The council of the city of Waterford hereby finds:
A. 
Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and
B. 
Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, those with cardiovascular disease, and those with impaired respiratory function, including asthmatics and those with obstructive airway disease; and
C. 
Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasa; and
D. 
The smoking of tobacco, or any other plant, is a proven danger to health.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
In this chapter, unless the context otherwise requires:
"Bar"
means an establishment or separate room which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
"Employee"
means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit.
"Employer"
means a person, partnership, corporation, including municipal corporation or public entity, who employs the services of more than three persons.
"Enclosed"
means closed in by roof and four walls with appropriate openings for ingress and egress.
"Place of employment"
means an 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 work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment.
"Restaurant"
means 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, boardinghouse, 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 the term "restaurant" shall not include a cocktail lounge or tavern if the cocktail lounge or tavern is a bar as defined in this section.
"Smoking"
means the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar, cigarette, or smoking material of any kind.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
Smoking shall be prohibited in the following places within the city:
A. 
Within public buildings in areas available to and customarily used by the general public.
B. 
Public areas of all buildings used for recreational purposes; provided, that this prohibition shall not apply when such an area is rented for a private, closed function.
C. 
Except as allowed by state law, waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospital clinics, physical therapy facilities and medical offices.
D. 
Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transit under the authority of the city.
E. 
Enclosed theaters, auditoriums, and halls which are used for motion pictures, stage dramas, and musical performances, ballets or other exhibitions, except when smoking is part of any such production.
F. 
Except as allowed by state law, retail food marketing establishments, including grocery stores and supermarkets.
G. 
Public schools and other public facilities under the control of another public agency, which are available to and are customarily used by the general public, to the extent that the same are subject to the jurisdiction of the city.
H. 
Retail stores, except areas in said stores not open to the public.
I. 
Areas available to and customarily used by the general public in all businesses and nonprofit establishments patronized by the public including but not limited to offices, banks, hotels and motels.
J. 
Within a restaurant.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
Notwithstanding any other provisions of this section, an owner, operator, manager or other person who controls an establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
A. 
It is the responsibility of an employer to provide smoke free areas for nonsmokers within existing facilities to the maximum extent possible, but an employer is not required to incur any expense to make structural or other physical modifications in providing these areas.
B. 
Within ninety days of the effective date of this chapter, each employer and each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements:
1. 
Prohibition of smoking in conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways, and elevators.
2. 
An employee in a place of employment may designate his or her immediate work area as a non-smoking area and post that area with an appropriate sign or signs, to be provided by the employer. The policy adopted by the employer shall include a reasonable definition of the term "immediate work area."
3. 
In any dispute arising under a smoking policy, the rights of the nonsmoker shall be given precedence.
4. 
Provision and maintenance of a separate and contiguous nonsmoking area of not less than 50% of the seating capacity and floor space in cafeterias, lunchrooms, and employee lounges.
C. 
The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.
D. 
Notwithstanding the provisions of subsection A of this section, an employer may designate any place of employment, or portion thereof, as a nonsmoking area.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
Notwithstanding any other provisions of this chapter to the contrary, the following areas are not subject to the smoking restrictions of this chapter:
A. 
A private residence.
B. 
A bar, as defined in Section 8.24.020(A).
C. 
A hotel or motel room rented to guests.
D. 
A retail store that deals exclusively in the sale of tobacco and smoking paraphernalia.
E. 
A restaurant, hotel or motel conference or meeting room, and public and private assembly room while these places are being used for private functions.
F. 
A private residence which may serve as a place of employment.
G. 
A private enclosed place occupied exclusively by smokers even though such a place may be visited by nonsmokers, and a private enclosed office (excepting places in which smoking is prohibited by the fire department or by any other law, ordinance or regulation) unless designated as a nonsmoking area by the occupant or the employer.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
"No smoking" signs, with letters of not less than one inch in height, or in the international "no smoking" symbol shall be clearly and conspicuously posted in every building or other place where smoking is prohibited by this chapter.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
A. 
Enforcement of this chapter shall be implemented by the county health officer or the chief of police or designee.
B. 
Anyone who desires to register a complaint hereunder may initiate enforcement with the county health officer or the chief of police or designee.
C. 
Any owner, manager, operator or employee of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions hereof.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
A. 
It is unlawful for a person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to properly post signs required hereunder; provide signs for the use of employees in designating their areas; properly set aside "No Smoking" areas; adopt a smoking restriction policy; or comply with any other requirement of this chapter.
B. 
It is unlawful for any person to smoke in an area restricted by the provisions of this chapter.
C. 
A person or business who violates this chapter is guilty of an infraction punishable by:
1. 
A written warning for the first violation.
2. 
A fine, not exceeding one hundred dollars, for second violation.
3. 
A fine, not exceeding two hundred dollars, for a third violation of this chapter within one year.
4. 
A fine, not exceeding five hundred dollars, for each additional violation of this chapter within one year.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
No person or employer may discharge, refuse to hire, or in any manner retaliate against an employee or applicant for employment because the employee or applicant exercises any rights afforded by this chapter.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 91-04 §1(part), 1991; Ord. 93-07 §1, 1993)