Hesperia Municipal Code Ch. 8.12 Smoking

This chapter shall be known as the "City of Hesperia Smoking Pollution Control Ordinance."

(Ord. 125 § 2, 1992)

Smoking is prohibited in all enclosed areas owned, operated or controlled by the city.

(Ord. 125 § 4, 1992)

Smoking is prohibited in the following areas within the city, except as otherwise provided herein:

A. Retail stores, pharmacies, child care, and bank facilities;

B. Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transportation 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 a separate waiting area for smokers and nonsmokers;

C. Public areas of museums, galleries and libraries;

D. Enclosed theaters, auditoriums and halls which are used for motion pictures, stage dramas and musical performance, ballet, or other exhibitions or performances; except as to those persons actually participating in such performances;

E. Retail food marketing establishments, including grocery stores and supermarkets, except for those areas set aside for the purpose of serving food and drink, restrooms and private offices which are otherwise regulated by this chapter;

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

G. Polling places;

H. 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.

(Ord. 125 § 5, 1992)

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, doctors' offices and dentists' offices.

(Ord. 125 § 6, 1992)

Every eating establishment shall establish at minimum a nonsmoking section not less than sixty (60) percent of the serving area. This prohibition shall not apply to enclosed rooms used for any private function. Any portion of an indoor eating establishment used primarily as a bar is excluded from the restrictions of this section.

(Ord. 125 § 7, 1992)

Other than as provided in Section 8.12.030, the following areas shall not be subject to smoking restrictions:

A. Private residences, excepting a private residence which operates as any form of child care facility, in which case smoking is prohibited only during the operating hours of such facility;

B. Bars;

C. Hotel and motel rooms rented to guests;

D. Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;

E. Restaurant, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions;

F. Private enclosed places occupied exclusively by smokers, even though such a place may be visited by non-smokers, excepting places in which smoking is prohibited by the fire department or by any law, ordinance, or regulation;

G. Private offices;

H. Unenclosed common areas of shopping centers and malls.

(Ord. 125 § 8, 1992)

A. "Smoking Area" 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 chapter number shall be clearly, sufficiently, and conspicuously posted in every building where smoking is controlled by this chapter, by the owner, manager or other person having control of such building or other place. Placement of such signs shall be designed so as to afford occupants reasonable notice as to areas subject to the city's smoking regulations.

B. Every restaurant regulated by this chapter shall have posted at its entrance a sign clearly stating that a nonsmoking section is available and every person shall be asked as to his or her preference.

(Ord. 125 § 9, 1992)

No cigarette or other tobacco product may be sold, offered for sale or distributed by or from a vending machine or appliance, or any other coin operated mechanical device designed or used for vending purposes, except for vending machines located within the premises licensed by the state of California for on site liquor sales and located within areas of such premises to which access by minors is prohibited by law.

(Ord. 125 § 10, 1992)