Redlands Municipal Code Ch. 8.54 Smoking Prohibitions

The city council of the city finds that:

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

B. Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

C. Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, broncho constriction, broncho spasm; and

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

E. The surgeon general of the United States has advised nonsmokers to avoid exposure to tobacco smoke wherever possible, and, in particular, to protect infants and children from this smoke; and

F. The smoking of tobacco, or any other weed or plant, is a proven danger to health. Accordingly, the city council declares that the purpose of this chapter is to protect the health, safety and general welfare of the residents of, persons employed in, and persons who frequent the city who would benefit by the regulation of smoking in designated enclosed places, including places of employment. (Ord. 2015 § 1, 1988)

The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent from the context that they have a different meaning:

BAR: 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.

CONCOURSE: The open area of a bowling alley where people not participating in the sport gather. This area does not include the area beyond the first step to the lower level of a bowling alley extending forward through the bowling lanes.

EMPLOYEE: Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

EMPLOYER: Any person, partnership, corporation, including municipal corporation or public entities, who employ the services of more than three (3) persons.

ENCLOSED: Closed in by roof and four (4) walls with an appropriate opening for ingress and egress.

PERSON: Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.

PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms and employee cafeterias.

SMOKING: The carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling of smoke of a pipe, cigar or cigarette of any kind.

TOBACCO VENDING MACHINE: Any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, bills, trade checks or slugs. (Ord. 2257 § 1, 1994: Ord. 2015 § 1, 1988)

All enclosed facilities owned by the city shall be subject to the provisions of this chapter. (Ord. 2015 § 1, 1988)

A. Smoking shall be prohibited in all publicly owned outdoor areas comprising the city's sponsored Market Night. In addition, except which a person is passing on the way to another destination, smoking shall be prohibited on public property located within twenty feet (20') of all outdoor areas comprising the city's Market Night. For purposes of this section, the Market Night outdoor areas consist of State Street and the public right of way for State Street between Orange Street and Ninth Street, and that portion of Orange Street and the public right of way for Orange Street between Citrus Avenue and Redlands Boulevard.

B. Signs shall be posted during the operation of Market Night informing the public of the prohibition of smoking in accordance with the posting requirements of section 8.54.090 of this chapter. (Ord. 2515 § 1, 2002)

Except as provided in section 8.54.080 of this chapter, smoking shall be prohibited in the following places within the city:

A. All enclosed areas available to and customarily used by the general public, and all public areas within businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies, childcare facilities, banks and offices;

B. Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transit under the authority of the city, while within the boundaries of the city, and in ticket, boarding and waiting areas of public transit depots; provided, however, that this prohibition does not prevent:

1. The establishment of separate waiting areas for smokers and nonsmokers, and

2. The establishment of at least fifty percent (50%) of given waiting area as a nonsmoking area;

C. Public areas of museums, galleries and libraries;

D. Enclosed theaters, auditoriums and halls which are used for motion pictures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production;

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

F. Hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted, when the public business requires or provides direct participation or observation by the general public;

G. Public schools and other public facilities under the control of another public agency, which are available to the general public and are customarily used by the general public, to the extent that the same area is subject to the jurisdiction of the city;

H. Polling places;

I. Bowling establishments within the city, except the concourse, coffee shop, game room, poolroom and cocktail lounge areas.

Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment or any specifically defined portion thereof, as a nonsmoking establishment. (Ord. 2015 § 1, 1988)

A. Smoking shall be prohibited in waiting rooms, hallways and other public areas of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices.

B. In bed space areas of health facilities used for two (2) or more patients, smoking shall be prohibited, except the facility may, at its option, permit smoking in a room; provided, that all patients within the room have made a written request upon the health facility's admission form to be placed in a room where smoking is permitted.

C. Health facilities shall also be subject to the provisions of section 8.54.070 of this chapter regulating smoking in places of employment. (Ord. 2015 § 1, 1988)

Smoking is prohibited and is unlawful within all indoor eating establishments serving food whose occupancy capacity is forty (40) or more persons; provided, however, that this prohibition shall not apply to any such establishment maintaining a contiguous no smoking area or separate no smoking rooms containing at least fifty percent (50%) of the seating capacity of the establishment. This prohibition shall not apply to any rooms which are being used for eating establishment purposes for private functions. Any portion of an indoor eating establishment used as a bar is excluded from the restrictions of this section. (Ord. 2015 § 1, 1988)

A. It shall be the responsibility of employers to provide smoke free areas for nonsmokers within facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

B. Within ninety (90) days of the effective date of this chapter, each employer and each place of employment located within the city shall adopt, implement, make known, maintain and provide access to a written smoking policy which shall contain at a minimum the following regulations:

1. Prohibition of smoking in restrooms, hallways, elevators, employee work areas, and in any space in use for employee conferences, meetings or classes, except for a private enclosed office or a room occupied exclusively by smokers;

2. Any employee in a place of employment shall have the right to designate his or her immediate work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer. The policy adopted by the employer shall include a reasonable definition of the term "immediate work area";

3. In any dispute regarding the implementation of the employers smoking policy, the health concerns of the nonsmoker shall be given preference;

4. Provision and maintenance of a separate and contiguous nonsmoking area of not less than forty percent (40%) of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges;

5. Food service employees whose work area is a public dining area cannot designate the work place as a nonsmoking area.

C. The smoking policy shall be communicated to new employees upon hiring. The employer must communicate the smoking policy to all employees within sixty (60) days of its adoption.

D. Notwithstanding the provisions of subsection A of this section, every employer shall have the right to designate any place of employment, or portion thereof, as a nonsmoking area.

E. Employees whose work area is divided into a public area and a place of employment which is off limits to the public, shall be allowed to smoke in the place of employment at a reasonable distance from the public area, unless otherwise designated by the employer. (Ord. 2015 § 1, 1988)

Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

A. Private residences, even when serving as a place of employment, excepting a private residence when serving as a childcare facility;

B. Bars;

C. Hotel and motel rooms rented to guests;

D. Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;

E. Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions;

F. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers, and a private enclosed office, excepting places in which smoking is prohibited by the fire department or by any other law, ordinance or regulation. (Ord. 2015 § 1, 1988)

"Smoking" or "no smoking" signs, whichever are appropriate, preferably with letters of not less than one inch (1") in height 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), preferably citing this chapter, shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place.

Every restaurant and bowling establishment regulated by this chapter shall have posted at their entrance a sign clearly stating that a nonsmoking section is available. Restaurants which hire employees to seat patrons shall be required to ask each patron his or her seating preference. (Ord. 2015 § 1, 1988)

A. Administration of the ordinance codified in this chapter shall be by the city manager or his designees.

B. Any citizen who desires to register a complaint under this chapter may initiate enforcement consideration with the city manager or his designees.

C. A violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city or by any affected employee or resident of the city through civil process by means of a restraining order, preliminary or permanent injunction or any other manner provided by law for the abatement of such nuisance.

D. Any owner, manager, operator or employer of any establishment controlled by this chapter may inform persons violating this chapter of the appropriate provisions thereof.

E. Notwithstanding any other provision of this section, any person, business, tobacco retailer or other entity who violates any provision of section 8.54.140 of this chapter shall be deemed guilty of a misdemeanor unless, pursuant to the exercise of prosecutorial discretion by the city attorney, such violation is reduced to an infraction. (Ord. 2257 § 2, 1994: Ord. 2015 § 1, 1988)

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to properly post signs required under this chapter, provide signs for the use of employees in designating their nonsmoking areas, properly set aside "no smoking" areas, adopt a smoking restriction policy, or comply with any other requirements of this chapter.

B. It shall be unlawful for any person to smoke in any area in which smoking is prohibited by the provisions of this chapter. (Ord. 2257 § 4, 1994: Ord. 2015 § 1, 1988)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by law. (Ord. 2015 § 1, 1988)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision, or clause, or application, and to this end the provisions and clauses of this chapter are declared to be severable. (Ord. 2015 § 1, 1988)

No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or any other device designed or used for vending purposes. No person shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of the ordinance codified herein shall be removed within thirty (30) days thereafter. (Ord. 2257 § 3, 1994)

Written notice of the provisions of this chapter shall be given to all applicants for a city business license. (Ord. 2257 § 3, 1994)

A. Any person, business, tobacco retailer or other establishment subject to the provisions of this chapter shall post plainly visible signs at the point of purchase of tobacco products which state: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED". The letters of such signs shall be at least one-fourth inch (1/4") high.

B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to the provisions of this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen (18) years or greater unless the seller has some reasonable basis for determining the purchaser's age. (Ord. 2311 § 1, 1996)

A. Except for a retail tobacco store, as that term is defined in this section, it is unlawful for any person or business to sell, permit to be sold or offer for sale any tobacco product by means of self-service displays or by any other means other than vendor assisted sales.

B. The term "retail tobacco store" shall mean a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. For purposes of this subsection, the term "incidental" shall mean that at least eighty percent (80%) of the square footage of the available retail floor and shelf space is devoted to the sale of tobacco related products and accessories. (Ord. 2311 § 2, 1996)