Grand Terrace Municipal Code Ch. 8.104 Smoking

Footnotes:

--- (6) ---

Editor's note— Ord. No. 275, § 3, adopted September 23, 2014, amended Chapter 8.104 in its entirety to read as herein set out. Formerly, Chapter 8.104, §§ 8.104.010—8.104.130 pertained to similar subject matter, and derived from Ord. No. 98, §§ 1—13, adopted in 1985.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:

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

B. "Eating establishment" means every publicly or privately owned eating place, including coffee shops, cafeterias, short-order cafes, luncheonettes, sandwich shops, soda fountains and restaurants.

C. "Electronic smoking device" means any device that delivers vapors for inhalation of tobacco products. This term shall include 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.

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

E. "Employer" means any person who employs the services of an individual person or employee.

F. "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies.

G. "Motion picture theater" means any theater engaged in the business of exhibiting motion pictures.

H. "Smoking" means the use of any cigar, cigarette, pipe, electronic smoking device, or any other similar article, using any form of tobacco, tobacco product, or other combustible substance in any form.

I. "Workplace" means any enclosed area of a structure or portion thereof intended for occupancy by business entities which will provide primarily clerical, professional or business services of the business entity, or which will provide primarily clerical, professional or business services to other business entities or to the public at that location. Workplace includes, but is not limited to, office spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes.

J. "Park" means any community park, neighborhood park, special use or other park, and any open space area maintained by the City.

K. "Tobacco product" means any manufactured substance made from the tobacco plant, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking or ingestion.

(Ord. No. 275, § 3, 9-23-2014)

Smoking is prohibited and is unlawful in elevators.

(Ord. No. 275, § 3, 9-23-2014)

A. In public areas of health care facilities and hospitals, as defined in Section 1250 of the California Health and Safety Code, including waiting rooms, public hallways and lobbies, smoking is prohibited, except in specially designated smoking areas, which may be all or part of a public area.

B. Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in rooms occupied by two or more patients according to the patient's individual smoking or nonsmoking preference.

C. In rooms and areas occupied by patients, smoking shall be prohibited for hospital staff, visitors and the general public. "STAFF AND VISITOR SMOKING PROHIBITED" signs and/or the international logo sign for not smoking shall be conspicuously posted in each patient room.

D. In child care facilities, including those in private homes, during operating hours in rooms where children are present, smoking is prohibited.

(Ord. No. 275, § 3, 9-23-2014)

Smoking is prohibited and is unlawful in 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.

(Ord. No. 275, § 3, 9-23-2014)

Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic events or any other performance or event in all areas except either in that area commonly known as the lobby, or in areas not open to the public, except athletic events where smoking shall be permitted in specially designated areas. Every such theater, auditorium or other enclosed facility used for the purposes stated in this Section shall have posted, signs conspicuously located in the lobby stating that smoking is prohibited within the theater, auditorium or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds before showing feature motion pictures.

(Ord. No. 275, § 3, 9-23-2014)

Smoking is prohibited and is unlawful in all indoor eating establishments serving food, which have an occupancy capacity of 50 or more persons. This prohibition shall not apply to any establishment maintaining a contiguous nonsmoking area of at least one-quarter of the seating capacity. This prohibition shall not apply to any rooms which are being used for eating establishment purposes for private functions. If a smoking area is maintained, the preference for the patron is to be determined by the management and the patron shall be seated according to the preference if possible. Any portion of an indoor eating establishment used for bar purposes is excluded from the restrictions of this Section.

(Ord. No. 275, § 3, 9-23-2014)

Smoking is prohibited and is unlawful in public areas of every department store which sells dry goods, clothing or utensils, excluding areas outdoors.

(Ord. No. 275, § 3, 9-23-2014)

A. Except in such places in which smoking is already prohibited by State or Federal law, in which case the State or Federal law applies, it shall be an infraction to smoke in the following areas:

1. In any City building or facility.

2. Within 20 feet of any entrance, exit, operable windows, or ventilation ducts of any City building or facility.

(Ord. No. 275, § 3, 9-23-2014; Ord. No. 369, § 27, 7-22-2025)

It shall be an infraction to smoke in any outdoor area that has been improved or developed by or on behalf of the City, and open to the general public for park or open space use, including, but not limited to public parks, picnic areas, playgrounds, sports or playing fields, walking paths, gardens, hiking trails, bike paths, and any other areas designated a park by the Director of Community Development.

(Ord. No. 369, § 27, 7-22-2025; Ord. No. 275, § 3, 9-23-2014)

It is an infraction to dispose of lighted or unlighted cigars, cigar butts, cigarettes, cigarette butts, pipes, electronic smoking devices, or any other similar article used for smoking in the boundaries of an area where smoking is prohibited, other than in designated waste receptacles.

(Ord. No. 369, § 27, 7-22-2025; Ord. No. 275, § 3, 9-23-2014)

A. Within 90 days of the effective date of the ordinance codified in this Chapter, or within 90 days of having first engaged the services of an employee, for employers, who are not in operation on the effective date of this Chapter, each employer shall adopt, implement and maintain a reasonable written smoking policy which should contain, as a minimum, the following:

1. Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.

2. Provision and maintenance of a contiguous no-smoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges.

3. Any employee in the workplace shall be given the right to designate his or her immediate work area as a nonsmoking area and to post it with appropriate signs or sign. The policy adopted by the employer shall include a definition of the term "immediate work area" which gives preferential consideration to nonsmokers.

B. In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given preference.

C. Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height, on a contrasting background. In lieu of such signs the international no smoking logo may be prominently displayed.

D. The smoking policy shall be communicated to all employees within two weeks of its adoption.

E. Notwithstanding the provisions of Subsection A. of this Section, every employer shall have the right to designate any workplace as a nonsmoking area.

F. This Section is not intended to regulate smoking in the following places and under the following conditions:

1. A private home which may serve as a workplace, except as required pursuant to Subsection D. of Section 8.104.030.

2. Any property owned or leased by other governmental agencies.

3. A private, enclosed workplace occupied exclusively by smokers, even though such a workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation.

4. Food and beverage service areas of indoor eating establishments.

G. An employer who in good faith develops and promulgates a reasonable written policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance provided that a policy which designates an entire workplace as a smoking area shall not be deemed a reasonable policy.

(Ord. No. 275, § 3, 9-23-2014)

A. Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height and/or the international no smoking logo, on a contrasting background. It is the duty of the owner, operator, manager or other persons having control of such room, building or other place where smoking is prohibited, to post such signs or to cause such signs to be posted.

B. It is unlawful to willfully mutilate or destroy any signs required by this Section.

(Ord. No. 275, § 3, 9-23-2014)

A. It shall be a violation of this Chapter to use an electronic smoking device in any place within the City where smoking is prohibited by law.

B. No person or entity shall knowingly permit the use of electronic smoking device in an area under the legal or de facto control of that person or entity and in which smoking is prohibited by law.

C. All other regulations and prohibitions contained in this Chapter relating to tobacco products shall apply the same to electronic smoking devices.

(Ord. No. 275, § 3, 9-23-2014)

Federal, State, County, school and special district officials are urged to enact and enforce provisions similar to the provisions of this Chapter.

(Ord. No. 275, § 3, 9-23-2014)

A. It shall be the responsibility of employers to provide smoke-free 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. Nothing in this Chapter shall require the owner, operator or manager of any theater, auditorium, health care facility or any building, facility, structure or business to incur any expense to make structural or other physical modifications to any area or workplace.

C. Nothing in this Section shall relieve any person from the duty to post signs or adopt policies as required by this Chapter.

(Ord. No. 275, § 3, 9-23-2014)

Violation of any provision or failure to comply with any requirement of this Chapter is an infraction.

(Ord. No. 275, § 3, 9-23-2014)