7-2 SMOKING.

a. Numerous studies have found that tobacco smoke is a major contribution to indoor air pollution; and

b. Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

c. Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and

d. Nonsmokers with allergies, respiratory diseases 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 to smoke; and

e. The smoking of tobacco, or any other weed or plant, is a danger to health. Accordingly, it is determined that the health, safety and general welfare of the residents of, persons employed in, and persons who frequent this Town would be benefited by the regulation of smoking in enclosed places, including places o£ employment.

f. The United States Environmental Protection Agency has determined that second-hand smoke is a Class A carcinogen for which there is no safe exposure level.

g. The United States Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no other addictive product or drug is sold through vending machines.

h. Electronic smoking devices, commonly known as “electronic cigarettes,” “e- cigarettes,” etc., are battery operated devices which deliver nicotine, flavor and/or other substances through a vapor inhaled by the user. The secondhand aerosol emitted from such devices has been found to be a potential health hazard, containing at least ten chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. The State of California’s Tobacco Education and Research Oversight Committee (TEROC) “opposes the use of e-cigarettes in all areas where other tobacco products are banned.”

i. Secondhand marijuana smoke has been identified as a potential health hazard, as evidenced by the California EPA including marijuana smoke on the Proposition 65 list of chemicals known to cause cancer.

j. Numerous studies have found that nonsmokers living in multiple family buildings can be exposed to secondhand smoke from neighbors who smoke. The Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure. The American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) recommends that multi-unit housing be free from environmental tobacco smoke, marijuana smoke, and electronic smoking devices’ aerosol.

(Ord. #30-85, §7-701; Ord. #94-01, §1; Ord. #2015-04, §1)

As used in this section:

Bar shall mean an establishment which is de-voted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. That area of a restaurant which is primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages shall also be considered a bar.

Common Area shall mean every area of a Multiple Family Building that residents of more than one Unit of that Multiple

Family Building are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.

Electronic Smoking Device shall mean an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, and electronic cigar, an electronic cigarillo, an electronic pipe, and electronic hookah, or any other product name or descriptor.

Employee shall mean a person who is employed by an employer in consideration for direct or indirect monetary wages or profit.

Employer shall mean a person, partnership, corporation, including municipal corporation or public entity, who employs the services of more than three (3) persons.

Enclosed shall mean closed in by roof and four (4) walls with appropriate openings for ingress and egress.

Multiple family buildings shall mean a single building or structure containing three or more dwelling units, including townhouses, condominiums and apartments.

Place of employment shall mean an enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment unless it is used as a child care or health care facility. A dining area of a restaurant is not a place of employment.

Smoking shall mean the carrying or holding of a lighted pipe, cigar or cigarette of any kind, including marijuana, a hookah pipe or an operating Electronic Smoking Device or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette or any kind, including marijuana, a hookah pipe or an operating Electronic Smoking Device.

Sports arena shall mean a sports pavilion, gymnasium, health spa, boxing area, swimming pool, roller or ice rink, bowling center, or other similar place where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events.

Unit shall mean a residential unit in a multiple family building, including all interior and exterior areas under the possession or control of the tenant/owner, including any balconies, patios, porches or fenced outdoor space.

Vending machine shall mean any electronic or mechanical device or appliance the operation of which requires the insertion of money, whether in coin or paper bill, or other thing representative of value, which in return dispenses or releases a tobacco product.

(Ord. #30-85, §7-702; Ord. #114, §1; Ord. #94-01, §2; Ord. #2015-04, §2)

Smoking is prohibited in all facilities owned by the Town of Danville. (Ord. #30-85, §7-703; Ord. #94-01, §3; Ord. #201504, §3)

Smoking is prohibited in the following places within the Town:

a. Enclosed Areas and Businesses . An enclosed area or business available to and customarily used by the general public including, but not limited to, a retail store, hotel, motel, pharmacy, bank, or office.

b. Restaurants . Within a restaurant, provided, however, that this prohibition does not apply to the bar area and outdoor seating areas of such restaurants.

c. Health Facilities . A waiting room, hallway, ward, or semi-private room of a health facility, including but not limited to a hospital, clinic or physical therapy facility, doctor’s office or dentist’s office, except that a health facility is also subject to the provisions of subsection 7-2.5 regulating smoking in places of employment.

d. Transportation and Restroom Facilities . An elevator, public restroom, indoor service line, bus, taxicab or other means of public transit under the authority of a public entity, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (1) the establishment of separate waiting areas for smokers and non-smokers, or (2) the establishment of at least forty percent (40%) of a given waiting area as a nonsmoking area.

e. Museums and Galleries . In public areas of museums and galleries.

f. Theaters, Auditoriums and Halls . An enclosed theater, auditorium, or hall which is used for action pictures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production.

g. Retail Food Facilities . A retail food marketing establishment, including a grocery sore or supermarket, except those areas of such establishments set aside for the serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by other sections of this chapter.

h. Public Facilities and Schools . A public school or other public facility under the control of another public agency, which is available to and customarily used by the general public, to the extent that the same is subject to the jurisdiction of the Town.

i. Nonsmoking Establishments . Notwithstanding any other provisions of this section, an owner, operator, manager or other person who controls an establishment described in this section may declare that entire establishment as a nonsmoking establishment.

j. Sports Arenas . Sports arenas and convention halls, except in designated smoking areas.

k. Child Care Facilities . Commercial child care facilities, whether conducted in a private residence or commercial structure.

l. Multiple family buildings. Beginning on May 1, 2016, smoking is prohibited in the following areas of multiple family buildings:

1. Within all units in the building; and

2. In all common areas of the building or property. Landlords and owners of multiple family buildings shall not allow ashtrays or other receptacles for disposing of smoking materials in common areas.

(Ord. #30-85, §7-704; Ord. #114, §2; Ord. #94-01, §§4, 5; Ord. #2015-04, §4)

a. Unless expressly exempted by this section, it is the responsibility of every employer within the Town to provide a smoke-free workplace for all their employees. Employers shall prohibit smoking by anyone in any enclosed area of their business or workplace.

b. Within sixty (60) days of the effective date of this section, each employer having an enclosed workplace within the Town shall adopt, implement, maintain and post in at least one conspicuous location in such workplace a written smoking policy which shall contain the following minimum requirements:

Smoking is prohibited in all enclosed spaces in this facility, without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, cafeterias, lounges and restrooms.

(Ord, #94-01, §6)

Tobacco product vending machines may only be located in or on those premises constituting a bar as defined in this section. Tobacco product vending machines must be located at least twenty-five (25’) feet from any entry onto the premises. (Ord. #94-01, §6)

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

a. A private residence, except multiple family buildings regulated by Section 7-2.4 l., or any private residence used as a health or child care facility;

• b. A bar;

• c. A hotel or motel room rented to guests;

d. Any designated smoking area in a multiple family building. Any such designated smoking area shall meet the following requirements:

1. It must be unenclosed; and

2. It must be at least 25 feet from any non-smoking area on the property; and

3. It must have a clearly marked perimeter and be identified by conspicuous signs.

• (Ord. #30-85, §7-706; Ord. #114, §3; Ord #94-01, §§6,8: Ord. #94-10, §1; Ord. #2015-04, §5)

“Smoking” or “No Smoking” signs whichever are appropriate, with letters of not less than one (1”) 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 chapter, by the owner, operator, manager or other person having control of such building or other place.

Each restaurant regulated by this section shall have posted at its entrance a sign clearly stating that a nonsmoking section is available, and every patron shall be asked as to his or her preference where a host or hostess is available. (Ord. #30-85, §7-707: Ord. #94-01, §6)

a. Administration and enforcement of this section shall be by the Town Manager or his designee.

b. A citizen who desires to register a complaint under this section may initiate enforcement with the Town Manager or his designee.

c. An owner, manager, operator or employer of an establishment regulated by this section may inform persons violating this section of the appropriate provision.

(Ord, #30-85, §7-708; Ord. #94-01, §6)

a. It is unlawful for a person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this section to fail to: properly post signs required hereunder; provide signs for the use of employees in designating their areas; properly set aside “No Smoking” areas; adopt a smoking restriction policy; or comply with any other requirement of this section.

b. It shall be unlawful for any person to smoke in an area restricted by the provisions of this section.

• c. A person who violates this section shall be guilty of an infraction punishable by:

1. A fine, not exceeding one hundred ($100.00) dollars for first violation;

2. A fine not exceeding two hundred ($200.00) dollars for a second violation of this section within one (1) year;

3. A fine, not exceeding five hundred ($500.00) dollars for each additional violation of this section within one (1) year.

• (Ord. #30-85, §7-709; Ord. 94-01, §6)

No person or employer may discharge, refuse to hire, or in any manner retaliate against an employee or applicant for employment because the employee or applicant exercises any rights afforded by this section. (Ord. #30-85, §7-710; Ord. 94-01, §6)

This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. #30-85, §7-711: Ord. #94-01, §6)

a. Every lease or other rental agreement for the occupancy of a Unit in a Multiple Family Building, entered into, renewed, or continued month-to-month after May 1, 2016, shall include the provisions set forth in subsection b. below on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.

1. A clause providing that as of May 1, 2016, it is a material breach of the agreement for the tenant or any other person subject to control of the tenant to engage in or allow Smoking in the Unit, including exclusive- use areas such as balconies, porches, or patios or in any Common Area of the property other than a designated Smoking area.

2. A clause expressly conveying third-party beneficiary status to all occupants of the Multiple Family Building as to the Smoking provisions of the lease or other rental agreement, granted those occupants the legal right to enforce the provisions of the lease.

b. Whether or not a Landlord complies with subsection a. above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection a. applies and shall become effective as of the earliest possible date on which the Landlord could have made the insertions pursuant to subsection a.

c. A tenant who breaches a Smoking provision of a lease or other rental agreement for the occupancy of a Unit in a Multiple Family Building, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant, shall be liable for the breach to (i) the Landlord; and (ii) any occupant of the Multiple Family Building who is exposed to Smoke or who suffers damages as a result of the breach.

d. This chapter shall not create additional liability for a Landlord to any Person for a tenant’s breach of any Smoking provision in a lease or other rental agreement for the occupancy of a Unit in a Multiple Family Building of the Landlord has fully complied with this Section.

e. Failure to enforce any Smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.

(Ord. #2015-04, §6)

• a. Every Landlord shall deliver the following, on or before May 1, 2016, to each Unit of Multiple family building:

1. A written notice clearly stating:

(a) All Units are designated nonsmoking Units and Smoking will be illegal in a Unit, including 25 feet from any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio, as of May 1, 2016; and

(b) Smoking in all Common Areas, except for specifically designated Smoking areas, will be in violation of this chapter as of May 1, 2016.

2. A copy of this chapter.

b. As of March 1, 2016, every Landlord shall provide prospective tenants with written notice clearly stating that:

1. Smoking is prohibited in Units, including any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio,, as of May 1, 2016; and

2. Smoking is prohibited in all Common Areas, except for specifically designated Smoking areas, as of May 1, 2016.

c. Clear and unambiguous “No Smoking” signs shall be posted in sufficient numbers and locations in Common Areas where Smoking is prohibited by this chapter or other law. Such signs shall be maintained by the Person or Persons with legal control over the Common Areas. The absence of signs shall not be a defense to a violation of any provision of this chapter. “No Smoking” signs are not required inside or on doorways of Units.

(Ord. #2015-04, §7)