Stockton Municipal Code Ch. 8.48 Smoking Pollution Control

This chapter shall be known as the "Smoke-free Entryway Ordinance."

(Prior code § 7-150)

The City Council of the City of Stockton hereby finds that:

A. Studies have shown that breathing second-hand smoke is a significant health hazard; and

B. Exposure to secondhand smoke is the third leading cause of preventable death in this country; and

C. State law acknowledges the harms of second-hand smoke by prohibiting smoking inside an enclosed place of employment, with certain exceptions; and

D. State law further prohibits smoking within 20 feet of the main entrances, exits, or operable windows of public buildings while expressly authorizing local communities to enact additional restrictions.

(Prior code § 7-151)

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

"Bar"

means an enclosed area, which is devoted to the serving of alcoholic beverages and in which the serving of food, if any, is merely incidental to the consumption of such beverages.

"Building open to the public"

means publicly and privately owned buildings, structures, facilities, or complexes that are open to, used by, or accessible to the general public, including, but not limited to; banks, savings and loan offices, and other financial establishments; grocery, pharmacy, specialty, department, and other stores, which sell goods or merchandise; automotive service stations; hotels and motels; restaurants and bars; general business offices; non-profit entity offices; hospitals and other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy facilities); barbershops, hair and nail salons, dry cleaners, laundromats, and other establishments offering services to the general public; theaters; museums; and libraries.

"Main entrance or exit"

means that area or areas which are designated to be used by the general public as the point of ingress or egress. It shall not include those areas not intended to be accessible by the general public.

"Outdoor seating area"

means any area associated with a restaurant or bar available to or customarily used by its patrons that is designed, established, or regularly used for consuming food or drink.

"Person"

means any individual person, firm, partnership, association, corporation, company, organization, or legal entity of any kind.

"Restaurant"

means any coffee shop, cafeteria, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boarding house, or guest house, which gives or offers food for sale to the public, guests, patrons, or employees, except that the term "restaurant" shall not include cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in this section.

"Smoking"

means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible organic or chemical substance, the smoke from which is specifically designed or intended to be inhaled or drawn into the nose or mouth.

(Prior code § 7-152)

A. Smoking shall be prohibited within 20 feet of all main entrances, exits, or operable windows to any building that is open to the public where smoking is prohibited, except while passing on the way to another destination. Ashtrays are not required. However, if present, ashtrays or any receptacle used to dispose of burning tobacco products shall be located 20 feet or the furthest reasonable distance from the main entrance, exit, or operable windows so as to minimize the chance of smoke entering through the main entrance, exit, or operable windows of a building open to the public.

B. Exception for Restaurants and Bars. Restaurants may allow smoking in an outdoor seating area, provided that the smoking area is located the furthest reasonable distance from the main entrance, exit, or operable windows so as to minimize the chance of smoke entering the restaurant. One hundred percent of the outdoor seating areas of bars may allow smoking, provided that reasonable efforts are made to minimize the chance of smoke entering the bar.

(Prior code § 7-153)

"No Smoking Within Twenty Feet" signs with letters of not less than one-half inch 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) combined with the words "Within Twenty Feet" shall be clearly, sufficiently, and conspicuously posted at all main entrances and exits of buildings open to the public where smoking is prohibited.

(Prior code § 7-154)

A. It is unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to regulation under this chapter to permit smoking that is in violation of this chapter. A violation of this chapter shall constitute a misdemeanor. Notwithstanding the foregoing, a violation of this chapter is an infraction when the prosecutor files a complaint charging the offense as an infraction.

B. No person who owns, manages, operates, or otherwise controls the use of any premises will be deemed to be in violation of the requirements of this section with respect to persons smoking in such areas over whom they have no right of direction and control if they have taken the following reasonable steps to prevent smoking by such persons:

1. Posted clear and prominent "No Smoking Within Twenty Feet" signs at all main entrances and exits.

2. Requested, when appropriate, that such person refrain from smoking within 20 feet of the main entrance or exit, and requested that such person leave the premises if they fail to comply with the requirements of this chapter. There is no requirement for subsection (B)(2) or this section if the person requesting fears for his or her safety in making the request.

(Prior code § 7-155)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of this chapter to regulate smoking where such regulation has been preempted by the State.

(Prior code § 7-156)