This chapter shall be known as the Moreno Valley smoking pollution control ordinance.
(Ord. 224 § 1.2, 1990)
The city council does find that:
A.
Numerous studies have found that tobacco smoke is a major contributor to indoor pollution.
B.
Reliable studies have shown that breathing secondhand smoke is a cause of disease, including lung cancer, in healthy nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
C.
Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm.
D.
Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment.
E.
Accordingly, the city council finds and declares that the purposes of this chapter are:
1.
To protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and
2.
To strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.
(Ord. 224 § 1.2, 1990)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
means an area which is devoted primarily 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.
means any sole proprietorship, 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 where or from which legal, medical, dental, engineering, architectural or other professional services are delivered.
means the city of Moreno Valley.
means the city manager or the person to whom the city manager has delegated the duty to enforce the provisions of this chapter.
means any enclosed area containing a counter or tables upon which meals are served.
means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
means any person, business partnership, nonprofit entity, or governmental entity which employs the services of 10 or more employees, not necessarily on one shift.
means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors and passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.
means any enclosed area used in the business and for the purpose of exhibiting motion pictures.
means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the 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 neither a business nor a nonprofit entity within the meaning of this section.
means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias, passageways and hallways.
means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a public place.
means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or other eating facility, organization, club, including veterans' club, boardinghouse or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees and includes kitchens in which food is prepared on the premises for serving elsewhere, and includes catering facilities; provided, however, that the term "restaurant" does not include a cocktail lounge or tavern if the cocktail lounge or tavern is a "bar" as defined in this section above.
means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental.
means 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.
means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.
means and includes sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public may assemble either to engage in physical exercise, participate in athletic competition or witness sports events.
(Ord. 224 § 1.2, 1990)
Smoking is prohibited in all enclosed areas owned or controlled by the city.
(Ord. 224 § 1.2, 1990)
A.
Smoking is and shall be prohibited in all public places within the city, including, but not limited to, the following:
1.
Elevators;
2.
Buses, taxicabs and other means of public transit under the authority of the city, and ticket, boarding, and waiting areas of public transit stations and depots; provided, however, that this prohibition does not prevent the establishment of a maximum of 50% of a given public transit waiting room as a smoking area;
3.
Restrooms;
4.
Service lines;
5.
Retail stores, except that areas therein which are not open to the public and all areas within retail tobacco stores are not subject to this chapter;
6.
All enclosed areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, professional and other offices, and banks, hotels, motels and other facilities for occupancy;
7.
Restaurants with a capacity of seating 50 or more people, provided, however, that this prohibition does not prevent:
a.
The designation of a contiguous area within a restaurant that contains a maximum of 50% of the seating capacity of the restaurant as a smoking area, or
b.
The providing of separate rooms for smokers and nonsmokers so long as the rooms designated for smoking do not contain more than 50% of seating capacity of the restaurant;
8.
Public enclosed areas of aquariums, galleries, libraries and museums; provided, however, that this prohibition does not prevent the designation of a separate room for smoking in such areas;
9.
Buildings not open to the sky which are primarily used for, or designed for the purpose of offering for exhibition motion pictures, stage plays, dramas, operas, lectures, musical recitals, or other similar presentations, except when smoking is a part of the presentation; provided, however, that this prohibition does not prevent the designation of a contiguous area containing a maximum of 50% of any enclosed area commonly called a lobby as a smoking area;
10.
Sports arenas and convention halls, except in designated smoking areas;
11.
Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision or any school district or special district of the state, during such time as a public meeting is in progress; provided, however, that this chapter shall not be applicable to areas which are under the control of the United States, the state of California, the county of Riverside, or any department or agency thereof;
12.
Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted;
13.
Polling places.
B.
Notwithstanding any other provision of this section, any owner, operator, entrepreneur, manager or other person who controls any enclosed area, business, establishment or facility described in this chapter may declare that entire area, business, establishment or facility as a nonsmoking area, business, establishment or facility.
(Ord. 224 § 1.2, 1990)
A.
It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within existing facilities to the extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
B.
Within 120 days of the effective date of the ordinance codified in this chapter, each employer having an enclosed 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.
Any employee in a place of employment shall have the right to designate his or her work as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer. If, due to the proximity of smokers, size of work area, poor ventilation or other factors, such designation does not reduce the effects of smoke to the satisfaction of the employee, the employer shall make additional accommodations by expanding the size of the work area subject to the prohibition against smoking or implementing other measures reasonably designed to eliminate the adverse effects of smoke on the employee.
2.
Smoking shall be prohibited in all common working areas in a place of employment, unless every person who works in that area agrees in writing that it shall be designated as a smoking area.
3.
Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, elevators, hallways, passageways, medical facilities and restrooms.
4.
Provision and maintenance of separate and contiguous nonsmoking areas of not less than 50% of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges or provision and maintenance of separate cafeterias, lunchrooms and employee lounges for nonsmokers, which shall be at least equal in size to any such facilities reserved for smoking.
5.
In any dispute arising under the smoking policy, the health concerns of the nonsmoker shall be given precedence.
C.
The smoking policy shall be communicated in writing to all affected employees within 30 days of its adoption.
D.
Each employer shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
E.
Notwithstanding any other provision of this chapter, every employer shall the right to designate an entire place of employment as a nonsmoking area.
(Ord. 224 § 1.2, 1990; Ord. 264 § 1.1, 1990)
A.
Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1.
Bars;
2.
Private residences, except when used as a child care, community care or health facility;
3.
Hotel and motel rooms in respect to guests of the hotel or motel;
4.
Retail tobacco stores;
5.
Restaurants, hotel and motel conference or meeting rooms and private assembly rooms while such places are being used for private functions;
6.
A private enclosed office workplace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers;
7.
A public place in a business in respect to which the owner of the business is the only employee and the public area so affected is posted as being a smoking area;
8.
Restaurants with a seating capacity of 50 or less people.
B.
Notwithstanding any other provision of this chapter, any owner, operator, manager, entrepreneur or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Ord. 224 § 1.2, 1990; Ord. 264 § 1.2, 1990)
A.
"Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager, entrepreneur or other person having control of such building or place.
B.
Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited in the auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for five seconds prior to the showing of each feature motion picture.
C.
Every restaurant in which smoking is permitted shall have posted at every entrance thereto a conspicuous sign clearly stating that a nonsmoking section is available, and every patron shall be asked whether he or she wishes to be served in a smoking or in a nonsmoking section.
(Ord. 224 § 1.2, 1990)
A.
The city manager or the designee of the city manager shall enforce the provisions of this chapter.
B.
Any citizen who desires to register a complaint under this chapter may do so with the city manager.
C.
The fire marshal or the city manager shall require, while an enclosed area is undergoing otherwise mandated inspections, a self certification from the owner, manager, entrepreneur, operator or other person having control of such enclosed area that all requirements of this chapter have been complied with or will be complied with by the time of occupancy or use of the area.
D.
Any owner, manager, entrepreneur, operator or employee of any enclosed area which is regulated by this chapter may inform persons violation this chapter or the appropriate provisions thereof.
E.
Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter; provided, however, that no provision of this chapter shall be construed to create a claim upon or a cause of action against the city.
(Ord. 224 § 1.2, 1990)
A.
It is unlawful for any person who owns, manages, operates or otherwise controls the use of any enclosed area which is subject to this chapter to fail to comply with any of its provisions. The owner, manager or operator of a restaurant shall not be deemed in violation of Section 6.08.080(C) if the host or hostess of the restaurant is other than the manager or owner thereof and the host or hostess fails to ask the seating preference of patrons, but shall be deemed in violation thereof if the restaurant has no stated policy requiring that patrons be asked their preference.
B.
It is unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
C.
Any person who violates any provision of this chapter shall be guilty of an infraction or a misdemeanor in accordance with the provision of Section 1.01.200 and, upon conviction of such violation shall be punished in accordance with the provisions of Section 1.01.230(A) and (B).
(Ord. 224 § 1.2, 1990)
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. This chapter does not apply to any enclosed area occupied by the state of California, the federal government of the county of Riverside as owner or as tenant.
(Ord. 224 § 1.2, 1990)
A.
Any owner, operator or manager of a business or other establishment subject to this article may apply to the city manager for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions. As used in this subsection, "unusual circumstances or conditions" includes, but is not limited to, financial impracticability.
B.
Such exemption shall be granted only if the city manager finds from the evidence presented by the applicant for exemption at a public hearing that it is financially impracticable for the applicant to comply with this chapter.
C.
The applicant for an exemption shall be required to pay a reasonable fee as established by resolution of the city council to cover the costs of the hearing.
(Ord. 224 § 1.2, 1990)
The city manager shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this chapter.
(Ord. 224 § 1.2, 1990)
This chapter shall not be interpreted or construed to permit smoking where it is otherwise prohibited by other applicable law.
(Ord. 224 § 1.2, 1990)