Tracy Municipal Code Art. 2 Smoking Pollution Control

Smoking shall be prohibited in the following public places and other public places similarly situated, including but not limited to, the following areas:

(a) All enclosed areas available to and customarily used by the general public and all businesses patronized by the public, including, but not limited to, the public area of retail stores, hotels and motels, banks, and other offices;

(b) Elevators, escalators, and stairways;

(c) Public restrooms;

(d) Service lines;

(e) Buses and other means of public transit directly provided by or provided under contract to the City;

(f) All reception and waiting areas;

(g) Galleries, libraries and museums;

(h) Enclosed theaters and auditoriums which are used for motion pictures, stage dramas, lectures, musical performances, indoor sporting events, ballets, or other exhibitions;

(i) Every room, chamber, and place of meeting or public assembly, including school buildings, under the control of any board or commission of the City, during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City;

(j) Hallways, wards, and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices. Smoking shall be permitted in semiprivate rooms of health facilities if all the patients within the room are smokers, and all the patients in the room request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted;

(k) Polling places;

(l) Sports arenas and convention halls;

(m) Video arcades, bingo parlors, game rooms, pool halls, dance halls, and other amusement centers;

(n) Child day care facilities as defined in the California Health and Safety Code and private residences while used as a family day care home;

(o) Retail food marketing establishments, including grocery stores and supermarkets;

(p) Restaurants;

(q) Laundromats;

(r) Beauty and barber shops;

(s) Common areas in apartment buildings, condominiums, retirement facilities, and nursing homes;

(t) Malls;

(u) Entrances and exits to enclosed public areas, workplaces, restaurants and bars or within outdoor entryways of any enclosed public area, workplace, restaurant and bar.

(Prior code § 5-9.201)

(a) It shall be the responsibility of employers to provide smoke-free areas for all employees.

(b) Within ninety (90) 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, vehicles, and all other enclosed facilities.

(c) The smoking policy shall be communicated to all employees within three (3) weeks after its adoption and at least annually thereafter. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

(d) No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights to a smokefree workplace afforded by this chapter.

(Prior code § 5-9.202)

Notwithstanding any other provision of this chapter, any owner, operator, manager, or employer or other person who controls any establishment or place of employment regulated by this chapter may adopt policies relating to smoking which are more restrictive than those provided in this chapter.

(Prior code § 5-9.203)

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 restrictive smoking policies are adopted by the owner or tenant:

(a) Bars;

(b) Card rooms;

(c) Private residences, except when used as a licensed child care or health care facility;

(d) Hotel and motel rooms rented to guests;

(e) Retail tobacco stores; and

(f) Restaurant, hotel, and motel conference or meeting rooms and private assembly rooms while such places are being used for private functions.

(Prior code § 5-9.204)

(a) Indoor sign requirements. "Smoking" or "No-Smoking" signs, whichever are appropriate, with letters of not less than one 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) shall be clearly posted at or near all entrances and sufficiently and conspicuously posted at other appropriate locations in every building or other place where smoking is regulated by this chapter by the owner, operator, manager or other person having control of such building or other place. Signs which have been removed shall be placed within five (5) working days.

(b) Outdoor sign requirements. "Smoking" or "No-Smoking" signs, whichever are appropriate, 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) shall be clearly, sufficiently and conspicuously posted at or near the entry in every building or other place where smoking is regulated by this chapter by the owner, operator, manager or other person having control of such building or other place and in every outdoor area.

(Prior code § 5-9.205)

Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that non-smoking rooms are maintained and may be available; rooms designed to being non-smoking shall have signs designating such restriction conspicuously placed within the room.

(Prior code § 5-9.206)