[Ord. No. 2287,
Add, 1-23-2001; Ord. No.
2890, Amended, 3-17-2022]
For the purpose of this article,
the following definitions shall apply unless the context requires
a different meaning:
Any person who is employed by any employer in consideration
for direct or indirect monetary wages or profit, and any person who
volunteers their services to a non-profit entity.
Any person or entity who employs the services of one or more
individuals.
All space between a floor and a ceiling that is enclosed
on all sides by solid walls or windows (exclusive of door or passageways)
that extend from the floor to the ceiling, including all space therein
screened by partitions that do not extend to the ceiling or are not
solid, such as "office landscaping" or similar structures. Enclosed
areas do not include breakrooms designated for smoking (smoking room)
by employers if the following conditions are met:
The smoking room is not accessible
to minors.
Air from the smoking room is exhausted
directly to the outside by an exhaust fan and not recirculated to
other parts of the building.
The smoking room is in compliance
with ventilation standards established by resolution of the City Council.
The smoking room is located in a
non-work area where no one, as part of their work responsibilities,
is required to enter. For purposes of this subsection, "work responsibilities"
does not include custodial or maintenance work carried out in the
smoking room when it is unoccupied.
There are sufficient nonsmoking breakrooms
to accommodate nonsmokers.
Any enclosed area under the control of a public or private
employer that employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and rest
rooms, conference and class rooms, cafeterias and hallways. A private
residence is not a "place of employment" unless it is used as a childcare
facility as defined in ORS 657A.250, an adult day care facility as
defined in ORS 410.490 or a health care facility as defined in ORS
442.015.
A retail store utilized primarily for the sale of tobacco
products and accessories and where the sale of other products is secondary.
Any inhaling, exhaling, burning, or carrying any lighted
cigar, cigarette, weed, plant, other tobacco product, or tobacco-like
product or substances, in any manner or in any form.
Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco
or any other form of tobacco which may be utilized for smoking, inhalation,
or other means of ingestion.
[Ord. No. 2287,
Add, 1-23-2001]
[Ord. No. 2287,
Add, 1-23-2001]
Notwithstanding any other provision
of this section to the contrary, the following areas shall not be
subject to any smoking restrictions contained within this subchapter:
2.
Rented motel or hotel rooms that are designated
in some manner as smoking-allowed rooms by the owners of the establishment
renting the rooms.
3.
Private rooms rented for an occupancy that
exceeds one month and that are not located in a private residence
used as a childcare, adult day care or health facility.
4.
Any facility or facility area licensed
by the Oregon Liquor Control Commission to serve alcohol by the drink
for consumption on the premises that is posted to prohibit the presence
of minors. For facilities or areas with postings that allow the presence
of minors at specified times, smoking may occur only during those
times when minors are prohibited. This subsection shall not apply
to the bar portion of bar and restaurant combinations unless the bar
is separated from the restaurant by solid floor to ceiling walls with
solid doors hung in doorways and has a functioning ventilation system
that does not permit tobacco smoke to enter the restaurant section.
5.
Retail tobacco stores.
[Ord. No. 2287,
Add, 1-23-2001]
"No smoking" signs or the international
"no smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a circle with a bar across the cigarette)
shall be clearly, sufficiently, and conspicuously posted in every
building or other area where smoking is prohibited by this article,
by the owner, manager, or other person having control of such building
or other area, including private residences used as a child care,
adult day care or health care facility.
[Ord. No. 2287,
Add, 1-23-2001]
1.
It shall be a civil violation for every
day any employer, or any person who owns, manages, operates or otherwise
controls the use of any premises subject to regulation under this
article, fails to comply with any provisions therein. Each day shall
be a separate violation.
2.
It shall be a civil violation for any person
to smoke in any area where smoking is prohibited by the provisions
of this article.
[Ord. No. 2287,
Add, 1-23-2001]
This article shall not be interpreted
or construed to permit smoking where it is otherwise restricted by
other applicable laws.
[Ord. No. 2287,
Add, 1-23-2001]
Any person who violates this article
shall be subject to the following penalties:
1.
For a first violation, city staff shall
provide the violator with a notice and warning, together with educational
materials and a referral phone number for the Clackamas County Health
Division Tobacco Program.
2.
For a second violation within a 12-month
period, a fine of $50 shall be imposed. However, the fine shall be
suspended provided that the violator cooperates with the following
remedial activities:
a.
If the violator is an employer, the
violator and city staff, with the assistance of the Clackamas County
Tobacco Program if available, shall jointly develop a smoke-free workplace
remediation plan.
b.
If the violator is a person other
than the employer, city staff, with the assistance of Clackamas County
Tobacco Program if available, shall provide additional services and
referral information designed to achieve compliance by that person.
3.
For a third violation within a 12-month
period, a fine of $100 shall be imposed.
4.
For a fourth violation within a 12-month
period, a fine of $250 shall be imposed.
5.
For a fifth violation within a 12-month
period, a fine of $500 shall be imposed.
