HomeMy WebLinkAboutOrdinance #2819 3
ORDINANCE NO. 2819
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
REPEALING SECTIONS 13 .52.030 THROUGH 13 .52 .050;
AND ADDING THERETO NEW CHAPTER 9.08 REGULATING
SMOKING IN PUBLIC AREAS AND WORK PLACES
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. Sections 13 .52 .030 through 13 .52.050 of the
Huntington Beach Municipal Code is hereby repealed.
SECTION 2 . The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 9.08 to read as follows:
9.08.010 Purpose and findings . The city council finds
there is ample evidence that smoking tobacco in any form is a
real danger to the general health and an irritation, inconven-
ience, and discomfort to persons in enclosed areas. In order
to serve the public health, safety and welfare, the declared
purpose of this chapter is to promote a policy of nonsmoking
and to regulate smoking in any building or establishment fre-
quented by the public or where numerous persons are employed.
I
9.08.020 Definitions. Words and phrases used in this
chapter shall ave t e following meanings unless from the con-
text a different meaning is apparent:
(a) "Employee" shall mean any person who performs a ser-
vice under any appointment or contract of hire or apprentice-
ship, express or implied, oral or written excepting persons
excluded by California Labor Code section 3352 .
(b) "Employer" shall mean any person, partnership, or cor-
poration ( including private, nonprofit and governmental) having
not fewer than four persons performing services and receiving
compensation therefor .
(c) "Places of employment" shall mean any building, struc-
ture, or portion thereof, under the control of a private or
public employer, where employees are present to perform a ser-
vice, and members of the public may come to be served.
1.
(d) "Smoking" shall mean and include inhaling, exhaling,
burning, or carrying any lighted smoking equipment for tobacco,
or any other noxious weed or plant.
9.08.030 Elevators--Smoking prohibited. No person shall
smoke in any elevator in any building open to the public in-
cluding, but not restricted to, elevators in office, hotel, and
multifamily buildings.
9.08.040 Hospitals and health care facilities--Smoking
prohibited. a No person shall smoke in any area, except
those designated and posted for such purpose, of any hospital
and health care facility, as defined in California Health and
Safety Code section 1250.
(b) Every publicly or privately-owned hospital and health
care facility shall assign patients rooms or wards, according
to individual preference, and no nonsmoking patient shall be
placed in a room or ward which has been designated for patients
who smoke.
9.08.050 Meeting rooms--Smoking prohibited. No person
shall smoke in any hearing room, conference room, chamber or
any place where public business is conducted, and to which mem-
bers of the public are admitted, whether as participants or
observers .
9.08.060 Theaters and auditoriums--Smoking prohibited. No
person shall smoke in any publicly or privately-owned theater ,
auditorium or similar facility, designed and used for motion
picture shows and stage productions, including but not re-
stricted to musicals, concerts, recitals, operas, and sporting
events, except the lobby, and business or work areas barred to
the public. Every person who owns, manages, or has control of
a theater, auditorium, or facility used for the purposes stated
herein, shall post signs conspicuously in the lobby informing
the public that smoking is not permitted inside such theater,
auditorium, or facility. In the case of motion picture the-
aters , such information shall be displayed on the screen for
not less than five (5) seconds before the beginning of the fea-
ture film.
9.08.070 Public restrooms--Smoking prohibited. No person
shall smoke in any public restroom.
9.08.080 Eating establishments--Smoking in. Any person
owning, managing, operating or having control of an eating es-
tablishment or restaurant which has an approved occupant load
of more than fifty (50) persons shall provide and maintain a
nonsmoking section of not less than 25 percent of the enclosed
area for seating patrons which is not part of a patio or out-
2 .
door eating area, or that portion of the premises utilized pri-
marily for the sale of alcoholic beverages . The requirements
of this section shall not apply to any room or rooms in a res-
taurant or eating establishment which may be reserved for pri-
vate functions.
9 .08.090 Employer compliance. As evidence of good faith
compliance, an employer with our (4) or more employees, shall
meet the following criteria:
(a) Within 120 days after the effective date of this chap-
ter, an employer shall adopt, implement and maintain a no
smoking policy, containing a definition of "immediate work
area, " which insofar as practicable, shall make reasonable pro-
visions for nonsmokers and smokers . Such policy shall be
posted in appropriate locations throughout the work place, and
copies thereof furnished to all employees .
(b) An employee may request, based on the employer 's pol-
icy, that his or her immediate work area be designated non-
smoking. Nonsmokers shall be given preference, and may lodge a
complaint with the employer with respect to pollution by to-
bacco smoke of his or her immediate work area. The employer
shall, using existing ventilation, walls, temporary separations
and partitions, make every effort to resolve any problem be-
tween nonsmoking and smoking employees.
(c) If an employer finds that the floor plan for a busi-
ness does not provide sufficient relief for nonsmoking em-
ployees, he may, when practicable, reassign such nonsmokers to
other locations, enlarge the area in which smoking is prohib-
ited, or take any other reasonable measure to eliminate or re-
duce the effect of tobacco smoke on nonsmokers.
9.08.100 Exceptions . The provisions of this chapter
shall not apply to any business conducted from a private home,
or any private work area occupied exclusively by persons who
smoke, except where smoking has been prohibited by the fire
marshal pursuant to statute, ordinance or other regulation.
9 .08.110 Sign requirement. Whenever, under the provisions
of this chapter, the posting of a sign is required, the owner,
manager, or other person in charge or control of a building,
room, or other place where smoking is prohibited, shall place
or cause to be placed conspicuous "NO SMOKING" signs with capi-
tal letters not less than one inch in height on a contrasting
background.
9.08.120 Structural modification not required. (a) All
employers shall to the extent possible provide no-smoking areas
for nonsmoking personnel, but shall not be required to incur
3.
any expense to make alterations or modifications to an existing
structure.
(b) No owner, operator, or manager of any theater, hospi-
tal, health care facility, business, building, or structure
shall be required to incur any expense to alter or modify an
existing area or work place for the benefit of nonsmokers.
9.08.130 Prohibitions . (a) No employer, owner, operator,
manager, or person in charge or control of any place of busi-
ness, hospital or health care facility, or theater or place of
entertainment shall fail to establish and post a written
smoking policy on the premises, or fail to place conspicuous
"no smoking" signs in appropriate areas, and insofar as practi-
cable, shall fail to comply with the requirements of this chap-
ter.
(b) It shall be unlawful for any person wilfully to de-
stroy or mutilate any sign which prohibits smoking.
(c) It shall be unlawful for any person to smoke in any
posted nonsmoking area.
9.08.140 Violation--Penalty. Any person who violates or
wilfully fails to comply wi any provision of this chapter
shall be guilty of an INFRACTION, and upon conviction thereof
shall be subject to the following:
(a) For the first offense, a fine not to exceed fifty dol-
lars ($50) ;
(b) For the second offense, occurring ninety (90) days
after the first offense, a fine not to exceed one hundred dol-
lars ($100) ;
(c) For the third offense, occurring ninety (90) days af-
ter the second offense, a fine not to exceed one hundred dol-
lars ($100) ; and
(d) Thereafter a fine not to exceed two hundred fifty dol-
lars ($250) shall be paid each day, or portion thereof, during
which an offense occurs.
9.08.150 Public nuisance--civil remedy. Any violation of
the provisions of this chapter may be declared a public nui-
sance hereunder, and the city attorney may proceed to abate the
same by filing a civil action in a court of competent jurisdic-
tion.
SECTION 3 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
4.
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sec-
tions, subsections, sentences, clauses, phrases or portions, or
amendments be declared invalid or unconstitutional.
SECTION 4. The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Municipal Code relating to the same subject
matter shall be construed as restatements and continuations and
not as new enactments.
SECTION 5. This ordinance shall take effect thirty days
after passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the Ift"h
day of February 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk L3 deity Attorney
INITIA D APPROVED:
City Admi strat
ahb; 1/23/86
1157L/86-115
5 .
Ord. No. 2819
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 3rd day of February
19 86, and was again read to said City Council at a regular
meeting thereof held on the 18th day of February , 19 86 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, Finley, Mandic, Bailey, Green
NOES: Councilmen:
MacAllister, Thomas
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
F
licia M. Wentworth CITY CLERK of the City of
tington Beach and ex-officfo Clerk of the City
ncil, do hereby certify that a synapsis of this
nance has begn published to the Huntington
each independent on
in aceordancz with the City Chai:4r of said City.
)VCIA M, WENTWORTH
.............
City Clerk
. ............. ... ..
Oelmty City Clerk