Scotts Valley Municipal Code Ch. 8.20 Smoking and Tobacco Regulations

A. The City Council of the City of Scotts Valley does hereby find that:

1. In January, 1993, the United States Environmental Protection [Agency] ("EPA") released its Report, "Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders." Simultaneously, the EPA designated passive smoking a "Class A" or known human carcinogen. The EPA has determined that Environmental Tobacco Smoke ("ETS") is a human lung carcinogen.

2. The Surgeon General labels smoking "the largest single preventable cause of death and disability for the U.S. population." The Surgeon General has determined that tobacco smoke is a carcinogen and an important risk factor for heart disease.

3. The National Institute for Occupational Safety and Health ("NIOSH") has determined that ETS is potentially carcinogenic to occupationally exposed workers.

4. While all members of the population are at increased risk due to exposure to ETS, it constitutes a special health hazard for children, the elderly, and people with chronic lung disorders and disease.

5. The health care costs produced by smoking-related ailments and diseases constitute a heavy and avoidable financial drain on our community.

6. ETS is an offensive annoyance and irritant to non-smokers, and can result in serious and significant physical discomfort, thus constituting a public nuisance in public places and places of employment.

7. There are numerous and credible health studies suggesting that electronic cigarettes pose significant public health and safety risks and there are minimal federal and state regulations or controls over the use of electronic cigarettes.

B. Accordingly, the city council finds and declares that the purposes of this chapter are:

1. To protect public health, safety and general welfare by restricting tobacco and electronic cigarette smoking in public places and in places of employment; and

2. To recognize that the need to breathe tobacco smoke-free air has priority over the desire to smoke.

(Ord. 129.1 § 2 (part), 1994; Ord. No. 129.2, § 1, 4-16-2014)

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

Bar, Stand Alone. "Stand alone bar" means an area in which (1) the serving of alcoholic beverages for consumption by patrons on the premises is its primary purpose; and (2) persons under the age of twenty-one are not permitted on the premises. A "stand alone bar" for the purpose of this chapter does not include any bar which is structurally part of a building also hosting other business operations, unless it is physically separate from other uses in the same building and has a separate ventilating system ventilating directly to the outside of the building.

"Electronic cigarettes" mean any electronically or battery-operated device, often shaped like a cigarette, containing a nicotine or other substance based liquid, sometimes flavored, that is vaporized and inhaled and which is used to simulate the experience of smoking tobacco or other combustible substances.

"Employee" means any natural person who is employed by any employer in consideration for direct or indirect monetary wages or profits, including but not limited to temporary, permanent, part-time and full-time employees and independent contractors.

"Employer" means any person, as defined in this section, who employs the services of one or more persons.

"Enclosed" means closed in by a permanent roof and the exterior walls with appropriate openings for ingress, egress and ventilation.

"Hotel" means a hotel, motel, motor inn, bed and breakfast, boarding house and other similar establishments in which the operator has the status of an "innkeeper."

"Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, municipal corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

"Place of employment" means any area under the control of a public or private employer which employs normally frequent during the course of employment, including, but not limited to, offices, work areas, hallways, lobbies, employee lounges, conference rooms, employee cafeterias, locker rooms, dressing areas or eating places. A private residence is not a place of employment for purposes of this chapter, unless it is used as a child care facility, health care facility or community care facility.

"Smoking" means inhaling, exhaling, burning or carrying any lighted or operating cigar, cigarette, electronic cigarette, weed, plant or other combustible or vaporized substance in any manner or in any form.

"Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, pool halls and other similar places where members of the public assemble indoors to engage in physical exercise, participate in athletic competition or witness sports events.

(Ord. 129.1 § 2 (part), 1994; Ord. No. 129.2, § 2, 4-16-2014)

All facilities owned or controlled by the city, including but not limited to jails, cafeterias, libraries, offices and any council, board, commission and/or agency meeting area shall be subject to the provisions of this chapter.

(Ord. 129.1 § 2 (part), 1994)

A. Except as otherwise provided in Section 8.20.060, smoking shall be prohibited in all enclosed public places within the city, including but not limited to the following places. The use of the phrase "public place" in this chapter is intended to be expansive. The following examples are illustrative of places deemed public for purposes of this chapter. The prohibition of this chapter is not limited to the list of examples.

1. Elevators;

2. Restrooms;

3. Service lines;

4. Laundromats;

5. Retail stores and all areas in shopping malls inside and outside of retail stores, restaurants, bars, restrooms and offices;

6. Areas available to or open to and customarily used by the general public in all business and nonprofit entities, including but not limited to offices (such as the offices of attorneys, doctors, accountants, other professionals and service providers and banks;

7. Restaurants;

8. Hotels;

9. Aquariums, amusement parks, galleries, libraries, arcades or museums;

10. Facilities which are primarily used as theaters, auditoriums or halls; or which are used for exhibiting motion pictures, stage dramas, musical performances, ballets, lectures, debates or other similar performances;

11. Waiting rooms, hallways, wards, and rooms and offices of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices;

12. Sports arenas, convention halls, banquet rooms and meeting rooms;

13. Retail food marketing establishments, including grocery stores, convenience stores, warehouse stores and supermarkets;

14. Rooms, chambers, places of meeting or public assembly, including but not limited to, school buildings under the control of any board, council, commission, committee including joint committee, or agencies of the city, or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;

15. Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes and other multiple-unit residential facilities;

16. Lobbies, hallways, and other common areas in multiple-unit commercial facilities;

17. Polling places;

18. Private clubs.

B. Except as otherwise provided in Section 8.20.060, smoking shall be prohibited in all enclosed places of employment within the city.

C. Smoking shall be prohibited in the following non-enclosed public places within the city:

1. Service lines for retail, service or entertainment venues;

2. City parks, except where posted "smoking permitted";

3. Community pools or play areas (such as in multifamily developments), except where posted "smoking permitted";

4. Within twenty-five feet of the main entrance used by employees or customers of any business, except for those places specifically exempted by Section 8.20.060;

5. Ticket, boarding and waiting areas for public transit, except for areas posted "smoking permitted";

6. Designated outdoor dining areas of restaurants or eating establishments."

(Ord. 129.1 § 2 (part), 1994; Ord. No. 188.1, § 9, 6-15-2022)

A. Within ninety days of the effective date of this chapter, each employer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, locker rooms, dressing areas, and all other enclosed facilities.

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

C. All employers shall comply with the provisions of this section and shall be responsible for implementation of its provisions in their place(s) of employment.

D. "No smoking" signs may be conspicuously posted at building entrances and in employee lounges, restrooms, locker rooms, dressing areas, cafeterias and lunchrooms. The minimum size of signs posted under this section shall be six inches by four inches.

E. All employers shall make available a written copy of the smoking policy to any employee who so requests.

F. Places of employment exempt from the prohibition on smoking in Section 8.20.060 of this chapter shall also be exempt from this section.

(Ord. 129.1 § 2 (part), 1994)

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter, unless smoking or the use of combustible materials is otherwise regulated by the city code or any other provision of law or regulation.

1. Private residences, except when used as a child care facility, health care facility or community care facility;

2. Smoking optional hotel rooms rented to guests, which shall not include meeting and banquet facilities. Hotels shall reserve and maintain no less than seventy-five percent of the guest rooms as smoke-free rooms;

3. An enclosed place of employment which employs only the owner and no other employee, provided that the enclosed place of employment does not share a ventilation system with any other enclosed place of employment or public place;

4. Any portion of a place of employment which is not enclosed, except within twenty-five feet of the main building entry/exit used by employees or customers, or in the direct and unavoidable path between a parking area and the main building entry/exit;

5. Private vehicles;

6. Stand alone bars;

7. Enclosed areas, while bingo games are being conducted pursuant to Penal Code Section 326.5 and with a valid conditional use permit, provided that: (a) no person under the age of twenty-one years is present on the premises, (b) physically separate smoke-free room(s) are provided to patrons, and (c) a separate ventilation system is provided for room(s) where smoking is allowed. The operator of a bingo game shall comply with the requirements of this chapter within six months of the effective date of this chapter.

B. Notwithstanding any other provision of this chapter, any owner, operator, manager or other person who controls any property may prohibit smoking within the entire property or a portion of the property.

(Ord. 129.1 § 2 (part), 1994)

"No smoking" signs 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) shall be clearly, sufficiently and conspicuously posted in every building, as well as on entrances at eye level, or other places where smoking is prohibited by this chapter, by the owner, operator, manager or other person having control of such building or other place, in order to satisfy the nonresponsibility clauses of Section 8.20.080 E through G. The minimum size of signs posted under this section shall be six inches by four inches.

(Ord. 129.1 § 2 (part), 1994)

A. Notice of these regulations shall be given to all applicants for a business license.

B. Enforcement of this chapter shall be implemented by the city manager or his/her designee.

C. Any person who desires to register a complaint under this chapter may initiate enforcement with the city manager or his/her designee.

D. The city manager or his/her designee shall require, while a premises or establishment is undergoing otherwise mandated inspections, certification from the owner, manager, operator or other person having control of such establishment, that all requirements of this chapter have been complied with, including but not limited to the requirements of Sections 8.20.050 and 8.20.070.

E. Owners, operators, property managers and officers of homeowners' associations for residential properties shall not be responsible for violations of the requirements of this chapter by tenants or residents if they have posted signs in accordance with the provisions of this section and have given written notice to violator(s) of this chapter that the violator(s)' actions are in violation of the law prohibiting smoking.

F. Owners, operators and property managers of commercial rental properties shall not be responsible for violations of the requirements of this chapter by tenants or the guests of tenants, if they have posted signs in accordance with the provisions of this section and have given written notice to violator(s) of this chapter that the violator(s)' actions are in violation of the law prohibiting smoking.

G. Owners, operators or managers ("owners") of commercial establishments shall not be responsible for the violations of this chapter within an area under their control, by patrons or other members of the public ("patron"), provided that: (1) the owners have posted the area with signs in accordance with this chapter; (2) have verbally asked the patron not to smoke; and (3) have warned the patron that his/her actions may be a violation of the law prohibiting smoking. This limitation shall not limit the liability of an employer for the actions of employees in places of employment.

H. Notwithstanding any other provision of this chapter, a private citizen may bring legal and/or equitable action to enforce this chapter.

(Ord. 129.1 § 2 (part), 1994)

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises or establishment or property subject to regulation under this chapter to fail to comply with any of its provisions.

B. It is unlawful for any person to smoke in any area where smoking is prohibited under this chapter.

C. Infractions. Any person, owner, operator, employer, employee or manager of any premise(s) or establishment, subject to this chapter, who violates any provision of this chapter, shall be deemed guilty of an infraction, punishable by:

1. A fine not exceeding one hundred dollars for a first violation of this chapter;

2. A fine not exceeding two hundred dollars for a second violation of this chapter within one year;

3. A fine not exceeding five hundred dollars for a third violation of this chapter within one year.

D. Misdemeanor(s). Any person, owner, operator, employer or manager of any establishment, subject to this chapter, who violates any provision of this chapter, in excess of three violations within one year, shall be deemed guilty of a misdemeanor. Upon conviction of a misdemeanor violation of this chapter, a person shall be subject to payment of a fine not to exceed one thousand dollars and shall be subject to incarceration in the county jail for a period not to exceed six months. (Government Code Section 36901.)

E. Each day that a violation continues shall constitute a separate violation of this chapter.

(Ord. 129.1 § 2 (part), 1994)

No person or employer shall discharge, refuse to hire on, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a tobacco smoke-free work environment afforded by this chapter.

(Ord. 129.1 § 2 (part), 1994)

The city manager, or his/her designee, shall make information available to explain and clarify the purposes and requirements of this chapter to persons affected by it, and to guide owners, operators, managers and employers in their compliance with it. Such a program may include publication of a brochure for affected persons explaining the provisions of this chapter or use of other organizations or agents who disseminate information regarding smoking.

(Ord. 129.1 § 2 (part), 1994)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 129.1 § 2 (part), 1994)