[Ord. No. 897.]
The following words and phrases whenever used in this chapter,
unless the content indicates otherwise, shall be construed as defined
in this section.
(a)
SMOKING — Shall mean lighting, inhaling, exhaling, or burning
any pipe, cigar, cigarette, weed, or plant, or carrying any lighted
pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant,
or other ignited combustible substance in any manner or in any form.
(b)
PERSON — Shall mean any natural person, partnership, corporation,
unincorporated association, joint venture, business trust, joint stock
company, club, or other organization of any kind except the City of
Oakdale or any other public agency.
(c)
EMPLOYEE — Shall mean any person who is employed by any employer
in the consideration for direct or indirect monetary wages or profit.
(d)
PLACE OF EMPLOYMENT — Shall mean any 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:
(e)
WORK AREA OR WORK PLACE — Shall mean any area of a place of
employment enclosed by floor to ceiling walls in which two or more
employees are assigned to perform work for an employer.
(f)
BUSINESS — Shall mean any sole proprietorship, partnership,
joint venture, corporation, or other business entity formed for profit
making purposes, including retail establishments where goods or services
are sold as well as professional corporations and other entities under
which legal, medical, dental, engineering, architectural, or other
professional services are delivered.
(g)
NONPROFIT ENTITY — Shall mean any corporation, unincorporated
association, or other entity created for charitable, philanthropic,
educational, character building, political, social, or other similar
purposes, the net proceeds from the operations of which are committed
to the promotion of the objects or purposes of the organization and
not to private financial gain. A public agency is not a nonprofit
entity within the means of this section.
(h)
PUBLIC PLACE — Shall mean any enclosed area, not a private
residence, to which the public is invited or in which the public is
permitted, including, but not limited to:
(i)
RESTAURANT — Shall mean any restaurant, cafeteria, luncheonette,
tavern, cocktail lounge, sandwich stand, soda fountain, private and
public school cafeteria, dining area, service line, or eating establishment
and any other eating establishment, organization, club, including
veterans club, boarding house, or guest house, which gives or offers
for sale food to the public, guests, patrons, or employees, as well
as kitchens in which food is prepared on the premises for serving
elsewhere including catering functions except that the term "restaurant"
shall not include a cocktail lounge or tavern if said cocktail lounge
or tavern is a bar as defined in this section.
(j)
DINING AREA — Shall mean any enclosed area containing a counter
or tables upon which meals are served.
(k)
SERVICE LINE — Shall mean any indoor line at which one or more
persons are waiting for or receiving service of any kind whether or
not such service involves the exchange of money.
(l)
TOBACCO STORE — Shall mean any retail store utilized primarily
for the sale of tobacco products and accessories and in which the
sale of other products is merely incidental.
(m)
BAR — Shall mean any area which is devoted to the serving of
alcoholic beverages for consumption by guests on the premises and
in which the serving of food is only incidental to the consumption
of such beverages. Although a restaurant may contain a bar, the term
"bar" shall not include the restaurant dining area.
[Ord. No. 897.]
Smoking is hereby prohibited in buildings owned or leased by
the City of Oakdale except in lounges or other areas specifically
designated for that purpose by the city administrator. When there
is inadequate space to provide for both a nonsmoking and smoking lounge,
the city administrator may delegate certain times for nonsmoking and
smoking in a single lounge.
[Ord. No. 897.]
Signs designating smoking or not smoking areas shall be clearly,
sufficiently, and conspicuously posted in every room, building, or
other place covered by this chapter. The manner of such posting including
the wording, size, color, design, and place of posting, whether on
the walls, doors, tables, counter-stands, or elsewhere shall be determined
by the city administrator.
[Ord. No. 897.]
Any person who violates any provision of this chapter by smoking
in a posted no smoking area or otherwise violates any provision of
this chapter is guilty of an infraction, and, upon conviction thereof,
shall be punished by a fine of not less than ten dollars nor more
than one hundred dollars. A violation of this chapter by any city
employee or officer by smoking in a posted no smoking area, or by
failing to post or cause to be posted a no smoking sign required by
this chapter, or by otherwise violating any provision of this chapter
shall also be a cause for discipline of such employee.
[Ord. No. 897; Ord. No. 1007, § 1.]
Smoking is prohibited in the following public areas within the
incorporated area of the City of Oakdale or which are otherwise subject
to the jurisdiction or control of the City of Oakdale.
(a)
Elevators open to and in use by the public.
(b)
Public restrooms.
(c)
Waiting rooms, public hallways, and patients' rooms of every
private or public health care facility including, but not limited
to, hospitals except rooms limited to a single patient and not open
to the public.
(d)
Within every room, chamber, place of meeting, or public assembly
during such time as a meeting required by law to be open to the general
public is in progress.
(e)
Within any building or room not open to the sky when that building
or room is open to the public for the purpose of exhibiting any motion
picture, stage drama, lecture, musical recital, or other similar performance
except for members of the cast when smoking is a part of the stage
production.
(f)
In any restaurant as that term is defined in subsection (i) herein, where food is being served to the general public; provided; however, that this prohibition against smoking shall not apply within an establishment wherein a "no smoking" area of not less than fifty percent of the floor space and of the seating capacity in which customers are served is maintained. The owner, manager, or operator of a restaurant shall post "no smoking" signs in the designated no smoking sections.
(g)
Within any retail food sales establishments including grocery stores
and supermarkets, except those areas of such establishments set aside
for the serving of food and drink which shall be regulated as in paragraph
(f) above and areas thereof not open to the public.
(h)
In public areas such as reading rooms, museums and libraries, when
open to the public, provided, however, this prohibition does not prevent
the designation of a separate room for smoking purposes only.
(i)
Within retail stores doing business with the general public in areas
posted by the management as no smoking areas. This provision does
not affect the right of the management to designate the entire establishment
area as a no smoking area.
(j)
In service lines in which more than one person is waiting for or
receiving service of any kind.
(k)
Within school buildings when used for nonacademic activities.
(l)
Notwithstanding any other provisions of this article, any facility
or area may be designated in its entirety as a no smoking area by
the owner or manager thereof.
[Ord. No. 897.]
Whenever smoking is prohibited, pursuant to this article, conspicuous
signs shall be placed or posted so stating.
[Ord. No. 897.]
It shall be the responsibility of employers in the City of Oakdale
to provide smoke free areas for nonsmokers within existing facilities
to the maximum extent possible. Such employers are not required to
incur any expense to make structural or other physical modifications
in providing these areas.
[Ord. No. 897.]
Each such employer shall adopt, implement, and maintain a written
no smoking policy which shall contain at a minimum the following:
(a)
Prohibition of smoking in employer conference and meeting rooms,
classrooms, auditoriums, restrooms, medical facilities, hallways and
elevators.
(b)
Provision and maintenance of a contiguous no smoking area of not
less than fifty percent of the seating capacity and floor space in
cafeterias, lunchrooms, and employee lounges.
(c)
Any employee in the office work place should be given the right to
designate his or her immediate assigned work area as a no smoking
area and to post it with appropriate signs or sign.
(d)
In any dispute arising under the no smoking policy, the right to
not involuntarily smoke shall be given precedence.
(e)
Whenever smoking is prohibited, conspicuous signs shall be posted
by the employer so stating.
(f)
The smoking policy shall be communicated to all employees by the
employer within one month of its adoption and thereafter upon employment.
[Ord. No. 897.]
Every employer shall have the right to designate any work place
as a nonsmoking area.
[Ord. No. 897.]
An employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section provided that a policy which knowingly omits the minimum requirements of section 14-22 of this chapter shall not be deemed in compliance.
[Ord. No. 897.]
No person or employer shall discharge or in any manner retaliate
against any employee because such employee exercises any rights afforded
by this section.
[Ord. No. 897.]
Compliance with this article concerning adoption, implementation,
and maintenance of the no smoking policy is mandatory. However, enforcement
emphasis will be placed on voluntary employer compliance. Willful
failure to comply shall be unlawful. The city administrator shall
have primary authority to enforce this article and is directed to
make reasonable efforts to inform and seek cooperation with private
employers in the implementation of this article.
[Ord. No. 897.]
The fire department, community development department and all
other public officers of the City of Oakdale shall require, while
an establishment is undergoing otherwise mandated inspections, a self-certification
from the owner, manager, operator, or other person having control
of such establishment that all requirements of this chapter have been
complied with.
[Ord. No. 897.]
Notwithstanding any provision of this chapter to the contrary,
no regulation or prohibition of smoking is required in the following
areas:
(a)
Bars;
(b)
Private residences, except when used as a business in which more
than two people are employed;
(c)
Hotel and motel rooms rented to guests;
(d)
Retail tobacco stores;
(e)
Eating establishments, hotel and motel conference or meeting rooms,
and public and private assembly rooms while these places are being
used for private functions unless owner, operator, or other person
having control of such place prohibits smoking or smoking in such
places as otherwise prohibited by law;
(f)
A private completely enclosed work place occupied exclusively by
smokers even though such a work place may be visited by nonsmokers;
and
(g)
Semi-private rooms of health facilities occupied by one or more patients
all of whom are smokers who have requested in writing on the health
care facility's admission forms to be placed in a room where
smoking is permitted provided such health facility allows smoking
at said facility.
[Ord. No. 897.]
Any owner or manager of a business, or other establishments
subject to this article may make written application to the city administrator
for an exemption or modification to any provision of this article
due to unusual circumstances or conditions such as a showing of financial
impracticability.
[Ord. No. 897.]
If any owner or manager of a business or other establishment subject to this article is not satisfied by the decision of the city administrator pursuant to section 14-29 then said owner or manager may make written application to the city council for an exemption or modification to any provision of this article affecting such business due to unusual circumstances or conditions. The city council shall consider such application and make any exemptions or modifications to the requirements of this article as are in keeping with the purposes of this article and as are necessary and proper considering the unusual conditions or circumstances presented.
[Ord. No. 897.]
Signs which designate smoking or no smoking areas established
by this article shall be clearly, sufficiently, and conspicuously
posted in rooms, buildings, or other places so covered by this article
as reasonably deemed necessary by the department head, operator, manager,
or other person having control of such room, building, or other place.
Where possible, ashtrays, receptacles, or other devices used for extinguishing
or discarding smoking materials shall be removed from all nonsmoking
areas.
[Ord. No. 897.]
Any person who shall violate the provisions of this chapter
shall be guilty of an infraction, and, upon conviction, shall be punished
by a fine of not less than ten dollars nor more than one hundred dollars
per violation per day.
[Ord. No. 897.]
Enforcement of this article shall be by the city administrator.
[Ord. No. 897.]
Any person who desires to register a complaint under this article
may do so by filing it with the city administrator. Any person may
bring legal action to enforce any provision of this article after
notification to the city attorney.
[Ord. No. 897.]
If any provision of this article or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of this article which
can be given effect without the invalid provisions or applications,
and to this end the provisions of this article are severable.
