The City Council of the City of Garden Grove 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 or where numerous persons are
employed in a manner equally protecting the rights of smokers and
nonsmokers.
(2157 § 1, 1990; 2803 § 1, 2011)
Words and phrases used in this chapter shall have the following
meanings, unless from the context, a different meaning is apparent:
means any person who performs a service under any appointment
or contract of hire or apprenticeship, express or implied, oral or
written, excepting persons excluded by California Labor Code Section
3352.
means any person, partnership, or corporation (including
private, nonprofit, and governmental) having not fewer than 10 persons
performing services and receiving compensation therefor.
means any building, structure, or portion thereof, under
the control of a private or public employer, where employees are present
to perform a service, and members of the public may come to be served.
means and includes inhaling, exhaling, burning, or carrying
any lighted smoking equipment for tobacco, or any other noxious weed
or plant.
(2157 § 1, 1990; 2803 § 1, 2011)
No person shall smoke in any elevator in any building open to
the public, including, but not restricted to, elevators in office,
hotel, and multi-family buildings.
(2157 § 1, 1990; 2803 § 1, 2011)
A.
No person
shall smoke in any area, except those designated and posted for such
purpose, of any hospital or health care facility, as defined in California
Health and Safety Code Section 1250.
B.
Every
publicly or privately owned hospital or 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 that has
been designated for patients who smoke.
(2157 § 1, 1990; 2803 § 1, 2011)
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.
(2157 § 1, 1990; 2803 § 1, 2011)
No person shall smoke inside any publicly or privately owned
theater, auditorium, or similar facility, designed and used for motion
picture shows, stage productions (including but not restricted to
musicals, concerts, recitals, operas), or 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 be displayed on
the screen for not less than five seconds before the beginning of
the feature film.
(2157 § 1, 1990; 2803 § 1, 2011)
No person shall smoke in any public restroom.
(2157 § 1, 1990; 2803 § 1, 2011)
Any person owning, managing, operating, or having control of
an eating establishment or restaurant that has an approved occupant
load of more than 50 persons shall provide and maintain a nonsmoking
section of not less than 25% of the enclosed area for seating patrons,
which is not part of a patio or outdoor eating area, or that portion
of the premises utilized 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 that may be reserved for private
functions.
(2157 § 1, 1990; 2803 § 1, 2011)
As evidence of good faith compliance, an employer with 10 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," that insofar as is 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 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 or she 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.
D.
An employer
shall not prohibit smoking throughout the place of employment if a
reasonable accommodation can be made within the enclosed structures
for "smoking" areas, using the same standards of reasonableness and
practicability applicable to establishing "nonsmoking areas."
(2157 § 1, 1990; 2803 § 1, 2011)
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.
(2157 § 1, 1990; 2803 § 1, 2011)
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
capital letters not less than one inch in height on a contrasting
background.
(2157 § 1, 1990; 2803 § 1, 2011)
A.
All
employers shall, to the extent possible, provide no smoking areas
for nonsmoking personnel and smoking areas for smokers, but shall
not be required to incur any expense to make alterations or modifications
to an existing structure.
B.
No owner,
operator, or manager of any theater, hospital, health care facility,
business, building, or structure shall be required to incur any expense
to alter or modify an existing area or workplace for the benefit of
nonsmokers or of smokers.
(2157 § 1, 1990; 2803 § 1, 2011)
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, or insofar as practicable, fail to comply
with the requirements of this chapter.
B.
It is
unlawful for any person willfully to destroy or mutilate any sign
that prohibits smoking.
C.
It is
unlawful for any person to smoke in any posted nonsmoking area.
(2157 § 1, 1990; 2803 § 1, 2011)
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 $50.00;
B.
For
the second offense, occurring 90 days after the first offense, a fine
not to exceed $100.00;
C.
For
the third offense, occurring 90 days after the second offense, a fine
not to exceed $100.00; and
D.
Thereafter,
a fine not to exceed $250.00 shall be paid each day, or portion thereof,
during which an offense occurs.
(2157 § 1, 1990; 2803 § 1, 2011)
Any continuing violation of the provisions of this chapter may
be declared a public nuisance hereunder, and the City Attorney may
proceed to abate the same by filing a civil action in a court of competent
jurisdiction.
(2157 § 1, 1990; 2803 § 1, 2011)
