§ 6-13

(a) The Legislature of the State of California, in enacting the California Indoor Clean Air Act of 1976 (Cal. Health & Safety Code §§ 118875 et seq.) found and declared that tobacco smoke is a hazard to the health of the general public. (b) Cal. Health & Safety Code § 118910 provides: “The Legislature declares its intent not to preempt the field of regulation of the smoking of tobacco. A local governing body may ban completely the smoking of tobacco, or may regulate such smoking in any manner not inconsistent with this chapter or any other provision of state law.” (c) The City Council hereby declares its intent to prohibit or regulate, as the case may be, the smoking of tobacco and other substances in certain public and privately owned buildings, or portions of buildings, as set forth in the succeeding sections of this chapter. In the event the provisions of this chapter and state law both apply to regulate smoking in a building or a portion of a building, then the more restrictive provisions shall apply. (§ 1, Ord. 2389, eff. June 18, 1987)

(a) “Smoking” means the combustion of tobacco or any other substance in a cigar, cigarette, pipe or any similar smoking device. “Smoking” shall include the act or carrying a lighted cigar, cigarette, pipe or other similar smoking device. (b) “Building” is any structure used or intended for supporting or sheltering any use or occupancy.

(c) “Publicly owned buildings” include privately owned buildings, or portions thereof, which are used or occupied by a governmental entity. “Publicly owned building” does not include any building, or portion thereof, owned by a governmental entity but used or occupied as a private residence or privately owned business. (d) “Enclosed” means a space within a building which is separated from other portions of the building by a roof or ceiling and walls where all indoor openings thereto are capable of being closed off from other portions of the building. (e) “Bar” means an area which is devoted to the serving of alcoholic beverages for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages. (f) “Office workplace” means any building or portion thereof intended for occupancy by business entities which will provide primarily clerical, professional or business services of the business entity, or which will provide primarily clerical, professional or business services to other business entities or to the public, at that location. (§ 1, Ord. 2389, eff. June 18, 1987)

Smoking is regulated in publicly owned buildings as follows: (a) Smoking is prohibited in all portions of publicly owned buildings which are normally used or visited by members of the public, such as assembly rooms, conference rooms, counter areas, hallways, corridors and work areas immediately adjacent to the foregoing. (b) In other portions of publicly owned buildings which meet the definition of “office workplace,” smoking shall be regulated in the manner prescribed by § 6-13.10 of this Code. (c) Subsection (a) of this section shall not apply to the terminal buildings at the Ontario International Airport. (d) The provisions of this section do not apply to publicly owned buildings, or portions thereof, which are used or occupied by the United States, the State of California, or any agency or instrumentality thereof. (§ 1, Ord. 2389, eff. June 18, 1987)

Smoking is prohibited in elevators except those located in a single-family residence. (§ 1, Ord. 2389, eff. June 18, 1987)

During hours when children are present, smoking is prohibited in all indoor rooms of day-care centers which are or which may be used or occupied by children. (§ 1, Ord. 2389, eff. June 18, 1987)

Other than in a portion of that area commonly known as the lobby which the owner or manager has designated as a smoking area, smoking is prohibited within that portion of any building open to the general public for the primary purpose of exhibiting any motion picture, stage drama, music recital, sporting event or any other performance. Such prohibition shall not apply except during those times when that portion of the building is actually open to the public. (§ 1, Ord. 2389, eff. June 18, 1987)

(a) Smoking is prohibited in every restaurant, coffee shop, cafeteria or other eating establishment whose seating capacity is fifty (50) or more persons, excluding from that calculation of capacity any portion of such facility which is located outdoors and any portion of such facility which is utilized for bar purposes; provided, however, this prohibition shall not apply to any such establishment maintaining a contiguous no smoking area of not less than one- quarter of both the seating capacity and the floor space in which customers are being served, excluding from said calculations any portion of such facility which is utilized for bar purposes; and further provided, however, that this prohibition shall not apply to enclosed banquet rooms in use for private functions. (b) In eating establishments having a seating capacity of forty-nine (49) or less persons, reasonable efforts shall be made to provide seating for nonsmoking patrons away from patrons who smoke. (c) The no smoking provisions of this section shall not apply to bars or outdoor areas. (d) The provisions of this section shall not apply to eating establishments located in the terminal buildings at the Ontario International Airport. (§ 1, Ord. 2389, eff. June 18, 1987)

Smoking is prohibited in all restrooms which are open to use by the general public. (§ 1, Ord. 2389, eff. June 18, 1987)

Notwithstanding any other provision of this chapter, smoking is prohibited in any enclosed room or any other portion of a building occupied by a business establishment which is designated by the owner or manager of such business establishment as a no smoking area, and which is posted as a no smoking area with signs meeting the requirements of § 6-13.11. (§ 1, Ord. 2389, eff. June 18, 1987)

(a) Each employer who operates an office workplace shall within three (3) months of the effective date of this chapter adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirements: (1) Any nonsmoking employee may object to his or her employer about smoke in his or her workplace. Using already available means of ventilation or separation of partitions of office space, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of nonsmoking and smoking employees. However, an employer is not required by this chapter to make any expenditures or structural changes to accommodate the preferences of nonsmoking or smoking employees. (2) If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached in any given office workplace, the preferences of the nonsmoking employees shall prevail and the employer shall prohibit smoking in that office workplace. Where the employer prohibits smoking in an office workplace, the area in which smoking is prohibited shall be posted as a no smoking area with signs meeting the requirements of § 6-13.11. (b) The smoking policies shall be announced within three (3) weeks of adoption to all employees working in the office workplace, and shall be posted conspicuously in the office workplace. (c) This section shall not apply to: (1) A single-family residence which is incidentally used as an office workplace;

(2) Any property used or occupied by the federal or state government or any agency or instrumentality thereof; (3) An enclosed room in an office workplace occupied exclusively by smokers, even though such room may be visited by nonsmokers. (§ 1, Ord. 2389, eff. June 18, 1987)

Wherever this chapter prohibits smoking, conspicuous signs containing the words “NO SMOKING” in all capital letters not less than one inch in height on a contrasting background shall be posted. It shall be the duty of the owner, operator, manager or other persons having control of any room, building or other place where smoking is prohibited to clearly post such signs or cause the same to be clearly posted within ninety (90) days of the effective date of the ordinance codified in this chapter. (§ 1, Ord. 2389, eff. June 18, 1987)

(a) Nothing in this chapter shall require the incurring of any expense to make structural or other physical modifications to buildings. (b) Nothing in this section shall relieve any person from the duty to post signs as required by this chapter. (§ 1, Ord. 2389, eff. June 18, 1987)

(a) Any owner or manager of a business or other establishment subject to the provisions of this chapter may apply to the City Manager or his designee for an exemption or modification to any provision of this chapter based upon unusual circumstances or conditions. After a hearing before the City Manager or his designee, the City Manager may grant the exemption or modification, but only if the City Manager or his designee finds from the evidence presented that, due to such unusual circumstances, the failure to comply with the provisions for which the exemption or modification is requested will not result in a danger to health or in annoyance, inconvenience or discomfort to nonsmoking persons. (b) The applicant for an exemption or modification shall pay such sum as is established by resolution of the City Council to cover actual investigation and administrative costs to be incurred. (§ 1, Ord. 2389, eff. June 18, 1987)

(a) It shall be unlawful to wilfully mutilate or destroy any signs required by this chapter. (b) It shall be unlawful for any person who is required by this chapter to post no smoking signs to wilfully fail to do so. (c) It shall be unlawful for any person to smoke in any area posted as a no smoking area. (d) Violation of any of the provisions of this chapter shall be deemed an infraction which is punishable under the applicable provisions of § 1-2.01 of this Code. (§ 1, Ord. 2389, eff. June 18, 1987)

CHAPTER 13A: SMOKE-FREE PARKS

CHAPTER 13A: SMOKE-FREE PARKS

6-13A.01 Prohibition and policy 6-13A.02 Definitions 6-13A.03 Interpretation 6-13A.04 Notice 6-13A.05 Penalties for failure to comply