HomeMy WebLinkAboutOrdinance #3485 ORDINANCE NO. 3 3 8 5
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.08 OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO SMOKING REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That certain sections of Chapter 9.08 of the Huntington Beach Municipal
Code are hereby amended 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, inconvenience, 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 frequented by the public,to the extent allowed by
state law.
9.08.040 Hospitals and health care facilities--Smoking prohibited. This section will
become effective only upon 1) the repeal or invalidation of California Labor Code section
6404.5; or 2) legislative modification to California Labor Code section 6404.5 such that
local agencies may regulate smoking in places of employment.
(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 roams--Smoking prohibited. This section will become effective only
upon I) the repeal or invalidation of California Labor Code section 6404.5; or 2) legislative
modification to California Labor Code section 6404.5 such that local agencies may regulate
smoking in places of employment.
No person shall smoke in any hearing room, conference room, chamber or any place where
public business is conducted, and to which members of the public are admitted, whether as
participants or observers.
9.08.060 Theaters and auditoriums--Smoking prohibited. This section will become
effective only upon 1) the repeal or invalidation of California Labor Code section 6404.5; or
2) legislative modification to California Labor Code section 6404.5 such that local agencies
may regulate smoking in places of employment.
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
restricted 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 theaters, such information shall
1
7/k/ordinance/=908112/22/97
3385
be displayed on the screen for not less than five(5) seconds before the beginning of the feature
film.
9.08.080 Eating establishments--Smoking prohibited This section will become effective
only upon 1) the repeal or invalidation of California Labor Code section 6404.5; or 2)
legislative modification to California Labor Code section 6404.5 such that local agencies
may regulate smoking in places of employment.
(a) Any person owning,managing, operating or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-five (25)persons or more shall
provide and maintain a nonsmoking section of not less than seventy-five percent(750/0)of
the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or
that portion of the premises used primarily for the sale of alcoholic beverages. The
requirements of this section shall not apply to any room or rooms in a restaurant or eating
establishment which may be reserved for private functions. The nonsmoking section
referred to herein shall be increased to one hundred percent(100%)of the aforesaid
enclosed area on January 1, 1995.
(b) Any person owning,managing, operating, or having control of an eating establishment or
restaurant which has an approved occupant load of twenty-four(24)persons or Iess shall
provide and maintain a nonsmoking section of not less than one hundred percent(100%)of
the enclosed area for seating patrons which is not part of a patio, outdoor eating area, or
that portion of the premises used primarily for the sale of alcoholic beverages. The
requirements of this section shall not apply to any room or rooms in a restaurant or eating
establishment which may be reserved for private functions.
9.08.090 Employer compliance. This section will become effective only upon 1) the repeal
or invalidation of California Labor Code section 6404.5; or 2) legislative modification to
California Labor Code section 6404.5 such that local agencies may regulate smoking in
places of employment.
As evidence of good faith compliance, an employer with four(4) or more employees, shall
meet the following criteria:
(a) Within 120 days after the effective date of this chapter, 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 provisions 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 policy,that his or her immediate work
area be designated nonsmoking. Nonsmokers shall be given preference, and may lodge a
complaint with the employer with respect to pollution by tobacco 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 between nonsmoking
and smoking employees.
(c) If an employer finds that the floor plan for a business does not provide sufficient relief for
nonsmoking employees, he may,when practicable, reassign such nonsmokers to other
locations, enlarge the area in which smoking is prohibited, or take any other reasonable
measure to eliminate or reduce the effect of tobacco smoke on nonsmokers.
9.08.130 Prohibitions. This section will become effective only upon 1) the repeal or
invalidation of California Labor Code section 6404.5; or 2) legislative modification to
2
7lklordinance/=908/12/22/97
3385
California Labor Code section 6404.5 such that local agencies may regulate smoking in
places of employment
(a) No employer, owner, operator,manager, or person in charge or control of any place of
business,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 practicable, shall fail to comply
with the requirements of this chapter.
(b) It shall be unlawful for any person willfully to destroy 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--Penal . This section will become effective only upon I) the repeal or
invalidation of California Labor Code section 6404.5; or 2) legislative modification to
California Labor Code section 6404.5 such that local agencies may regulate smoking in
places of employment
Any person who violates or willfully fails to comply with 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 dollars ($50);
(b) For the second offense, occurring ninety(90)days after the first offense,a fine not to
exceed one hundred dollars ($100);
(c) For the third offense, occurring ninety(90)days after the second offense, a fine not to
exceed one hundred dollars ($100);
(d) Thereafter a fine not to exceed two hundred fifty dollars ($250) shall be paid each day, or
portion thereof, during which an offense occurs.
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 2nd day of February , 1998 .
ATTEST:
Mayor77
City Clerk APPROVED AS TO FORM:
REVIEWED AND APPROVED
-31-9_ity Attorney3�t
City Administrator INITIATED AND APPROVED:
City Attorney
3
7Wordinance/=908/12/22/97
Ord. No. 3385
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 20th of Januarry. 1998, and was again read to
said City Council at a regular meeting thereof held on the 2nd of February, 1998, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo
NOES: None
ABSENT: Bauer
ABSTAIN: None
1,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance/has been published in the Independent on
19
In accordance with the City Charter of said City City Clerk and ex-off cio rk
,-,Connie Brockway City Clerk of the City Council of the City
e u City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
2/13/98