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:
"Employee"
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.
"Employer"
means any person, partnership, or corporation (including private, nonprofit, and governmental) having not fewer than 10 persons performing services and receiving compensation therefor.
"Places of employment"
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.
"Smoking"
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)
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)