Chino Hills Municipal Code Ch. 5.42 Smoking Pollution Control

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

(Ord. 17 § 1 (part), 1993)

The City Council does hereby find that:

1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are elderly people, children, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and,

2. Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and bronchospasm.

3. Accordingly, the City Council finds and declares that the purposes of the ordinance codified in this chapter are:

a. To protect the public health and welfare by prohibiting smoking in public places and places of employment; and,

b. To recognize the right of nonsmokers to breathe smoke-free air; and,

c. To recognize that the need to breathe smoke-free air in public access areas shall have priority over the desire to smoke.

(Ord. 17 § 1 (part), 1993)

The following words and phrases whenever used in this chapter shall be construed as defined in this section.

1. Bar. "Bar" means a business which is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. "Bar" also includes an area within a restaurant where alcoholic beverages are consumed that is part of a restaurant if the area is a different, separate and enclosed area from the rest of the restaurant and has its own heating, ventilating, and/or air conditioning system that keeps its air from circulating into the rest of the restaurant.

2. Business. "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.

3. Employee. "Employee" means any person who is employed by an employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.

4. Employer. "Employer" means any person, partnership, corporation, including a municipal corporation, or non-profit entity, who employs the services of one or more individual persons.

5. Enclosed Area. "Enclosed Area" means all space between a floor and ceiling which is served by a common heating, ventilating, and air conditioning system and is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) 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.

6. Place of Employment. "Place of Employment" means any enclosed area under the control of a private employer which employees normally frequent during the course of employment, including, but not limited to, common work areas, auditoriums employee lounges and restrooms, conference and class rooms, meeting rooms employee cafeterias, elevators, medical facilities and hallways. A private residence is not a "place of employment" unless it is used as a childcare or health care facility.

7. Public Place. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted including but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a "public place."

8. Restaurant. "Restaurant" means any coffee shop, cafeteria, donut shop, sandwich stand, private 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 premise for serving elsewhere, including catering facilities.

9. Service Line. "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.

10. Smoking. "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed, plant, or other combustible substance in any manner or in any form.

11. Sports Arena. "Sports Arena" means any enclosed sports pavilions, gymnasiums, health spas, boxing arenas, 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.

(Ord. 17 § 1 (part), 1993)

All enclosed facilities owned by the city of Chino Hills shall be subject to the provisions of this chapter. Smoking shall be prohibited in any city-owned or leased vehicles.

(Ord. 17 § 1 (part), 1993)

A. Except as exempted in Section 5.42.022, smoking shall be prohibited in all enclosed public places within the city of Chino Hills, including, but not limited to, the following places:

1. Elevators, escalators, and stairways.

2. Buses, taxicabs, and other means of public transit under the authority of the city of Chino Hills, and ticket, boarding, and waiting areas of public transit depots.

3. Restrooms.

4. Indoor service lines.

5. Retail stores.

6. All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including but not limited to, guest rooms in hotels and motels.

7. Restaurants.

8. Aquariums, galleries, libraries, and museums.

9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital, or other similar performance.

10. Sports arenas and convention halls.

11. Every room, chamber, place of meeting, or public assembly, under the control of any board, council, commission, committee, including joint committees, or agencies of the city during such time as a public meeting is in progress.

12. Waiting rooms, hallways, wards, and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices.

13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple unit residential facilities.

14. Lobbies, hallways, and other common enclosed areas in multiple-unit commercial facilities.

15. Polling places.

B. 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.

(Ord. 17 § 1 (part), 1993)

A. It shall be the responsibility of employers to provide a smoke-free workplace for employees.

B. Each employer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:

1. Smoking shall be prohibited in all enclosed areas within a place of employment without exception. This includes auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed areas.

C. The smoking policy shall be communicated to all employees and employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

D. It shall be unlawful for any employer to fail to comply with the provisions of this section.

(Ord. 17 § 1 (part), 1993)

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

1. Bars.

2. Restaurants which have more than forty (40) seats and which have at least seventy-five (75) percent of the total seating capacity in a smoke-free portion of the restaurant. To qualify for this exemption, that portion of the restaurant where smoking is permitted shall be a different, separate, and enclosed area from the remainder of the restaurant and have its own heating, ventilation and/or air conditioning system that prohibits air from that portion of the restaurant where smoking is permitted from circulating into the remainder of the restaurant where smoking is prohibited.

3. Banquet rooms within any restaurant, clubhouse, or similar establishment or entire facility, when being used exclusively for a private function, so long as the banquet room is a different separate and enclosed area from the remainder of the facility and has its own heating, ventilation, and/or air conditioning system that prohibits air from that portion of the facility where smoking is permitted from circulating into the remainder of the facility where smoking is prohibited.

4. Private residences, except when used as a childcare or health facility.

5. Hotel and motel rooms specifically designated and posted as smoking rooms (not to exceed twenty-five (25) percent of total rooms).

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

C. Notwithstanding any other provision of the chapter, this chapter is not intended to be applicable upon property located within the city that is owned or leased by any other public entity, e.g., public school districts.

(Ord. 17 § 1 (part), 1993)

A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed by 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 regulated by this chapter, by the owner, operator, manager, or other person having control of such building or other place.

B. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited, or in the case of Section 5.42.022(A)(2), that a smoking area is available.

(Ord. 17 § 1 (part), 1993)

A. Any business lawfully existing within the city, on the date this chapter is adopted by the City Council, which intends to qualify for exemption under Sections 5.42.022 (A)(2) or 5.42.022(A)(3), but needs to make structural changes to the building where the business is conducted, may apply to the city for a permit to temporarily waive the provisions of this chapter insofar as it applies to drifting secondhand smoke from a bar or banquet room into a dining or other area.

B. Any permit (waiver) issued herein shall be issued for a six-month period. Any permit issued herein shall be renewable by the permit-holder for two successive six month periods, as needed, provided the permit-holder applies for renewal at least thirty (30) days prior to the permit's expiration and the permit-holder has abided by the terms and conditions of the original permit. In order to qualify for a renewal of the permit (waiver), a business must have applied for and paid city fees to obtain a building permit.

C. Any business issued permit (waiver) hereunder shall have a sign approved by the city posted at all public entrances stating that the establishment does not yet conform to the provisions of this chapter due to construction, and further stating, that the business has a temporary waiver (permit) allowing smoking at the business on a temporary basis and which sign shall indicate the expiration date of the permit.

D. Applications for a permit hereunder shall be made on a form provided by the City Manager and shall be processed without cost to the applicant. The City Manager shall determine if the application meets the requirements of this section and shall grant or deny the permit based on that determination.

E. Any aggrieved party may appeal the decision of the City Manager to the City Council in accordance with Section 2.04.100 et seq. of this code.

F. Within sixty (60) days after the effective date of this chapter, any business which has not applied for a permit hereunder or which subsequently has such a permit denied, revoked, or expired, shall comply fully with the provisions of this chapter.

(Ord. 17 § 1 (part), 1993)

A. Enforcement of this chapter shall be implemented by the City Code Enforcement Officer.

B. Any owner, manager, operator, or employee of any establishment regulated by this chapter may inform persons violating this chapter of the appropriate provisions thereof.

C. Notwithstanding any other provision of this chapter, a private citizen may seek a court injunction against a private person to enforce this chapter.

(Ord. 17 § 1 (part), 1993)

A. It shall be unlawful 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. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

C. It shall be unlawful to willfully mutilate or destroy any signs required by this chapter.

D. Any person who violates any provision of this chapter shall be guilty of an infraction and subject to punishment in accordance with Section 1.01.200 et seq. of this code.

(Ord. 17 § 1 (part), 1993)

A violation of any of the provisions of this chapter shall also 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. 17 § 1 (part), 1993)

No person or 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 to a smoke-free environment afforded by this chapter.

(Ord. 17 § 1 (part), 1993)

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

(Ord. 17 § 1 (part), 1993)