Nevada County Municipal Code Ch. 1 Smoking Pollution Control

This Chapter shall be known as the Smoking Ordinance of Nevada County.

(Ord. 2530. (10/24/2023))

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

A. 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.

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

C. 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 their services for a non-profit entity.

D. Employer means any person that employs the services of one (1) or more individuals.

E. Enclosed means closed in by roof and four (4) walls with appropriate openings for ingress and egress, including covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms.

• 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, classrooms, cafeterias, and hallways. Notwithstanding the preceding sentence, none of the following is a place of employment:

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

2. A bingo facility.

F. 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.

G. 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 said cocktail lounge or tavern is a "bar" as defined in this Code.

H. Service Line means any indoor line at which one (1) or more individuals is waiting for or receiving service of any kind, whether or not such services includes the exchange of money.

I. 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 the smoke of a pipe, cigar, or cigarette, or tobacco product of any kind.

J. 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.

K. Tobacco Product means any of the following:

1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

3. Any component, part, or accessory of a tobacco product, whether or not sold separately.

4. "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose (Cal. Bus. & Prof. Code § 22950.5).

5. This definition includes but is not limited to any revisions in California State Statute.

(Ord. 2530. (10/24/2023))

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

1. Is not in an enclosed workplace and meets all of the regulations of Cal. Lab. Code §§ 6400—6413.5;

2. Is not within twenty (20') feet of main exit, entrance, and operable windows of all county buildings; and

3. Is determined not to create a fire risk.

B. In any dispute arising out of the smoking area designations made by the County Administrator under this Chapter, the rights of the non-smoker shall be given precedence.

(Ord. 2530. (10/24/2023))

Smoking is prohibited and is unlawful within elevators and buildings generally used by and open to the public, including elevators in office, hotel, and multi-family buildings.

(Ord. 2530. (10/24/2023))

Smoking is prohibited and is unlawful in public areas of health care facilities and hospitals, as defined in Cal. Health & Safety Code § 1250, including waiting rooms, public hallways and lobbies, except in specially designated smoking areas of long-term health care facilities.

(Ord. 2530. (10/24/2023))

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

(Ord. 2530. (10/24/2023))

Smoking is prohibited and is unlawful in every publicly 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 either in that area commonly known as the lobby, or in areas not open to the public. An exception is if smoking is an integral part of the story in a theatrical production.

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

(Ord. 2530. (10/24/2023))

Smoking is prohibited and is unlawful in public restrooms.

(Ord. 2530. (10/24/2023))

Smoking is prohibited and is unlawful in indoor service lines in which more than one (1) person is giving or receiving services of any kind.

(Ord. 2530. (10/24/2023))

A. Smoking is prohibited in all restaurants.

(Ord. 2530. (10/24/2023))

A. Within ninety (90) days of the effective date of the ordinance codified in this Chapter each employer shall adapt, implement and maintain a written smoking policy which shall contain at 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 that smoking shall not occur in cafeterias, lunchrooms, and employee lounges;

3. In any dispute arising under the smoking policy, the rights of the non-smoker shall be given precedence;

4. 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 (1") 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 hereunder.

B. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.

C. Notwithstanding any other provisions of this Section, every employer shall designate any office workplace as a non-smoking area.

D. 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 an office workplace;

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

(Ord. 2530. (10/24/2023))

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

A. 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, professional offices and other offices;

B. In public areas of museums and galleries;

C. Retail food marketing establishments, including grocery stores and supermarkets except those areas of such establishments set aside for the serving of food and drink, restrooms, offices, and areas thereof not open to the public, which may be otherwise regulated by this Chapter;

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

E. Sports arenas;

F. Within any bingo facility.

G. Notwithstanding any other provision of this Section, any owner, operator, manager, or other person who controls any establishment described in this Section may declare the entire establishment as a non-smoking establishment.

(Ord. 2530. (10/24/2023))

Except where other signs are required, whenever in this Code smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one (1") inch in height, on a contrasting background. Said signs shall be placed by the owner, operator, manager, or other persons having control of such place where smoking is prohibited.

(Ord. 2530. (10/24/2023))

A. While the smoking prohibition set forth in State statute constitutes a uniform statewide standard for regulating smoking, the County Administrator or their designated representative may be responsible for compliance with this Chapter as to facilities which are owned, operated or leased by the County.

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. For purposes of this Section, an employer or owner-operator of an owner-operated business who permits any non-employee access to their place of employment or owner-operated business on a regular basis has not acted knowingly or intentionally in violation of this Section if they have taken the following reasonable steps to prevent smoking by a nonemployee:

1. Posted clear and prominent signs, as follows:

(A) Where smoking is prohibited throughout the building or structure, a sign stating "No smoking" shall be posted at each entrance to the building or structure;

(B) Where smoking is permitted in designated areas of the building or structure, a sign stating "Smoking is prohibited except in designated areas" shall be posted at each entrance to the building or structure.

2. As requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace or owner-operated business (Cal. Lab. Code § 6404.5(d)).

C. Any place of employment conducted or operated without compliance with the provisions of Section 7.01.110 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 County, in their 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 7.01.110 of this Chapter shall be liable for the attorney's fees, as may be determined by the court, incurred by the party bringing the action.

D. The County Administrator or their designee may enforce Section 7.01.110 of this Chapter by either of the following actions:

1. Serving notice to any person, firm, company, corporation, or association requiring the correction of any violation of that section; or

2. Issuing a citation to any person, firm, company, corporation, or association in violation of that section.

E. Any employer who violates Section 7.01.110, Workplace Smoking Rrestrictions, of this Chapter, or State statutes, may be liable for a civil penalty, not to exceed one thousand dollars ($1,000.00), which penalty shall be assessed and recovered in a civil action brought in the name of the people of the County. 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 County Treasurer.

F. In undertaking the enforcement of Section 7.01.110, the County 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 County or one of its officers or employees breached any such obligation, and (2) the breach proximately caused injury.

(Ord. 2530. (10/24/2023))

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 childcare or health care facility;

B. Twenty percent (20%) of hotel and motel rooms rented to guests;

C. Retail tobacco stores and private smoking lounges;

D. Reserved;

E. Any area exterior to the building in which the establishment or facility but not within twenty (20') feet of main exit, entrance, and operable windows of all county buildings;

F. Cabs of motortrucks, if nonsmoking employees are not present;

G. Patient smoking areas in long-term health care facilities, as defined in Cal. Health & Safety Code § 1418.

(Ord. 2530. (10/24/2023))

Whenever any act is prohibited by this Chapter or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation shall be deemed an infraction, and upon conviction thereof there shall be a fine imposed as follows (Cal. Govt. Code § 25132):

A. For a first offense, a fine of one hundred dollars ($100.00).

B. For a second offense of the same ordinance or section within a twelve (12)-month period, a fine of two hundred dollars ($200.00).

C. For a third or subsequent violation of the same ordinance or section within a twelve (12)-month period, a fine of five hundred dollars ($500.00).

(Ord. 2530. (10/24/2023))

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. 2530. (10/24/2023))