Woodside Municipal Code § 97.08 Violations

The Town Council finds that:

(A) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution:

(1) In the United States Surgeon General's report on the health consequences of second-hand tobacco smoke the medical community has generally concluded that non-smokers subjected to tobacco smoke are at risk for the development of lung cancer. In addition, there are serious health consequences including respiratory malfunctions and irritation that may result from inhaling tobacco smoke.

(2) The California Legislature, by the California Indoor Clean Air Act of 1976, and Cal. Health & Safety Code § 25940 et seq., has found and declared that tobacco is a hazard to the health of the general public;

(B) Reliable studies have shown that breathing smoke exhaled or otherwise produced or caused by others ("second-hand smoke") is a significant health hazard, particularly for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory functions including asthmatics and those with obstructive airway disease;

(C) Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased respiratory functions, bronchoconstriction, and bronchospasm;

(D) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to the same;

(E) Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment; and

(F) Smoking is a documented cause of fires;

(G) Non-smokers should have a right to be free from exposure to second-hand tobacco smoke from those who use tobacco;

(H) The Town Council concurs in the findings of the California Legislature and the United States Attorney General and in addition finds that the California Indoor Clean Air Act of 1976, as amended, should be expanded by local regulation not inconsistent with the provisions thereof, and as authorized by Cal. Health & Safety Code §§ 25946 and 25949.6;

(I) The Town Council further finds that the regulations enacted in this chapter are not within the provisions of the California Environmental Quality Act in that the effect of the ordinance codified in this chapter is to have a beneficial effect on the public health, safety and welfare rather than an adverse effect and therefor this chapter is not a project under the California Environmental Quality Act;

(J) Accordingly, the Town Council finds and declares that the purposes of this chapter are to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.

(1975 Code, § 5-13.01) (Ord. 1990-439, effective 11-9-90)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Bar. An area which is devoted to the serving of alcoholic beverages and in which the service of food is adjacent to or incidental to the consumption of such beverages.

Business. Any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold or rendered as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

Dining area. Any enclosed area containing a counter or tables upon which meals are served.

Employee. Any person who is employed by an employer in consideration, for direct or indirect monetary wages or profit, and any person who volunteers his/her services for a nonprofit entity.

Employer. Any person, partnership, corporation, or nonprofit entity, including a municipal corporation, who or which employs the services of one or more persons.

Enclosed. Closed in by roof and four walls or windows with appropriate openings for ingress and egress.

Nonprofit entity. Any corporation, unincorporated association, or other entity created for charitable, educational, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section.

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, restrooms, conference rooms, classrooms, cafeterias and hallways, provided, however, that:

(1) A private residence is not a place of employment unless it is used as a child care facility, family day care home, foster care home, group home, or a health care facility; and

(2) The dining area of a restaurant is not a "place of employment."

Public place. Any enclosed area, not a residence, to which the public is invited, or in which the public is permitted, including, but not limited to: banks, offices, educational facilities, health facilities, public transportation facilities, retail food production and marketing establishments, retail service establishments and retail stores.

Restaurant. Any eating establishment, organization or club, which gives or offers food for sale to the public, guests, patrons, or employees.

Smoking. Inhaling, exhaling, burning, or carrying any lighted pipe, cigar, or cigarette of any kind, or any other combustible substance.

(1975 Code, § 5-13.02) (Ord. 1990-439, effective 11-9-90)

(A) Smoking shall be prohibited in all enclosed public places within the Town, including, but not limited to, the following places:

(1) Restrooms;

(2) Retail stores and service facilities, except areas in said stores not open to the public;

(3) Retail food marketing establishments, including grocery stores and supermarkets, except areas thereof not open to the public, which may be otherwise regulated by this chapter;

(4) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices and banks;

(5) Restaurants, provided, however, that this prohibition does not prevent the designation of a contiguous area within a restaurant that contains a maximum of 50 percent of the seating capacity of the restaurant as a smoking area, or providing separate rooms designated as smoking rooms, so long as said rooms do not contain more than 50 percent of the seating capacity of the restaurant;

(6) Public areas of libraries;

(7) Every room, chamber, and place of meeting or public assembly and polling places, including school buildings under the control of any board, council, commission, committee or agencies of the Town or any political subdivisions 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 Town.

(B) 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 the entire establishment is a nonsmoking establishment.

(1975 Code, § 5-13.03) (Ord. 1990-439, effective 11-9-90)

Cross reference— Penalty, see § 97.99.

(A) It shall be the responsibility of employers to provide smokefree areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expenses to make structural or other physical modifications in providing these areas, nor shall a smoke-free area be required to be maintained in areas designated as smoking areas in this section.

(B) Within 90 days of the effective date of the ordinance codified in this section, each employer and each place of employment located within the Town shall adopt, implement, make known, and maintain a written smoking policy which shall contain, at a minimum, the following requirements:

(1) Any employee in a place of employment, other than in a properly designated smoking area, shall be given the right to designate his/her work area as a nonsmoking area, and to post the same with an appropriate sign or signs to be provided by the employer. Smoking shall not be permitted in any such properly posted nonsmoking area, nor shall smoke from other work areas be allowed to pollute such nonsmoking areas;

(2) Shared work areas must be designated nonsmoking areas unless every member in the work area voluntarily and wilfully agrees otherwise, or unless the work area is a properly designated smoking area;

(3) Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, hallways, restrooms, and any other areas where smoking is prohibited by this section;

(4) Provision and maintenance of separate but substantially equal nonsmoking areas if smoking is allowed in employee lounges or other similar areas provided for the use and enjoyment of employees during breaks and not open to the general public. Smoking shall be prohibited in cafeterias or other areas designated for employee eating;

(5) In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence, except as to the right of the employer to maintain adequate smoking areas as set forth in this chapter;

(6) A copy shall be posted in a conspicuous, accessible place upon the premises readily readable by employees;

(7) Notwithstanding any other provision of this section, every employer shall have the right to designate any place of employment or any portion thereof as a nonsmoking area;

(8) A private enclosed office work place occupied exclusively by smokers may be declared a smoking area unless otherwise prohibited by this section, even though such an office or work place may be visited by nonsmoking employees.

(1975 Code, § 5-13.04) (Ord. 1990-439, effective 11-9-90)

Cross reference— Penalty, see § 97.99.

(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:

(1) Private residences, except when used as a child care facility, family care home, foster care home, group home, or a health care facility;

(2) Retail tobacco stores;

(3) A private enclosed space occupied exclusively by persons who choose to smoke, even though such a place may be visited by persons who do not smoke or who choose not to smoke, excepting places where smoking is prohibited by other law, ordinance or regulation, or government authority acting pursuant thereto.

(B) 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 the entire establishment, or any portion thereof, is a nonsmoking establishment.

(1975 Code, § 5-13.05) (Ord. 1990-439, effective 11-9-90)

Cross reference— Penalty, see § 97.99.

(A) "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 cigarette enclosed in a red circle with a red bar across it) 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 place.

(B) Every restaurant owner, manager or operator shall post at every entrance thereto, a sign clearly stating that a nonsmoking section is available and the size of that section. The host or hostess of every restaurant (if such person is employed) and the person taking reservations for such restaurant shall request each patron's preference for smoking or nonsmoking seating.

(1975 Code, § 5-13.06) (Ord. 1990-439, effective 11-9-90)

Cross reference— Penalty, see § 97.99.

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 afforded by this section. Said person or employer shall be liable to the employee or applicant in the sum of $500.00 as damages and attorneys' fees in the event retaliation or unlawful discharge or failure to hire occurs as a result of exercising such rights.

(1975 Code, § 5-13.08) (Ord. 1990-439, effective 11-9-90)

Cross reference— Penalty, see § 97.99.

(A) It shall be unlawful for any person to smoke in any area in which smoking is prohibited by the provisions of this chapter.

(B) It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to the restrictions and regulations of this chapter to wilfully fail to comply with its provisions.

(1975 Code, § 5-13.07(a), (b)) (Ord. 1990-439, effective 11-9-90)

Cross reference— Penalty, see § 97.99.

(A) Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine of not less than $100.00 nor more than $200.00 for a second violation within one year; and

(3) A fine of not less than $250.00 nor more than $500.00 for each additional violation within one year;

(B) Notwithstanding the criminal penalties in this chapter, nothing in this section shall limit the right of the Town to bring a civil action to obtain compliance with this chapter.

(1975 Code, § 5-13.07(c)) (Ord. 1990-439, effective 11-9-90)