Ceres Municipal Code Ch. 03 Smoking Pollution Control

The following words and phrases, whenever used in this chapter, unless the content indicates otherwise, shall be construed as defined in this section:

Business means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

City of Ceres means all properties within the existing municipal corporate boundaries and any additional territory that may be annexed hereafter.

Dining area means any enclosed area containing a counter or tables upon which meals are served.

Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

Employer means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.

Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.

Facilities for the treatment, rehabilitation, or support of persons dependent upon drugs or alcohol means any "enclosed area," as defined herein, which is used for the purpose of providing treatment, rehabilitation, or support services to persons who suffer from drug or alcohol dependency.

Members of the general public means shoppers, customers, patrons, patients, students, clients, and other similar invitees of a commercial enterprise or nonprofit entity; and excludes employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise, or services to a commercial enterprise, nonprofit entity, or City.

Nonprofit entity means any corporation, unincorporated association, or other entity created for charitable, philanthropic, educational, character building, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section.

Person means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club or other organization of any kind.

Public place means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to:

1. Banks;

2. Educational facilities;

3. Health facilities;

4. Public transportation facilities;

5. Recreation areas;

6. Restaurants;

7. Retail stores;

8. Retail service establishments;

9. Theaters;

10. Retail food production and marketing establishments; and

11. Waiting rooms.

A private residence is not a "public place."

Restaurant means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

Service line means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

Smoke means any vapors, gases, particles, or other by-products released into the air as a result of combustion, electrical ignition, or vaporization when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting, igniting, or vaporizing material both contains no tobacco or nicotine, and the usual purpose of inhalation is solely olfactory. Smoke specifically includes, but is not limited to, gases, particles, vapors, other by-products released by electronic smoking devices, tobacco cigarettes, herbal cigarettes, marijuana cigarettes, marijuana vaporizers, and any other type of cigarette, pipe, or implement for the purpose of inhalation of vapors, gases, particles, or other by-products released as a result of combustion, ignition, or vaporization.

Smoking or to smoke means inhaling, exhaling, burning or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device or paraphernalia; or engaging in an act that generates smoke; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind including, but not limited to, an electronic cigarette.

Sports arena means sports pavilions, gymnasiums, health spas, boxing arenas, indoor swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.

Tobacco store means any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(Ord. No. 2020-1055, § 1, 1-27-2020)

The City Council of the City hereby finds and declares as follows:

A. The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution, and the Surgeon General's 1986 report on "The Health Consequences of Involuntary Smoking," concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, bronchoconstriction and bronchospasm. While all members of the population are truly at increased risk due to exposure to sidestream tobacco smoke, it constitutes a special health hazard for children, the elderly, and people with chronic lung disorders.

B. The Surgeon General labels smoking "the largest single preventable cause of death and disability for the U.S. population."

C. Secondhand marijuana smoke has been identified as a potential health hazard by the California EPA.

D. Employees subject to prolonged exposure to sidestream smoke in the workplace have been found in scientifically conducted studies to experience a loss of job productivity and some have been forced to take periodic sick leave because of reactions to secondhand smoke. Furthermore, studies have shown higher costs to the employer are associated with smoking in the workplace due to increases in absenteeism, accidents, costs of medical care, loss of productivity and cleaning and maintenance requirements. A recent scientific study has reported that sidestream smoke from tobacco may cause a significant amount of cardiovascular disease in the United States and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with sidestream smoke. Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment, as well as costly maintenance and repairs to furniture and fixtures.

E. The health care costs produced by smoking-related ailments and diseases constitute a heavy and avoidable financial drain on our community.

F. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort to nonsmokers and constitutes a health hazard in public places and workplaces.

(Ord. No. 2020-1055, § 1, 1-27-2020)

All enclosed facilities owned or leased by the City, including City vehicles are subject to the provisions of this chapter.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Smoking shall be prohibited in the following places:

A. Elevators;

B. Buses, taxicabs, and other means of public transit under the authority of the City, and ticket, boarding and waiting areas of public transit depots;

C. Restrooms;

D. Service lines;

E. Retail stores;

F. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, professional offices and other offices;

G. Restaurants;

H. Public areas of aquariums, galleries, libraries, and museums open to the public;

I. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production;

J. Sports arenas and convention halls;

K. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the County, City or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City;

L. Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, dentists' offices, and long-term care facilities;

M. Enclosed common areas in buildings, condominiums facilities and long-term care apartment retirement facilities;

N. Polling places;

O. Enclosed common areas in shopping malls;

P. Barbershops, beauty shops, cleaners, laundromats and other places where members of the general public congregate for service or otherwise frequent;

Q. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment; and

R. It shall be unlawful, when children are present to smoke in public parks, playgrounds, near schools and daycare facilities.

(Ord. No. 2020-1055, § 1, 1-27-2020)

It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Each employer having an enclosed place of employment located within the City jurisdiction shall adopt within six months from and after the effective date hereof, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

A. All new businesses shall be required to comply with the provisions of this section within 60 days after receiving a business license.

B. The smoking policy shall be communicated to all employees within three weeks of its adoption.

C. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

A. Private residences, except when used as a childcare or healthcare facility.

B. Retail tobacco stores.

C. Hotel and motel rooms rented to guests (provided, however, that each hotel and motel designates not less than 50 percent of their guest rooms as nonsmoking rooms and removes ashtrays from these rooms).

D. Meeting places for events or functions of private clubs which are attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded, provided such places are not places of employment as defined in California Labor Code section 6404.5.

E. Facilities for the treatment, rehabilitation or support of persons dependent upon drugs or alcohol as defined in section 9.20.020 of this chapter.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Notwithstanding any other provision of this chapter, any owner, operator, manager or other person who controls any establishment described in this chapter may declare that entire establishment as a nonsmoking establishment.

(Ord. No. 2020-1055, § 1, 1-27-2020)

The Fire Chief, or his authorized representative, shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Enforcement of this chapter shall be by the Fire Chief, Police Chief, Code Enforcement Officer or other authorized individual. Any person who desires to register a complaint under this chapter may do so by filing it with the Police Chief or Code Enforcement Office, or City Clerk.

(Ord. No. 2020-1055, § 1, 1-27-2020)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.

(Ord. No. 2020-1055, § 1, 1-27-2020)

It shall be unlawful:

A. For any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.

B. For any persons to smoke in any area where smoking is prohibited by the provisions of this chapter.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Any person who violates any provision of this chapter by smoking in a posted no-smoking area or otherwise violates any provision of this chapter is guilty of an infraction, and upon conviction thereof, shall be punished by a fine of $100.00 for the first offense; $200.00 for the second offense (in the same year); and $500.00 for the third offense and for each violation thereafter (in the same year).

(Ord. No. 2020-1055, § 1, 1-27-2020)

No person or employer shall discharge, refuse to hire or in any manner discriminate or retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter.

(Ord. No. 2020-1055, § 1, 1-27-2020)

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

(Ord. No. 2020-1055, § 1, 1-27-2020)