, excluding from said calculations any portion of such facility which is used for bar purposes; further provided, however, that this prohibition shall not apply to any closed rooms within any eating establishment utilized for private functions so long as such room is used for private functions.

B. Upon request, patrons shall be seated in a non-smoking area. The owner or manager of any coffee shop, cafeteria, short-order café, luncheonette, sandwich shop, soda fountain, restaurant, or other eating establishment may adjust the size of the non-smoking section upwards from one-half to meet the requests of his or her patrons. Such adjustment is preferred whenever possible.

C. Reasonable efforts shall be made by eating establishments having a seating capacity of forty-nine (49) or less persons to provide seating for non-smoking patrons.

(Ord. 777, 7-16-1985; Ord. 800, 4-1-1986; Ord. 832, 10-20-1987)

A. In office work places having a total floor area greater than one thousand five hundred (1,500) square feet, and which are normally occupied by five (5) or more employees or which contain conference rooms meeting rooms or classrooms, smoking is prohibited, and shall be so designated as required herein, in at least fifty percent (50%) of the total floor area. In work places containing one thousand five hundred (1,500) or less square feet in total floor area and which are commonly utilized as conference rooms, meeting rooms or classrooms, non-smoking employees in such office work places may request that smoking be prohibited therein and smoking shall be prohibited in the subject area upon the request being made.

B. In cafeterias, lunch rooms, lounges, or any other areas provided for the benefit of employees during non-working periods such as meal periods and normal break periods, non-smoking areas complete with similar accommodations as are otherwise provided to employees who smoke in such areas, shall be provided on an as-needed basis, upon prior request by affected non-smoking employees.

1. Notwithstanding the foregoing provisions, at least twenty-five percent (25%) of the seating provided in the areas described above shall be in a contiguous area designated as a non-smoking area.

2. The provisions of this subsection B. shall apply to all business and commercial establishments within the city.

C.

1. Non-smoking employees in office work places who request to work in a smoke-free area shall be given reasonable consideration by their employer. However, employees may designate their immediate work area as a no-smoking area, subject to approval by their employer.

2. Each employer is authorized to prohibit smoking in any or all areas within such employer's business.

D.

1. In any dispute arising under the provisions of this section, employers shall make reasonable efforts to accommodate both smoking and non-smoking employees. "Reasonable efforts", as that term is used in this subsection, shall include, but are not limited to, reference by the employer to relevant policies adopted by the Chamber of Commerce and the city.

2. Aggrieved employees are encouraged to file written complaints with said Chamber of Commerce, the city, and/or their respective employers.

E. Notice of the provisions of this section shall be posted in a conspicuous location in each business within the city containing an office work place.

F. Each business containing office work place areas shall adopt a written policy incorporating, at minimum, the provisions of this section and shall advise and make written copies of such policy available to every employee within 30 days after adoption hereof.

(Ord. 800, 4-1-1986)

Except where "No Smoking" signs are otherwise required, wherever this chapter prohibits smoking, conspicuous signs containing all capital letters not less than one inch in height on a contrasting background shall be posted. It is the duty of the owner, operator, manager, or other persons having control of such room, building, or other place where smoking is prohibited, to post such signs or to cause such signs to be posted.

(Ord. 777, 7-16-1985)

A. Nothing in this chapter shall require the owner, operator, or manager of any theater, auditorium, health care facility, or any building, facility, structure, or business to incur any expense to make structural or other physical modifications.

B. Nothing in this section shall relieve any person from the duty to post signs as required by this chapter.

(Ord. 777, 7-16-1985)

A. Any owner or manager of a business or other establishment subject to the provisions of this chapter may apply to the City Manager or his or her designee for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions, after which a hearing before the City Manager or his or her designee shall be conducted at a mutually agreeable time.

B. Such exemption shall be granted only if the City Manager or designee finds from the evidence presented that due to such unusual circumstances, the failure to comply with the provisions for which the exemption is requested will not result in a danger to health or annoyance, inconvenience, or discomfort to non-smoking members of the public.

C. The applicant for an exemption shall pay the sum of fifty dollars ($50) to cover actual investigation and administrative costs to be incurred. The decision of the City Manager or his or her designee will be final.

(Ord. 777, 7-16-1985)

A. It shall be unlawful to wilfully mutilate or destroy any signs required by this chapter.

B. It shall be unlawful to smoke in any area posted as a non-smoking area.

C. Violation of any of the provisions of this chapter shall be deemed an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as follows:

1. A fine not exceeding one hundred dollars ($100) for a first violation;

2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred ($500) for each additional violation of the same ordinance within one year. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.

(Ord. 777, 7-16-1985)

A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by 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.

(Ord. 777, 7-16-1985)