Fontana Municipal Code Art. III Smoking

The city council finds that:

(1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;

(2) Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard, especially 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;

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

(4) Nonsmokers with allergies or 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;

(5) The Surgeon General of the United States has advised nonsmokers to avoid exposure to tobacco smoke wherever possible, and, in particular, to protect infants and children from this smoke; and

(6) The smoking of tobacco, or any other weed or plant, is a proven danger to health.

Accordingly, the health, safety and general welfare of the residents of, persons employed in and persons who frequent the city would be benefited by the regulation of smoking in designated enclosed places, including places of employment.

(Code 1968, § 12-6)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Electronic smoking devices means any device that generates gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic or battery operated smoking device that delivers vapors for inhalation, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Electronic smoking devices shall include smoking from every variation and type of electronic or battery operated smoking device that delivers vapors for inhalation 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.

Employee means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit.

Employer means any person, including a municipal corporation or public entity, who employs the services of more than three persons.

Enclosed means closed in by a roof and four walls with appropriate opening for ingress and egress.

Place of employment means any 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.

Smoking means the carrying or holding of a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment, or lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

(Code 1968, § 12-7; Ord. No. 1777, § 3, 8-28-18)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) Administration of this article shall be by the city manager or his designees.

(b) Any citizen who desires to register a complaint under this article may initiate enforcement consideration with the city manager or his designees.

(c) A violation of any of the provisions of this article shall constitute a public nuisance and may be abated by the city or by any affected employee or resident of the city through civil process by means of restraining order or preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance.

(d) Any owner, manager, operator or employer of any establishment controlled by this article may inform persons violating this article of the appropriate provisions thereof.

(Code 1968, § 12-15)

(a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this article to fail to:

(1) Properly post signs required under this article;

(2) Provide signs for the use of employees in designating their areas;

(3) Properly set aside no smoking areas;

(4) Adopt a smoking restriction policy; or

(5) Comply with any other requirements of this article.

(b) It is unlawful for any person to smoke in any area in which smoking is prohibited by the provisions of this article.

(c) Any person who violates subsection (a) or (b) of this section, or any other provision of this article, is guilty of an infraction, punishable as provided in section 1-7.

(Code 1968, § 12-16)

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 rights afforded by this article.

(Code 1968, § 12-17)

This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable law or regulation.

(Code 1968, § 12-18)

Federal, state, school and special district entities having facilities within the city are requested and urged to enact and enforce provisions similar to the provisions contained in this article. The city clerk shall communicate this request to persons in charge of such facilities and shall furnish such persons a copy of this article.

(Code 1968, § 12-20)

(a) "Smoking" or "no smoking" signs, whichever are appropriate, with letters 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 with a red bar across it, and citing this article, shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this article, by the owner, operator, manager or other person having control of such building or other place.

(b) Every 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 preference.

(Code 1968, § 12-14)

All enclosed facilities owned by the city shall be subject to the provisions of this article. Smoking and the use of electronic smoking devices is prohibited and unlawful within the boundaries of all city-owned and operated parks.

(Code 1968, § 12-8; Ord. No. 1777, § 4, 8-28-18)

(a) Smoking shall be prohibited in the following places within the city:

(1) All enclosed areas available to and customarily used by the general public and all businesses patronized by the public, including but not limited to retail stores, hotels and motels, pharmacies, child care facilities, banks and offices;

(2) Elevators, public restrooms, indoor service lines, and buses, taxicabs and other means of public transit under the authority of the city while within the boundaries of the city, and in ticket, boarding and waiting areas of public transit depots; provided, however, that this prohibition does not prevent the establishment of separate waiting areas for smokers and nonsmokers, or the establishment of at least 50 percent of a given waiting area as a nonsmoking area;

(3) Public areas of museums, galleries and libraries;

(4) Enclosed theaters, auditoriums and halls which are used for motion pictures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production;

(5) Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments set aside for the purpose of serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by this article;

(6) Hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted, when the public business requires or provides direct participation or observation by the general public;

(7) Public schools and other public facilities under the control of another public agency, which are available to and are customarily used by the general public, to the extent that the facilities are subject to the jurisdiction of the city; and

(8) Polling places.

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

(Code 1968, § 12-9)

(a) Smoking shall be prohibited in waiting rooms, hallways and other public areas of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctor's offices and dentist's offices.

(b) In bed space areas of health facilities used for two or more patients, smoking shall be prohibited, except that the facility may, at its option, permit smoking in a room provided that all patients within the room have requested in writing upon the health facility's admission form to be placed in a room where smoking is permitted.

(c) Health facilities shall also be subject to the provisions of this article regulating smoking in places of employment.

(Code 1968, § 12-10)

Smoking is prohibited and is unlawful within all indoor eating establishments serving food whose occupancy capacity is 40 or more persons; provided, however, that this prohibition shall not apply to any such establishment maintaining a contiguous no smoking area or separate no smoking rooms containing at least 50 percent of the seating capacity of the establishment. This prohibition shall not apply to any rooms which are being used for eating establishment purposes for private functions. Any portion of an indoor eating establishment used as a bar is excluded from the restrictions of this article.

(Code 1968, § 12-11)

(a) It shall be the responsibility of employers to provide smokefree areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

(b) Each employer and each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements:

(1) Smoking shall be prohibited in conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.

(2) Any employee in a place of employment shall have the right to designate his immediate work area as a no smoking area and to post the area with appropriate signs, to be provided by the employer. The policy adopted by the employer shall include a reasonable definition of the term "immediate work area."

(3) In any dispute arising under this smoking policy, the health concerns of the nonsmoker shall be given precedence.

(4) A separate and contiguous nonsmoking area of not less than 40 percent of the seating capacity and floor space shall be provided and maintained in cafeterias, lunchrooms and employee lounges.

(c) The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.

(d) Notwithstanding the provisions of subsection (a) of this section, every employer shall have the right to designate any place of employment or portion thereof as a no smoking area.

(Code 1968, § 12-12)

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

(1) Private residences, even when serving as a place of employment, excepting a private residence when serving as a child care facility.

(2) Bars.

(3) Hotel and motel rooms rented to guests.

(4) Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia.

(5) Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions.

(6) A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers, and a private enclosed office, excepting places in which smoking is prohibited by the fire district or by any other law, ordinance or regulation.

(Code 1968, § 12-13)