Rancho Santa Margarita Municipal Code Ch. 5.05 Public Smoking

Footnotes:

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State Law reference— California Indoor Clean Air Act of 1976, Health and Safety Code § 118875 et seq.; local anti-smoking ordinances, Health and Safety Code § 118910.

The City Council finds and declares that tobacco smoking is a hazard to the health of the general public. Studies clearly demonstrate that smoking is a hazard to the health of those who smoke. Smoking is responsible for the premature death of approximately 3,000 Orange County residents each year from lung cancer, heart disease, respiratory illness, and other diseases. The Environmental Protection Agency (EPA) has concluded that secondhand tobacco smoke is a human carcinogen and responsible for over 3,000 lung cancer deaths in nonsmoking adults each year. Therefore, secondhand smoke is a proven health hazard to those who are present in confined spaces. In order to serve the public health, safety and welfare, the declared purpose of this division is to prohibit the smoking of tobacco, or any weed or plant, in buildings or motor vehicles owned or leased by the City and in City spaces in buildings partially leased by the City, and in certain other places subject to the jurisdiction or control of the City, except as otherwise provided in this division. In addition, the City Council declares that vending machines that sell or distribute tobacco products contribute to the onset of tobacco use. Studies have found that 90 percent of all current smokers become addicted by the age of 19. Therefore, the U.S. Secretary of Health, the U.S. Surgeon General, and leading voluntary health organizations all recommend the elimination of such vending machines in public places for health reasons.

(OCC § 4-7-1; Ord. No. 3900, § 1, 12-14-1993; Ord. No. 98-15, § 47, 12-8-1998)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City shall include all entities of which the City is the governing body.

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 of particular delegated functions.

Smoke or smoking shall include the carrying, holding, possession, or smoking of a lighted pipe, cigar or cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind.

(OCC § 4-7-10; Ord. No. 3900, § 1, 12-14-1993; Ord. No. 98-15, § 48, 12-8-1998)

Smoking shall be prohibited in buildings or motor vehicles owned or leased by the City and in City spaces in buildings partially leased by the City.

(OCC § 4-7-11; Ord. No. 3900, § 1, 12-14-1993)

Provisions of Section 5.05.030 shall be communicated to all City employees at the time of their entry into employment.

(OCC § 4-7-11.1; Ord. No. 3900, § 1, 12-14-1993)

No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designated or used for vending purposes in any public place within the City or at any other public place subject to the jurisdiction or control of the City.

(OCC § 4-7-14; Ord. No. 3900, § 1, 12-14-1993)

Signs which designate no-smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in rooms, buildings, or other places so covered by this chapter, as reasonably deemed necessary, by the department head, operator, manager, private employer, or other person having control of such room, building, or other place. Where possible, ashtrays, receptacles, or other devices used for extinguishing or discarding smoking materials shall be removed from all "no-smoking" areas.

(OCC § 4-7-21; Ord. No. 3900, § 1, 12-14-1993)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety, or fire code ordinances.

(OCC § 4-7-36; Ord. No. 3900, § 1, 12-14-1993; Ord. No. 98-15, § 49, 12-8-1998)