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4678FOLLOWS: ORDINANCE NO. 4678 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 6.30 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS SECTION 1. That new Chapter 6.30 be, and the same is hereby, added to Title 6 of the Anaheim Municipal Code to read as follows: "CHAPTER 6.30 SMOKING IN PUBLIC PLACES 6.30.010 Purpose and Findings The City Council finds that the smoking of tobacco, or any other weed, plant or substance is a positive danger to health and a material annoyance, inconvenience, discomfort and a possible health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this Chapter is to prohibit the smoking of tobacco, or any other weed, plant or substance in public places and places of employment as stated and required in this Chapter. 6.30.020 Definitions The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section: A. 'Bar' means an area which is devoted to serving alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. B. 'Employee' means any person who is employed by any employer for direct or indirect monetary wages, profit, or any other form of consideration. C. 'Employer' means any person, partnership, corporation, including municipal corporation, or other entity which employs the services of four or more persons. AW D. 'Enclosed Facility' means any building or room within a building closed in by a roof and four walls with appropriate openings for ingress and egress but does not include areas commonly described as public lobbies. E. 'Motion Picture Theater' means any theater engaged in the business of exhibiting motion pictures. F. 'Service Line' means an indoor line or area in which persons await service of any kind, regardless of whether or not such service involves the exchange of money or other consideration. Such service shall include, but is not limited to, sales, giving of information, directions, or advice and transfers of money or goods. G. 'Workplace' means any enclosed area of a structure or portion thereof occupied by a business entity and frequented by employees during the normal course of their employment and where clerical, professional, or business services of the business entity are performed or where other work is done at that location. Workplace includes, but is not limited to, spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes, employee lounges, conference rooms and employee cafeterias. A private residence is not a workplace. H. 'Smoke' or 'Smoking' means and includes any of the following: (1) the combustion of any cigar, cigarette, pipe, or any similar article, using any form of tobacco or other combustible substance in any form, or (2) the holding or carrying of a lighted cigar, cigarette, pipe or any other lighted smoking device, or (3) emitting or exhaling the smoke directly from a cigar, cigarette, pipe or any other lighted smoking device. 6.30.030 Smoking Prohibited - Elevators Smoking is prohibited and is unlawful within elevators in public or private buildings generally used by and open to the public including, but not limited to, elevators in office, hotel and multifamily residential buildings. 6.30.040 Smoking Prohibited - Hospitals and Health Care Facilities A. In public areas of health care facilities and hospitals, as defined in Section 1250 of the California Health and Safety Code, including waiting rooms, public hallways and lobbies, all smoking is -2- prohibited, except in specially designated smoking areas, which may be all or part of a public area. B. Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in rooms occupied by two or more patients according to the patient's individual nonsmoking or smoking preference. C. In rooms and areas occupied by two or more patients, smoking shall be prohibited for hospital staff, visitors and the general public. 'STAFF AND VISITOR S140KING PROHIBITED' signs shall be conspicuously posted in such areas. 6.30.050 Smoking Prohibited - City Council Chambers Smoking is prohibited and is unlawful within a contiguous area of not less than fifty percent of the total area of the City Council Chambers of the Anaheim Civic Center which has been designated and posted as a no smoking area by the City by signs of sufficient number and posted in such locations as to be readily seen by persons within such area. 6.30.060 Smoking Prohibited - Theaters A. Smoking is prohibited and is unlawful in every publicly or privately owned motion picture theater which is open to the public for the primary purpose of exhibiting any motion picture in all areas except either in that area commonly known as the lobby, or in areas not open to the public. Every owner and/or manager of such theater shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater and such information shall be shown upon the screen for at least five seconds before showing feature motion pictures. B. Where not otherwise prohibited by law, smoking may be prohibited within all or any portion of any auditorium or other enclosed facility which is open to the public for the purpose of exhibiting any stage drama, musical recital, athletic event or any other performance or event open to the public upon the posting of signs in those certain areas where smoking is prohibited as determined by the owner or person in control of said facility or portion thereof. Said signs shall be posted conspicuously in the areas where smoking is prohibited and shall conform to the specifications set forth in Section 6.30.120 of this chapter. The term 'person in control of said facility or portion thereof' as used herein shall mean any person or entity which has leased, rented, hired or otherwise obtained the right to -3- use of such facility or portion thereof for the purpose of exhibiting such performance or event to the public. Nothing contained herein shall require the owner or person in control of such facility or portion thereof to designate and post such facility or any portion thereof as a nonsmoking area except in those certain facilities and areas where smoking is prohibited by the fire marshal or by any other law, ordinance or regulation. 6.30.065 Smoking Prohibited - Anaheim Stadium Suites and Executive Boxes Smoking is prohibited and is unlawful in any suite or executive box within Anaheim Stadium provided the licensee or other person, firm, corporation or entity having control of the occupancy of said suite or executive box shall have posted or caused to be posted signs prohibiting smoking within such suite or box. The posting of any such suite or executive box as a no smoking area shall be at the sole discretion of such licensee or person, firm, corporation or entity having control of the occupancy thereof. 6.30.070 Smoking Prohibited - Public Restrooms Smoking is prohibited and is unlawful in public restrooms containing less than 200 square feet of floor area in any public or private building. 6.30.080 Smoking Prohibited - Indoor Service Lines Smoking is prohibited and is unlawful in indoor service lines in public or private buildings in which more than one person is giving or receiving services of any kind. Service lines for concession stands at Anaheim Stadium shall not be deemed 'indoor service lines' for purposes of this Section. 6.30.090 Nonsmoking Areas in Restaurants A. Restaurants and other eating establishments having an occupancy capacity of fifty (50) or more persons shall by signs designate an adequate amount of seating capacity to fully meet demands of nonsmokers and shall ask each patron or party of patrons their preference. Where seating does not include a host or hostess, there is no requirement to ask each patron; however, signs complying with Section 6.30.120 of this Chapter designating smoking and nonsmoking areas shall be posted at the entrance or in the reception area to clearly direct customers to the correct area of the restaurant. Every restaurant shall have posted at its entrance and/or reception area a sign clearly stating that both smoking and nonsmoking sections are available. In any restaurant where smoking -4- is entirely prohibited, there shall be a sign to that effect at its entrance and/or reception area. B. Each such restaurant or eating establishment shall have a written policy describing how nonsmokers are to be accommodated in the restaurant per subsection A above and shall present its policy to any City Code Enforcement Officer or member of the public when asked. C. If a patron begins smoking in a nonsmoking section, the waiter or waitress serving such area or, in self service restaurants, the restaurant manager shall inform him or her that smoking is prohibited in such section and if the patron refuses to cease, the waiter, waitress or manager shall attempt to reseat him or her. D. This section shall not apply to any rooms which are being used for eating establishment purposes for private functions, but only while any such room is used for such private functions. The term 'private functions' as used herein shall include all eating functions not open to the general public or establishments open only to members and their guests. E. After this section has been in effect one year, the City Council shall reevaluate this Section 6.30.090 to determine whether it is being adhered to, and whether it provides adequate protection to the nonsmoker. 6.30.100 Smoking Prohibited - Retail Food Production and Marketing Establishments Smoking is prohibited and unlawful in any retail food marketing establishments including grocery stores and supermarkets except (i) those areas of such establishments set aside for offices, (ii) areas thereof not open to the public and (iii) areas thereof set aside for the serving and/or consumption of food and beverages. Such food and beverage areas shall be subject to the provisions of Section 6.30.090 if such areas have an occupancy capacity of fifty (50) or more persons. 6.30.110 Regulation of Smoking in the Workplace A. Within ninety (90) days of the effective date of this Chapter, or within ninety (90) days of first becoming an employer as defined in this Chapter for employers who are not in operation of the effective date of this Chapter, each employer shall adopt, implement, and maintain a written smoking policy which shall contain at a minimum the following: -5- 1. Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators. 2. Provisions and maintenance of a - contiguous no smoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges. 3. Any employee in the workplace shall be given the right to designate his or her immediate work area as a nonsmoking area and to post it with appropriate signs or sign. The policy adopted by the employer shall include a definition of the term 'immediate work area' which gives preferential consideration to nonsmokers. B. In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. C. Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating which signs shall conform to the provisions of Section 6.30.120 of this Code. D. The smoking policy shall be communicated to all employees within three weeks of its adoption. E. Notwithstanding the provisions of Paragraph A of this Section, every employer shall have the right to designate any workplace as a nonsmoking area or to adopt and enforce a smoking policy more restrictive than the provisions of Paragraph A of this Section. F. This Section is not intended to regulate smoking in the following places and under the following conditions: 1. A private residence which may serve as a workplace. 2. Any property being operated by any governmental agency other than the City of Anaheim. 3. An enclosed workplace occupied exclusively by smokers, even though such a workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation. 4. Bars as defined in Section 6.30.020. S. Food service areas of eating establishments where food is served to and/or consumed by patrons. G. It shall be unlawful for an employer to fail or refuse to adopt, implement and maintain a written smoking policy which conforms to all applicable provisions of this Section. 6.30.120 Posting of Signs Required Except where other signs are required, whenever in this Chapter smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height on a contrasting background and/or the international No Smoking logo. It is the duty of the owner, operator, manager, or other persons having control of such room, building, or other place where smoking is prohibited, to post such signs or to cause such signs to be posted. 6.30.130 Structural Modifications not Required A. It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. B. Nothing in this Chapter shall require the owner, operator, or manager of any theater, auditorium, health care facility, or any building, facility, structure, or business, to incur any expense to make structural or other physical modifications to any area or workplace. C. Nothing in this Section shall relieve any person from the duty to post signs or adopt policies as required by this Chapter. 6.30.140 Administration The no smoking regulations established by this Chapter shall be administered by the City Code Enforcement Supervisor and the Code Enforcement Officers under such supervisor's direction. 6.30.150 Exemptions Any owner or manager of a business or other establishments subject to this Chapter may apply to the City Code Enforcement Supervisor for an exemption or modification to any provisions of this Chapter due to unusual circumstances or conditions. Wil A. Such exemption shall be granted only if the City Code Enforcement Supervisor finds from the evidence presented by the applicant for exemption at a hearing either that: 1. The applicant cannot comply with the provisions of this Chapter for which an exemption is requested without incurring expenses for structural or other physical modifications other than posting signs, to buildings and structures. 2. Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. B. The applicant for an exemption shall pay a fee on One Hundred Fifty Dollars ($150.00) at the time such application for exemption is filed to cover cost of the hearing and noticing of the hearing. Notice of the time and place of said hearing shall be mailed to the applicant and published in a newspaper of general circulation within the City of Anaheim not less than ten (10) days prior to said hearing. 6.30.160 Violations and Penalties Any person who violates any provision of this Chapter by smoking in a posted 'No Smoking' area or other area in which smoking is prohibited by any provision of this Chapter, or by failing to post or cause to be posted a required 'No Smoking' sign, or failure by an employer to regulate smoking in the workplace as required by Section 6.30.110, is guilty of an infraction and, upon conviction thereof, shall be punished by (1) a fine not exceeding Fifty Dollars ($50.00) for a first violation; (2) a fine not exceeding One Hundred Fifty Dollars ($150.00) for a second violation of the same ordinance within one (1) year; (3) a fine not exceeding Five Hundred Dollars ($500.00) for each additional violation of the same ordinance within one (1) year." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th day of March, 1986. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 4571M 030586 -9- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4678 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of March, 1986, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of March, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, and Pickler NOES: COUNCIL MEMBERS: Bay ABSTAINED: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4678 on the 18th day of March, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed -the official seal of the City of Anaheim this 18th day of Marcie , 1986. CITY CLERK OF THE -CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4678 and was published once in the Anaheim Bulletin on the 28th day of March, 1986. G` CITY CLERK