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HomeMy WebLinkAbout80-85 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Amending the Municipal Code ) to Regulate Smoking in Desig- ) ORDINANCE NO. 80-85 hated Enclosed Public Places ) and Workplaces ) ) The City Council of the City of Danville does ordain as follows: SECTION 1. A new Chapter 7 is added to Title 7 (Health, Safety and Welfare) of the Municipal Code to read as follows: "Chapter 7 SIlOKING Section 7-701. Purpose and Findings. Section 7-702. Definitions. Section 7-703. Regulation of Smoking in City. Section 7-704. Prohibition of Smoking in Enclosed Places. Section 7-705. Regulation of Smoking in Places of Employment. Section 7-706. Optional Smoking Areas. Section 7-707. Posting Requirements. Section 7-708. Enforcement. Section 7-709. Penalties. Section 7-710. Nonretaliation. Section 7-711. Other Applicable Laws. Section 7-701. Puroose and Findings. (a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and (b) Reliable studies have shown that breathing side- stream or secondhand smoke ~s 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 in- fection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and broncospasm; and PAGE 1 ORDINANCE NO. (d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing side- stream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to smoke; and (e) The smoking of tobacco, or any other weed or plant, is a danger to health. Accordingly, it is determined that the health, safety and general welfare of the residents of, persons employed in, and persons who frequent this city would be benefited by the regulation of smoking in enclosed places, including places of employment. Section 7-702. Definitions. (1) "Bar" means 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. (2) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit. (3) "Employer" means a person, partnership, corp- oration, including municipal corporation or public entity, who employs the services of more than 3 persons. (4) "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. (5) "Place of Employment" means an 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. A private resi- dence is not a place of employment. (6) "Smoking" means 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 the smoke of a pipe, cigar or cigarette of any kind. Section 7-703. Regulation of Smoking in City. All enclosed facilities owned by the City of Danville are subject to the provisions of this ordinance. PAGE 2 ORDINANCE NO. Section 7-704. Prohibition of Smoking in Enclosed Places. Smoking is prohibited in the following places within the City: (1) Enclosed areas and businesses. An enclosed area or business available to and customarily used by the general public, including, but not limited to, a retain store, hotel, motel, pharmacy, bank, or office. (2) Restaurants. Within a restaurant having a seating capacity of 50 or more persons, provided, however, that this prohibition does not prevent (1) the designating of a flexible, contiguous area within the restaurant that contains no more than 60% of the seating capacity of the restaurant as a smoking area, or (2) the providing of separate rooms designated as smoking rooms, so long as those rooms do not contain more than 60% of tile seating capacity of the restaurant. (3) Health Facilities. A waiting room, hallway, ward, or semi-private room of a health facility, including but not limited to a hospital, clinic, physical therapy facility, doctor's office or dentist's office, except that a health facility is also subject to the provisions of Section 7-705 of this chapter regulating smoking in places of employment. (4) Transportation and restroom facilities. An ele- vator, public restroom, indoor service line, bus, taxicab or other means of public transit under the authority of a public entity, and in ticket, boarding, and waiting areas of public transit depots; provided, however that this pro- hibition does not prevent (1) the establishment of separate waiting areas for smokers and nonsmokers, or (2) the estab- lishment of at least 40% of a given waiting area as a non-smoking area. (5) ~useums and galleries. In public areas of museums and galleries. (6) Theaters. auditoriums and halls. An enclosed theater, auditorium, or hall which is used for action pic- tures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production. (7) Retail food facilities. A retail food marketing establishment, including a grocery store or supermarket, PAGE 3 ORDINANCE NO. except those areas of such establishments set aside for the serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by other sections of this chapter. (8) Public facilities and schools. A public school or other public facility under the control of another public agency, which is available to and customarily used by the general public, to the extent that the same is subject to the jurisdiction of the City. (9) Nonsmokin~ establishments. Notwithstanding any other provisions of this section, an owner, operator, manager or other person who controls an establishment described in this section may declare that entire establishment as a nonsmoking establishment. Section 7-705. Regulation of Smoking in Places of Emoloyment. (a) It is the responsibility of an employer to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but an employer is not required to incur any expense to make structural or other physical modifications in providing these areas. (b) Within 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 and maintain a written smoking policy, which shall contain at a minimum the following requirements: (1) prohibition of smoking in conference and meeting rooms, classrooms, auditoriums, rest- rooms, medical facilities, hallways, and elevators. (2) an employee in a place of employment may designate his or her immediate work area as a non-smoking area and post that area with an appropriate sign or signs, to be provided by the employer. The policy adopted by the em- ployer shall include a reasonable definition of the term "immediate work area". (3) in any dispute arising under a smoking policy, the rights of the non-smoker shall be given precedence. (4) provision and maintenance of a separate and contiguous non-smoking area of not less than PAGE 4 ORDINANCE NO. 40% of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges. (5) the smoking policy shall be communicated to all employees within three weeks of its adop- tion, and at least annually thereafter. (6) notwithstanding the provisions of sub- section (a) of this section, an employer may designate any place of employment, or portion thereof, as a non-smoking area. Section 7-706. Optional Smokin~ Areas. Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking re- strictions of this ordinance: (1) a private residence; (2) a bar; (3) a hotel or motel room rented to guests; (4) a retail store that deals exclusively in the sale of tobacco and smoking paraphernalia; (5) a restaurant, hotel or motel conference or meeting room, and public and private assembly room while these places are being used for private functions; (6) a private residence which may serve as a place of employment; (7) a private enclosed place occupied exclusively by smokers, even though such a place may be visited by non-smokers, and a private enclosed office, excepting places in which smoking is prohibited by the Fire Department or by any other law, ordi- nance or regulation. Section 7-707. Postin~ ReQuirements. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than 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 con- spicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, ope- rator, manager or other person having control of such build- ing or other place. PAGE 5 ORDINANCE NO. Each restaurant regulated by this ordinance shall have posted at its entrance a sign clearly stating that a nonsmoking section is available, and every patron shall be asked as to his or her preference.-where a host or hostess is available. Section 7-708. Enforcement. (a) Administration and enforcement of this ordinance shall be by the City Manager or his designee. (b) A citizen who desires to register a complaint under this chapter may initiate enforcement with the City Manager or his designee. (c) A owner, manager, operator or employer of an establishemnt regulated by this chapter may inform persons violating this chapter of the appropriate provisions. Section 7-709. Penalties. (a) It is unlawful for a 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 hereunder; provide signs for the use of employees in designating their areas; properly set aside "No Smoking" areas; adopt a smoking restriction policy; or comply with any other requirement of this chapter. (b) It shall be unlawful for any person to smoke in an area restricted by the provisions o£ this chapter. (¢) A person who violates this chapter shall be guilty of an infraction punishable by: (1) A fine, not exceeding $100, for first vio- lation; (2) A fine, not exceeding $200, for a second violation of this ordinance within 1 year; (3) A fine, not exceeding $500, for each ad- ditional violation of this ordinance within 1 year. Section 7-710. Nonretaliation. No person or employer may discharge, refuse to hire, or in any manner retaliate against an employee or applicant for employment because the employee or applicant exercises any rights afforded by this chapter. PAGE 6 ORDINANCE NO. Section 7-711. Other ApDlicable Laws. This ordinance shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws." SECTION 2. Severable. If any provision or clause of this ordinance or the application thereof to any person or circum- stances held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such in- validity shall not affect other ordinance provisions or causes 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 ordinance are declared to be severable. SECTION 3. Effective Date. This ordinance becomes effective thirty days after its adoption. SECTION 4. Publication. The City Clerk shall either a) have this ordinance published once within fifteen days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within fifteen days after adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville at a meeting - held on November 7 1985, and was adopted at a meeting held on November 18, 1985, by the following vote: AYES: Lane, Hay, [4cNeely, OffenharLz, Sch[endorF NOES: None "' \ '% Mayor ATTEST: \ PAGE 7 ORDINANCE NO.