Chapter 8.20 — SMOKING IN PUBLIC PLACES

This chapter shall be known as the "Smoking Ordinance" of the city.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.010)

The city council finds that:

A.

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

B.

Reliable studies have shown that breathing 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 secondhand smoke include lung cancer, heart disease, 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 secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to secondhand smoke; and

E.

Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places of employment.

F.

Accordingly, the city council finds that the health, safety and general welfare of the residents of, persons employed in, and persons who frequent this city would be benefitted by the regulation of smoking in enclosed places, including places of employment.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.020)

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

"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.

"Bingo facility" means any enclosed place in which and during such time as any bingo game, permitted under the provisions of Chapter 5.12 of this Code is being conducted.

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

"Employer" means any person that employs the services of one or more individuals.

"Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress.

"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, employee lounges, restrooms, conference rooms, class rooms, cafeterias and hallways. Notwithstanding the preceding sentence, none of the following is a place of employment:

A private residence is not a place of employment unless it is used as a child care or health care facility;

A bingo facility.

"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, public transportation facilities, reception areas, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms, unless such place is subject to another definition set forth in this section.

"Restaurant" means any coffee shop, cafeteria, tavern, private or public school cafeteria, and any other eating establishment, which gives or offers food for sale to the public, guests, patrons or employees; except, that the term "restaurant" shall not include a cocktail lounge or tavern if the cocktail lounge or tavern is a "bar" as defined in this section.

"Service line" means any indoor line at which one or more individuals is waiting for or receiving service of any kind, whether or not such service includes the exchange of money.

"Smoking" means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting of or the emitting or inhaling of smoke of a pipe, cigar or cigarette of any kind. The use of any electronic smoking device and/or vapor pen that emits a vapor or aerosol will also be considered smoking.

"Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.030)

(Ord. No. 757, § 1, 8-25-2015)

A.

Smoking is prohibited in all buildings, vehicles or other enclosed areas occupied by the city staff, owned or leased by the city, or otherwise operated by the city, except in areas which the city administrator may designate as smoking areas. The city administrator may designate a smoking area only if the area involved:

Is not regularly open to the public; and

Does not require major room or building modification; and

Is not regularly occupied by nonsmokers.

B.

In any dispute arising out of the smoking area designations made by the city administrator under this chapter, the rights of the nonsmoker shall be given precedence.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.040)

Smoking is prohibited and is unlawful within elevators and buildings generally used by and open to the public, including elevators in offices, hotels and multifamily buildings.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.050)

A.

Smoking is prohibited and is unlawful 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, except in specially designated smoking areas, which may be all or part of a public area.

B.

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

C.

In bed space areas utilized for two or more patients, smoking shall be prohibited for hospital staff, visitors and the general public. "Staff and Visitor Smoking Prohibited" signs shall be conspicuously posted in such bed space areas.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.060)

Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers, places of public assembly in which public business is conducted requiring or providing direct participation or observation by the general public.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.070)

A.

Smoking is prohibited and is unlawful in every publicly owned or privately owned building or enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event or any other performance or event in all areas, except that area commonly known as the lobby, or in areas not open to the public.

B.

Every theater owner and/or manager shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater and auditorium.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.080)

Smoking is prohibited and is unlawful in public restrooms.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.090)

Smoking is prohibited and is unlawful in indoor service lines in which more than one person is giving or receiving services of any kind.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.100)

A.

All restaurants shall provide a nonsmoking area for sixty percent of the restaurant's total seating capacity by November 15, 1990, eighty percent of the restaurant's total seating capacity by November 15, 1991, and one hundred percent of the restaurant's total seating capacity by November 15, 1992.

B.

Smoking may be permitted in any room(s) used for private functions, but only while any such room is used for such private functions.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.110)

A.

Within ninety days of the effective date of the ordinance codified in this chapter each employer shall adopt, implement and maintain a written smoking policy which shall contain at a minimum the following:

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

Provision and maintenance of an exclusive no smoking area in cafeterias, lunchrooms and employee lounges of less than six hundred fifty square feet in area. Provision and maintenance of a contiguous no smoking area of not less than two-thirds of the seating capacity and floor space in employee cafeterias, lunchrooms and lounges of six hundred fifty or more square feet in area. Fifty percent of outdoor eating area seating shall be reserved and designated a nonsmoking area; and, provided, that with respect to employee lounges where there is more than one such lounge in any building, an employer may comply with this section by designating not less than half of the number of such lounges and not less than half the square footage of such lounges as no smoking. The employer shall define the term "lounge" in its smoking policy;

Any employee in the office workplace shall be given the right to designate his or her immediate 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;

In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence;

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; signs of similar size containing 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) may be used in addition to or in lieu of any signs required in this section.

B.

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

C.

Notwithstanding the provisions of subsection A of this section, every employer shall have the right to designate any office workplace as a nonsmoking area.

D.

This section is not intended to regulate smoking in the following places and under the following conditions:

A private home which may serve as an office workplace;

Any property owned or leased by other governmental agencies;

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

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.120)

A.

Smoking is prohibited and unlawful in all areas of the following establishments which are available and customarily open to the general public:

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, banks, retail food marketing establishments, and other offices providing professional services to the public;

In public areas of museums and galleries;

Public schools and other public facilities under the control of a public agency other than the city which are available to and customarily used by the general public;

Sports arenas;

Any bingo facility.

B.

Smoking is also prohibited in the unenclosed areas of the following places within the City of Grass Valley, in addition to places where smoking is already prohibited by state or federal law:

All city properties wherever located, including municipal parking lots, sidewalks, and streets in the downtown core, except for such areas as may be expressly excluded by subsequent resolution duly adopted by the city council.

a.

The downtown core boundaries are defined as West Main Street from South School Street to East Main Street to Bennett Street to Tinloy Street to Neal Street to South Church Street to West Main Street. The boundaries also include Mill Street from Neal Street to the western entrance/exit of the Safeway shopping center. The public sidewalk on both sides of the perimeter boundary streets are included as well.

Smoking is prohibited within twenty feet of all business doors and or operable windows that are open to the public, including those of private property, within the downtown core. Also to include any private area adjacent to or within twenty feet or a street or public sidewalk.

Any private property owner within the downtown core may post their property to prohibit smoking as defined in Section 8.20.150.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.130)

(Ord. No. 753, § 1, 10-23-2012; Ord. No. 757, § 2, 8-25-2015)

Notwithstanding any other provision of this chapter, smoking may be permitted in cardrooms licensed pursuant to this code.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.140)

Except where other signs are required, whenever in this code smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering no less than one inch in height, on a contrasting background; the signs shall be placed by the owner, operator, manager or other person having control of such room, building or other place where smoking is prohibited.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.150)

A.

The city administrator or his designated representative shall be responsible for compliance with this chapter as to facilities which are owned, operated or leased by the city.

B.

The owner, operator or manager of any facility, business or agency within the purview of this chapter shall comply with the provisions of this chapter. Such owner, operator or manager shall post or cause to be posted all no smoking signs required by this chapter and shall not allow service to any person who violates this chapter by smoking in a posted no smoking area.

C.

Any place of employment conducted or operated without compliance with the provisions of Section 8.20.120 of this chapter applicable thereto shall be and the same is declared to be a public nuisance. Whenever there is reason to believe such public nuisance exists, any affected employee or any resident of the city, in his or her own name, may maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the employer from maintaining or permitting it. Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, an employer determined to be in violation of Section 8.20.120 of this chapter shall be liable for the attorney's fee, as may be determined by the court, incurred by the party bringing the action.

D.

The city administrator or his or her designee may enforce Section 8.20.120 of this chapter by either of the following actions:

Serving notice requiring the correction of any violation of that section; or

Requesting the city attorney to maintain an action for injunction to enforce the provisions of Section 8.20.120 of this chapter, to cause the correction of any such violation, and for assessment and recovery of a civil penalty of such violation, including attorney's fees.

E.

Any employer who violates Section 8.20.120 of this chapter may be liable for a civil penalty, not to exceed one thousand dollars, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the city. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this subsection shall be paid to the finance director of the city.

F.

In undertaking the enforcement of Section 8.20.120 of this chapter, the city is assuming an undertaking only to promote the general welfare. It is not assuming any duty or obligation, nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money damages or otherwise to any person who claims that (1) the city or one of its officers or employees breached any such obligation, and (2) the breach proximately caused injury.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.160)

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

A.

Private residences, except when used as a child care or health care facility;

B.

Hotel and motel rooms rented to guests; unless posted otherwise;

C.

Retail tobacco stores;

D.

A private, enclosed office workplace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers;

E.

Any area exterior to the building in which the establishment or facility is located;

F.

Any enclosed rooms in an establishment or facility which are being used entirely for private functions.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.170)

Any person who violates any of the provisions of this chapter is guilty of an infraction punishable under Chapter 1.12 of this Code. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.180; Ord. No. 791, § 1, 9-26-2017)

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 chapter.

(Ord. 438 § 2 (part), 1990: prior code § 14A.1.190)

A.

Any owner or manager of a restaurant subject to this chapter may apply for an exemption or modification of its provisions. Exemptions may only be granted on:

A showing by the petitioner of a significant financial hardship due to compliance; or

The proposed implementation of an alternative approach or technology which would provide equivalent protection for the health hazards of second hand smoke.

B.

All restaurants shall be granted an exemption from the one hundred percent no smoking requirements of Section 8.20.110 until February 24, 1993. During such exemption period, restaurants shall provide a non- smoking area of eighty percent of the restaurants' total seating capacity.

C.

The city council shall, by resolution, establish an application and review procedure for the consideration of applications for exemptions under this section.

D.

Any restaurant granted an exemption pursuant to this section shall post conspicuous signs so stating that the establishment is a smoking establishment. The sign shall contain all capital lettering no less than one inch in height on a contrasting background.

(Ord. 491 § 1, 1992)