Hillsborough Municipal Code Ch. 8.40 Tobacco Smoking Regulations

The town council of the town of Hillsborough does find that:

A. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution;

B. Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the U.S. Environmental Protection Agency, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children and teens, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;

C. Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease;

D. Reliable scientific studies assessed by the U.S. Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at least fifty-three thousand nonsmokers annually and is a leading cause of premature death and disability among nonsmokers;

E. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same;

F. Persons, particularly employees, have a right to a smoke-free environment if they desire;

G. Tobacco smoking is a leading cause of fires. In addition, cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses;

H. Substantial scientific evidence exists that the direct use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.;

I. The National Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent;

J. The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.; and

K. The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin;

L. E-cigarettes are battery operated devices that generally use liquid cartridges filled with nicotine, flavors, and other chemicals. E-cigarettes convert liquid nicotine, which is a known neuro-toxin and highly addictive substance, into chemically impregnated gas that is inhaled by a user simulating smoking; and

M. Some e-cigarette cartridges claim not to contain nicotine, but there is no regulatory program to monitor this assertion and no way for the town to determine which cartridges may or may not contain nicotine.

Accordingly, the city council finds and declares that the purposes of this chapter are:

• To protect public health, safety, and general welfare by prohibiting the use of tobacco products and e-cigarettes in enclosed areas in the Town of Hillsborough which are owned or leased by the town or otherwise used by the Town of Hillsborough; and

• To guarantee the right of nonsmokers to breathe tobacco smoke-free air and to recognize that the need to breathe tobacco smoke-free air has priority over the desire to smoke.

The city council further finds it is within its basic police power to implement and enforce the provisions of this section.

(Ord. 522, 06/14/93)

(Ord. No. 718, § 1, 10-13-2014)

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

A. "Electronic cigarette" or "e-cigarette" means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. This term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking device.

B. "Employee" means any person who is employed by the town in consideration for direct or indirect monetary wages or profit and any person who works for the town in the legal status of independent contractor and any person who works for the town as an employee or independent contractor of an entity which contracts with the town. "Employee" also means any person who volunteers his or her services to the town, including, but not limited to, as a member of or participant with any council, board, commission, committee, agency or other body of the town.

C. "Employment area" means any area in the Town of Hillsborough owned or leased by the town (or, if not owned or leased by the town, used by the town but only during such use) which employees normally frequent during the course of their duties or town-related activities, including, but not limited to, work areas, offices, lounges, restrooms, conference and meeting rooms, classrooms, parks, playgrounds, athletic fields, streets, roadways, auditoriums, lunch rooms, cafeterias, hallways, elevators, stairs and similar spaces.

D. "Public area" means any open or enclosed area in the Town of Hillsborough owned or leased by the town (or, if not owned or leased by the town, used by the town but only during such use) which is:

1. Available to and customarily used by the general public or patronized by the public, including, but not limited to, lobbies, offices, lounges, restrooms, conference and meeting rooms, classrooms, auditoriums, lunch rooms, cafeterias, hallways, elevators, stairs, parking lots, and similar spaces;

2. Used for community service center meetings, lectures, musical recitals, or other similar performances, or as a place of meeting or public assembly;

3. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money;

4. Used as a park, playground, athletic field or passive recreational area; or

5. Used for special events conducted or sponsored (in whole or in part) by the town.

E. "Smoking" means inhaling, exhaling, burning or carrying any lighted tobacco product including e-cigarettes, as hereinafter defined, in any manner or in any form.

F. "Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.

G. "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.

H. "Town" shall mean the Town of Hillsborough.

(Ord. 522, 06/14/93)

(Ord. No. 708, § 1, 8-12-2013; Ord. No. 718, §§ 2, 3, 10-13-2014)

A. Smoking shall be prohibited in all employee areas, public areas, and town vehicles (whether such vehicles are owned or leased by the town, including, but not limited to, vans under the authority of the town).

B. No tobacco vending machine shall be located on any real property owned or leased by the town, including, but not limited to, in any building or other structure located on such real property.

C. Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment or facility in the town may declare that entire establishment or facility as a nonsmoking establishment.

(Ord. 522, 06/14/93)

A. Within ninety days after the date of adoption of this ordinance, the city manager of the town and his staff shall complete a written smoking policy implementing this ordinance.

B. A copy of the smoking policy shall be given to all employees within three weeks of its adoption and to all new employees as they embark upon their duties or activities.

(Ord. 522, 06/14/93)

(Ord. No. 708, § 1, 8-12-2013)

The town shall post "No Smoking" signs 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) in conspicuous locations at building entrances, parks entrances, and in lounges, restrooms and lunchrooms covered by this chapter and at such other locations covered by this chapter as necessary to achieve compliance with this ordinance.

(Ord. 522, 06/14/93)

(Ord. No. 708, § 1, 8-12-2013)

A. The city manager or his designee shall be responsible for enforcement of this chapter.

B. Any town resident who desires to register a complaint under this chapter may do so with the city manager or his designee, who shall review and respond to such complaint.

C. Notwithstanding any other provision of this chapter, a town resident may bring private legal action to enforce this ordinance.

(Ord. 522, 06/14/93)

A. It shall be unlawful for any person to smoke or use e-cigarettes in any area where smoking is prohibited under Section 8.40.030 of this chapter or under state or federal law, or to locate a tobacco vending machine in violation of this chapter.

B. Any person who violates any provision of this chapter shall be deemed guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the applicable maximum fine set forth in Government Code Section 36900 or any successor statute.

(Ord. 522, 06/14/93)

(Ord. No. 718, § 4, 10-13-2014)

The town shall not discharge, refuse to hire, or in any manner retaliate against any employee or applicant for such position because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter.

(Ord. 522, 06/14/93)

The city manager or his designee shall have the ongoing responsibility of communicating the purposes and requirements of this chapter to persons affected by it and to guide employees in their compliance with it. Such communication may include one or more articles in the town's hiring packet and the town's newsletter from time to time explaining the provision of this chapter.

(Ord. 522, 06/14/93)

(Ord. No. 708, § 1, 8-12-2013)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 522, 06/14/93)