[HISTORY: Adopted by the County Council of Allegheny County 7-10-2007
by Ord. No. 29-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 660.
[1]
Editor's Note: This ordinance was adopted as Ch. 580, but was
renumbered to fit into the organizational structure of the Code. This ordinance
also provided that Allegheny County shall have the sole right and authority
to enforce its terms. The ordinance does not grant any individual, group of
individuals, organization, entity or any other person any right to bring any
action in or before a court, administrative agency or board or any similar
body to enforce its provisions.
For the purposes of this chapter, the following definitions shall apply:
An area in any building intended for the common use of residents,
the public or invited guests.
Any restaurant, bar, coffee shop, cafeteria, sandwich stand, diner,
fast-food establishment, cafeteria, banquet hall, catering facility, food
court, or any other eating or drinking establishment which gives or offers
for sale food or drink to the public, guests, or employees, whether for consumption
on or off the premises, and including any such eating or drinking establishment
located in a lodging establishment, sports or recreational facility, or theater
or performance establishment. For the purposes of this Chapter, any establishment
meeting this definition shall be deemed to be a food or beverage establishment,
regardless of whether that establishment also meets one or more other definition(s)
contained within this section.
Any hotel, motel, inn, resort, guest house, bed-and-breakfast establishment,
or other building which holds itself out by any means, including advertising,
license, registration with an innkeepers' group, convention listing association,
travel publication or similar association or with a government agency, as
being available to provide overnight lodging or use of facility space, such
as space for food and beverage service or meeting rooms, for consideration
to persons seeking temporary accommodation.
Any food or beverage or other establishment in which the possession
of lit tobacco smoke-producing instruments is prohibited by the owner or person
in control of the premises at all times and within all areas of the establishment.
Inhaling, exhaling, burning or carrying any lighted cigarette, cigar,
pipe or other such device which contains tobacco or other smoke-producing
products.
Any enclosed or unenclosed stadium, pavilion, gymnasium, health club,
spa, swimming pool, roller or ice rink, bowling alley, boxing arena, billiard
parlor, pool hall or other similar place where members of the general public
assemble either to engage in physical exercise, participate in recreational
activities or athletic competition, or witness sports or other events.
Any enclosed or unenclosed facility primarily used for the exhibition
of any motion picture, concert, stage drama, musical recital, dance, lecture
or other similar performances.
Any device or configuration designed to facilitate the inhalation
of tobacco or other plant material smoke, including factory or hand-rolled
cigarettes or cigars, hookahs, and pipes.
Any area enclosed within four walls and having a ceiling that is
under the control of a public or private employer where one or more employees
are routinely assigned and normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms, meeting rooms, classrooms, employee cafeterias and hallways.
A private residence is not a workplace unless it is used as a child-care,
adult day care or health-care facility.
The Allegheny County Health Department shall administer the Allegheny
County Certified Smoke-Free Program in accordance with the requirements of
this chapter.
A.
Determination; issuance of certificate.
(1)
At each inspection of any food or beverage establishment
conducted by the Allegheny County Health Department, the inspector shall also
determine whether the establishment qualifies as a smoke-free establishment.
(2)
In the event that the food or beverage establishment
does qualify as a smoke-free establishment, the Allegheny County Health Department
shall issue a smoke-free certificate to the establishment, as follows:
(a)
The smoke-free certificate shall be no less than six
inches high, with lettering no less than two inches high; and
(b)
A symbol consisting of a circle with a lit cigarette
and a line diagonally through its center measuring at least four inches in
height shall be included on the certificate; and
(c)
The words "Allegheny County Certified Smoke-Free Establishment"
and an appropriate citation to this chapter shall be included on the certificate;
and
(d)
Information delineating how to reach the Department for
the purpose of providing notice in the event that the smoke-free establishment
permits smoking shall be included on the certificate.
B.
In evaluating whether the owner or person in control
of a food or beverage establishment prohibits smoking at all times and in
all locations within his or her establishment, the Health Department shall
consider all relevant factors, including, but not limited to:
C.
Subject to the limitation contained within § 567-6, all smoke-free certificates shall be valid only during the time between regular inspections by the Health Department, shall reflect an expiration date on their faces, and shall be displayed by the food and beverage establishment in the same location as any inspection stickers issued by the Department.
A.
The owner of any workplace may apply to the Allegheny
County Health Department for smoke-free certification.
(1)
The Health Department may, at its discretion, set an
application period, so long as the period is at least 30 days in length and
is offered no less than once per calendar year.
(2)
The Health Department shall develop a uniform application
for smoke-free certification.
(3)
The application shall contain a signed statement by the
applicant that smoking is prohibited at all times and in all locations within
his or her workplace.
(4)
The Health Department may charge an application fee not
to exceed $50 per application tendered under the terms of this section.
B.
The Department shall conduct an inspection of the applicant's workplace within 60 days of receiving a timely filed application under the terms of Subsection A.
C.
In the event that the workplace for which an application
was tendered does qualify as a smoke-free establishment, the Allegheny County
Health Department shall issue a smoke-free certificate to the establishment,
as follows:
(1)
The smoke-free certificate shall be no less than six
inches high, with lettering no less than two inches high; and
(2)
A symbol consisting of a circle with a lit cigarette
and a line diagonally through its center measuring at least four inches in
height shall be included on the certificate; and
(3)
The words "Allegheny County Certified Smoke-Free Establishment"
and an appropriate citation to this chapter shall be included on the certificate;
and
(4)
Information delineating how to reach the Department for
the purpose of providing notice in the event that the smoke-free establishment
permits smoking shall be included on the certificate.
D.
In evaluating whether the owner or person in control
of any establishment for which an application has been submitted prohibits
smoking at all times and in all locations within his or her establishment,
the Health Department shall consider all relevant factors, including, but
not limited to:
(1)
The presence, visibility, and prominence of "no smoking"
signs within the workplace.
(2)
The presence of ashtrays within the workplace.
(3)
The availability of tobacco smoke-producing instruments
or related products, such as matches, to patrons within the workplace.
(4)
Whether the employer owning or operating the workplace
has adopted, implemented, made known and maintained a written policy that
prohibits smoking within all areas of the workplace.
A.
The owner of any lodging establishment, sports or recreational
facility, theater or performance establishment, or common use area may apply
to the Allegheny County Health Department for smoke-free certification.
(1)
The Health Department may, at its discretion, set an application period, so long as the period is at least 30 days in length and is offered no less than once per calendar year. This application period need not be identical to that created pursuant to the terms of § 567-4A of this chapter.
(2)
The Health Department shall develop a uniform application
for smoke-free certification.
(3)
The application shall contain a signed statement by the
applicant that smoking is prohibited at all times and in all locations within
his or her establishment.
(4)
The Health Department may charge an application fee not
to exceed $50 per application tendered under the terms of this section.
B.
The Department shall conduct an inspection of the applicant's establishment within 60 days of receiving a timely filed application under the terms of § 567-5A.
C.
In the event that the establishment for which an application
was tendered does qualify as a smoke-free establishment, the Allegheny County
Health Department shall issue a smoke-free certificate to the establishment,
as follows:
(1)
The smoke-free certificate shall be no less than six
inches high, with lettering no less than two inches high; and
(2)
A symbol consisting of a circle with a lit cigarette
and a line diagonally through its center measuring at least four inches in
height shall be included on the certificate; and
(3)
The words "Allegheny County Certified Smoke-Free Establishment"
and an appropriate citation to this chapter shall be included on the certificate;
and
(4)
Information delineating how to reach the Department for
the purpose of providing notice in the event that the smoke-free establishment
permits smoking shall be included on the certificate.
D.
In evaluating whether the owner or person in control
of any establishment for which an application has been submitted prohibits
smoking at all times and in all locations within his or her establishment,
the Health Department shall consider all relevant factors, including, but
not limited to:
The Allegheny County Health Department may, at any time, revoke any
smoke-free certificate issued pursuant to the terms of this chapter, provided
that the Department:
A.
Receives written or oral notice from multiple individuals
within a thirty-day period indicating that smoking has been permitted within
an establishment which has been given a smoke-free certificate; and
B.
Conducts an investigation of the premises that are the
subject of the notices, and finds clear evidence that smoking has been or
is being permitted therein; and
C.
Provides written notice to the owner and/or person(s)
in control of the premises that are the subject of the notices that the smoke-free
certificate is to be revoked, together with the factual bases for the revocation;
and
D.
Provides an opportunity to the owner and/or person(s)
in control of the premises that are the subject of the notices to refute the
notices themselves and/or findings of the Department's investigation;
E.
Confiscates the establishment's smoke-free certificate
in the event that a final decision to revoke the certificate is reached.
The Allegheny County Health Department shall maintain a current listing of all establishments and workplaces certified as smoke-free under the terms of this chapter on its Web site, together with the address and telephone number of each certified entity. In the event that any certification is revoked under the terms of § 567-6, the corresponding Web site listing shall be removed within 24 hours.
