A. 
The City Council of the City of Live Oak finds that:
1. 
Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and
2. 
Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory infection, including asthmatics and those with obstructive airway disease; and
3. 
Health hazards induced by breathing side stream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, bronchoconstriction, bronchospasm and decreased exercise tolerance; and
4. 
Nonsmokers with allergies, respiratory disease and those who suffer other ill effects of breathing side-stream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and
5. 
The smoking of tobacco, or any other weed or plant, is a proven danger to health.
B. 
Accordingly, it has been determined that the health, safety and general welfare of the residents of, persons employed in, and persons who frequent this City, would be benefited by the regulation of smoking in enclosed places, including places of employment.
(Ord. 300 § 1, 1986)
The following words and phrases, whenever used in this chapter, shall be construed as here after set out, unless it shall be apparent from the context that they have a different meaning:
"Bar" or "tavern"
means an area 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 any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
"Employer"
means any person, partnership, or corporation (including municipal corporation), who employs the services of another person.
"Enclosed"
means closed in by roof and floor to ceiling walls with appropriate openings for ingress and egress.
"Indoor service lines"
means any indoor line at which one or more persons are waiting for or receiving service of any kind whether or not such service includes the exchange of money.
"Place of employment"
means any 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 and hallways. A private residence is not a place of employment, unless the residence is used as a child care or a health care facility.
"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 or cigarette of any kind.
(Ord. 300 § 2, 1986)
Smoking shall be prohibited in the following places within the City of Live Oak:
A. 
All enclosed areas available to and customarily used by the general public, and all businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies, banks, and other business offices;
B. 
Within all restaurants having an occupied capacity of 50 or more persons; provided, however, that this prohibition does not prevent: (1) the designating of a contiguous area within the restaurant that contains no more than 50% of the seating capacity of the restaurant as a smoking area, or (2) the providing of separate rooms designated as smoking rooms, as long as the rooms do not contain more than 50% of the seating capacity of the restaurant;
C. 
Waiting rooms, hallways, wards, and semi private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and other health care provider offices, except that health facilities shall also be subject to the provisions of Section 8.20.050 of this chapter regulating smoking in places of employment;
D. 
Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transit under the authority of the City, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent: (1) the establishment of separate waiting areas for smokers and non smokers, or (2) the establishment of at least 50% of a given waiting area as a nonsmoking area;
E. 
In public areas of museums, galleries;
F. 
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;
G. 
Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments set aside for the serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by this chapter;
H. 
Public schools and other public facilities under the control of another public agency, which are available to and customarily used by the general public, to the extent that the same are subject to the jurisdiction of the City;
I. 
It is unlawful for any person to use any tobacco product in all City parks and within 50 feet of any public entrance into any City owned or leased facility. "Tobacco product" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. Furthermore, smoking of any substance is prohibited in all City parks and within 50 feet of any public entrance into any City owned or leased facility;
J. 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Ord. 300 § 4, 1986; Ord. 537 § 1, 2011)
A. 
It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
B. 
Within 90 days of the effective date of the ordinance codified in 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, rest rooms, medical facilities, hallways and elevators;
2. 
Any employee in a place of employment shall be given the right to designate his or her immediate work area as a nonsmoking area and to post the same 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 this 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;
5. 
The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.
C. 
Notwithstanding the provisions of subsection A of this section, every employer shall have the right to designate any place of employment, or portion thereof, as a nonsmoking area.
(Ord. 300 § 5, 1986)
Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
A. 
Private residences;
B. 
Bars or taverns;
C. 
Hotel and motel rooms rented to guests;
D. 
Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;
E. 
Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms 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 private enclosed offices, excepting places in which smoking is prohibited by the Fire Department or by any other law, ordinance or regulation;
H. 
Private residences, unless the residence is used as a child care or health care facility.
(Ord. 300 § 6, 1986)
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 controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place.
B. 
Every restaurant regulated by this chapter will have posted at its entrance a sign clearly stating that a nonsmoking section is available.
(Ord. 300 § 7, 1986)
A. 
Enforcement shall be implemented by the Sutter County Health Department or its designees.
B. 
Any citizen who desires to register a complaint hereunder may initiate enforcement with the Sutter County Health Department or its designees.
C. 
Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions hereof.
(Ord. 300 § 8, 1986)
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.
(Ord. 300 § 10, 1986)
A. 
It is unlawful for any 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; fail to provide signs for the use of employees in designating their areas; fail to properly set aside no-smoking areas; fail to adopt a smoking restriction policy; or fail to comply with any other requirements of this chapter.
B. 
It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. 
Any person/business who violates subsection A or B of this section or any other provisions of this chapter shall be guilty of an infraction, punishable by:
1. 
A fine, not exceeding $100.00, for a first violation;
2. 
A fine, not exceeding $200.00, for a second violation of this chapter within one year;
3. 
A fine, not exceeding $500.00, for each additional violation of this chapter within one year.
(Ord. 300 § 9, 1986)