Laguna Niguel Municipal Code Art. 2 Smoking in Buildings Owned or Leased by City

Footnotes:

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Cross reference— Administration and personnel, tit. 2.

(a) For purposes of this article, the term "city" includes all entities of which the city council is the governing body.

(b) The term "smoke" or "smoking," as used throughout this division, shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind.

(c) For purposes of this article, the term "department head" shall mean the person who is the principal officer or employee of an agency, department or district for the discharge of duties provided by law or particular delegated functions. Where an agency, department or district shares a common area of a building or leased area with another agency, department or district, the official designated for such purpose by the city council will be considered the department head with respect to common areas.

(Ord. No. 90-11, § 4, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

Smoking shall be prohibited in buildings owned or leased by the city, except in designated areas, as provided in this section.

(1) Selection and posting of designated areas. Smoking shall be permitted in those areas designated by the department head, with the concurrence of the city manager's office, which are posted with appropriate signs such as signs reading "Smoking Permitted in This Area." Smoking shall not be permitted in such areas until such written concurrence is given. The city manager's office shall be guided by the following criteria:

a. The goal shall be to implement a uniform policy of permitting smoking in certain designated areas.

b. Existing physical barriers and ventilation systems shall be considered to minimize the effect of smoke in adjacent nonsmoking areas.

c. Consideration may be given to time as well as place in designation of permissible smoking areas; for example, where an employee lounge is designated as a smoking area, smoking may be prohibited during normal meal hours.

d. The area comprising the designated smoking area should comprise no more than approximately ten percent of the usable floorspace of the particular city-owned or city-leased building.

e. Flexibility and consideration of the needs of both smokers and nonsmokers should provide for resolution of most problems; however, the health concerns of nonsmokers shall be given priority consideration in resolving any conflicts arising from implementation of this policy.

f. Where an agency, department or district shares a building or leased area with another agency, department or district, the official designated for such purpose by the city council shall conduct a review of such shared areas for possible recommendation of designated areas to the city manager's office for concurrence.

(2) Review of restrictions. There is established a no smoking ordinance compliance committee. The membership of the committee shall be as specified by the city council. Staff support shall be provided by the city manager's office. The committee shall meet, as necessary, in the following situations:

a. Where a department head seeks review of the nonconcurrence of the city manager's office, relating to subsection (1) of this section.

b. Where an employee seeks review of action under subsection (1) of this section creating a designated area.

c. Where an employee seeks review of a department head's action not to create a designated area under subsection (1) of this section.

d. At least twice annually, to review all concurrences granted by the city manager's office for consistency with the objectives of this division and correct inconsistencies where appropriate.

The no smoking ordinance compliance committee shall be guided by those factors enumerated under subsection (1) of this section and shall be empowered, if necessary, to supersede any action of the city manager's office or the department head, or both, relating to the creation of designated areas under subsection (1) of this section. If one of the members of the no smoking ordinance compliance committee is also the department head involved in a review proceeding under subsection (2)a., b. or c. of this section, the city attorney or his designee shall act on the committee in place of such person.

(3) Notice to employees. The provisions of this division shall be communicated to all current employees and to all future employees at the time of their entry into employment.

(4) Assistance to employees who smoke. The personnel department, in cooperation with the health officer, shall assist employees who wish such assistance in locating and enrolling in classes on how to break their smoking habit.

(5) Exemptions. The following places shall not be subject to the provisions of this article, but shall be subject to smoking regulations as determined by the chief of police:

a. Jails or other adult detention facilities.

b. Prisoner holding areas in adult court facilities.

(Ord. No. 90-11, § 4, 3-6-90)