Chico Municipal Code Ch. 8.28 Smoking Regulations

Section:

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*Prior ordinance history: Ords. 1671 and 1886.

This chapter is adopted pursuant to the municipal affairs provisions of the city charter for the purpose of prohibiting smoking in most enclosed places open to the public in order to reduce the hazards which smoking causes to those persons involuntarily exposed to side-stream and secondhand smoke, and for the further purpose of prohibiting and regulating smoking in places of employment also for the protection of those employees who are involuntarily exposed to side-stream or secondhand smoke.

(Adopted by initiative, dated 11/3/92 (part))

The city council finds as follows:

A. That tobacco smoke is a major contributor to indoor air pollution;

B. That breathing side-stream or secondhand tobacco smoke is a cause of disease, including lung cancer in nonsmokers;

C. That persons at special risk from the breathing of side-stream or secondhand smoke include pregnant women, children, elderly persons, persons with cardiovascular disease, persons with impaired respiratory function, including asthmatics, and persons with obstructive airway disease;

D. That health hazards induced by breathing side-stream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, broncho-spasm and ear infections in children;

E. That persons who suffer ill effects from breathing side-stream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and

F. That there are numerous and credible health studies suggesting that electronic smoking devices pose significant public health and safety risks and there are minimal federal and state regulations or controls over the use of electronic smoking devices; and

G. That by reason of the foregoing, the smoking of tobacco (or other weed or plant) or of an electronic smoking device is hazardous to the health of the general public.

(Adopted by initiative, dated 11/3/92 (part), Ord. 2465 §1)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

A. “Bar” means any establishment open to and used by the general public which is devoted to the service of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages, and any portion of such establishment, including any portion of a restaurant, which is devoted to the service of alcoholic beverages, in which the service of food is only incidental to the consumption of such beverages and which is within an enclosed area which separates the bar from the other areas of the establishment.

B. “Employee” means any person who regularly performs services for an employer either for compensation or as a noncompensated volunteer.

C. “Employer” means any person, partnership, corporation, unincorporated association and/or any nonprofit organization which employs or otherwise uses the services of one or more employees.

D. “Enclosed area”' means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows or other impermeable surfaces which extend from the floor to the ceiling except for doors or similar openings used for ingress or egress.

E. “Health officer” means the city health officer; provided, that where the city council has consented by ordinance or resolution to the enforcement of public health laws in the city by the Butte County health officer, the term "health officer" shall mean the Butte County health officer.

F. “Place of employment” means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including but not limited to, work areas, individual and group offices, employee lounges, restrooms, conference rooms, classrooms and employee cafeterias and hallways.

G. “Public place” means any establishment or facility area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, professional offices, public transportation facilities, recreation and sports facilities, restaurants, retail food production and marketing establishments, retail service establishments, retail stores and theaters.

H. “Restaurant” means any establishment or portion of an establishment, other than a bar or portion of a restaurant used as a bar, which is open to and used by the general public and which is devoted to the service of food and/or beverages.

I. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory. Smoke includes, but is not limited to, tobacco smoke, electronic smoking device vapors, and marijuana smoke.

J. “Smoking” means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette of any kind, or an operating electronic smoking device.

K. “Electronic Smoking Device” means any electronic or battery-operated device that delivers vapors for inhalation. This term includes every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Electronic Smoking Device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of disease.

(Adopted by initiative, dated 11/3/92 (part), Ord. 2465 §2)

Smoking shall be prohibited in all enclosed areas of any building or facility owned or operated by the city, except that smoking shall be permitted in city buildings or facilities leased to other persons when not otherwise prohibited by the provisions of this chapter.

(Adopted by initiative, dated 11/3/92 (part))

A. Except as otherwise hereinafter provided by this chapter, smoking shall be prohibited in the enclosed areas of all public places located within the city, including but not limited to the enclosed areas of the following public places:

1. The hallways, waiting rooms, examination rooms, rooms used for treatment, wards and semi-private rooms of health facilities, including but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices;

2. Any portion of a grocery store, supermarket or other retail food marketing establishment which is open to and used by the general public;

3. Any portion of a museum, gallery or library which is open to and used by the general public;

4. Any portion of a theater, auditorium, or hall which is open to the general public, and used for exhibiting a motion picture, live theatrical performance, lecture, musical recital or similar performance;

5. Any portion of a building owned and/or operated by a public agency or entity which is open to and used by the general public and is subject to the jurisdiction of the city;

6. Any elevator or restroom open to and used by the general public;

7. Any bus, taxicab or other means of public transportation which is subject to the jurisdiction of the city, and any ticket, boarding or waiting area of a public transit depot;

8. Any common area in an apartment building, condominium, congregate care facility, nursing home or day care facility;

9. Any recreation or sports facility, including but not limited to gymnasiums, enclosed swimming pools, roller skating and ice skating rinks, bowling alleys, pool halls, health spas and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic activities or witness sports events;

10. Any service line where one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money;

11. Any restaurant or bar; and

12. Any other business or establishment or portion of a business or establishment which is open to and used by the general public, including but not limited to retail stores, hotels and motels.

B. Notwithstanding the provisions of this section, the owner, operator, manager or other person who controls the enclosed area of any establishment described in this section may declare the entire establishment as a nonsmoking area.

(Adopted by initiative, dated 11/3/92 (part); amended by initiative, dated 11/5/96)

It shall be the responsibility of employers to provide a smoke free work place for all employees. To carry out this responsibility each employer operating a place of employment within the city shall, on or before February 1, 1993, adopt, make known, implement and maintain a smoking policy prohibiting smoking within all enclosed places located at a place of employment without exception. This includes common work areas, individual and group offices, employee lounges, employee restrooms, conference rooms, classrooms, employee cafeterias, hallways and all other enclosed facilities. The smoking policy required by this section shall be communicated to all employees within three weeks of its adoption and employers shall supply a written copy of such smoking policy upon request of any existing or prospective employee.

(Adopted by initiative, dated 11/3/92 (part))

Smoking shall be prohibited in all unenclosed areas located within 20 feet of the doorway or operable window, or other opening, into any enclosed area, place of employment or outdoor café in which smoking is prohibited by this chapter, except while actively passing by on the way to another destination and provided that smoke does not enter any of those areas where smoking is prohibited.

(Ord. 2437)

Smoking shall be prohibited in all outdoor cafés authorized to serve alcoholic beverages pursuant to a licence granted under Chapter 14.70.

(Ord. 2409 §1)

Notwithstanding anything herein to the contrary, the following areas shall not be subject to the smoking prohibitions and regulations provided for in this chapter:

A. Private residences, other than portion of a private residence used as a child care or health care facility;

B. Hotel and motel rooms rented to guests;

C. Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia, including but not limited to electronic smoking devices;

D. Restaurant, hotel and motel conference or meeting rooms, and other assembly rooms when being used for private functions.

(Adopted by initiative, dated 11/3/92 (part), amended by initiative, dated 11/5/96, Ord. 2465 §3)

“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 not less than four inches in diameter with a red bar across it), shall be conspicuously posted in every enclosed area where smoking is prohibited by this chapter, by the owner, operator, manager or other person having control of such enclosed area. In addition, every restaurant shall have posted at every restaurant entrance a conspicuous sign clearly stating that smoking is prohibited in the restaurant.

(Adopted by initiative, dated 11/3/92 (part))

A. The health officer shall administer the provisions of this chapter and may, at the health officer’s sole discretion, take any of the following actions to enforce the provisions of this chapter:

1. Service of a notice upon a person violating the provisions of this chapter requiring the correction of such violation;

2. Commencement of a civil action in a court of appropriate jurisdiction to enjoin violation of the provisions of this chapter or otherwise require compliance herewith; and

3. Initiation of criminal proceedings to assess any of the penalties hereinafter provided by this chapter.

B. The health officer or fire chief may require, when an enclosed area or place of employment is undergoing an otherwise mandated inspection, a "self-certification" from the owner, manager, operator or other person having control of such area or place of employment that the enclosed area or place of employment fully complies with the requirements of this chapter.

C. The owner, manager, operator or other person having control of an enclosed area or place of employment shall inform any person violating this chapter, or any employer’s smoking policy adopted pursuant to this chapter of the appropriate provisions hereof.

D. A private citizen may also commence a civil action in a court of appropriate jurisdiction to enjoin violation of this chapter or otherwise require compliance herewith.

(Adopted by initiative, dated 11/3/92 (part))

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any enclosed area or place of employment subject to the provisions of this chapter to fail or refuse to:

• 1. Adopt or implement the employer's no smoking policy required by this chapter;
• 2. Provide or post the signs or give the notices required by this chapter; or
• 3. Otherwise 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. It is unlawful for any person to mutilate or destroy any signs posted pursuant to the provisions of this chapter.

(Adopted by initiative, dated 11/3/92 (part))

Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof, shall be punished by:

A. A fine, not exceeding $100, for the first violation;

B. A fine, not exceeding $200, for the second violation occurring within the same year, and

C. A fine, not exceeding $500, for the third and any additional violation occurring within the same year.

(Adopted by initiative, dated 11/3/92 (part))

No employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right afforded by this chapter.

(Adopted by initiative, dated 11/3/92 (part))

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

(Adopted by initiative, dated 11/3/92 (part))

If any provisions or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the other provisions or clauses of this chapter or application thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.

(Adopted by initiative, dated 11/3/92 (part))