Note: Editor’s note—Chapter 20 of Title 5, codified from Ordinance No. 596, was amended in its entirety by Ordinance No. 694.
The City Council finds that the smoking of tobacco, or any other
weed, plant or substance is a positive danger to health and a material
annoyance, inconvenience, discomfort and a possible health hazard
to those who are present in confined and unconfined spaces, and in
order to serve the public health, safety and welfare, the declared
purpose of this chapter is to prohibit the smoking of tobacco or any
other weed, plant or substance in certain public places and places
of employment as stated and required in this chapter.
(Ord. No. 694 § 1; Ord. No. 1060, § 3, 2018)
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
means an area which is devoted to serving alcoholic beverages
and in which the service of food is only incidental to the consumption
of such beverages.
means any person who is employed by any employer for direct
or indirect monetary wages, profit, or any other form of consideration.
means any person, partnership, corporation, including municipal
corporation, or other entity which employs the services of three or
more persons.
means any building or room within a building closed in by
a roof and four walls with appropriate openings for ingress or egress.
means any theater engaged in the business of exhibiting motion
pictures.
means a place of entertainment open at night providing a
floor show and which may provide music and a space for dancing and
which serves alcoholic beverages and which may serve food incidental
to the entertainment and the consumption of such beverages.
means an indoor line or area in which persons await service
of any kind, regardless of whether or not such service involves the
exchange of money or other consideration. Such service shall include,
but is not limited to, sales, giving of information, directions, or
advice and transfers of money or goods.
means and includes any of the following: engaging in an act
that generates gases, particles or vapors released into the air as
a result of combustion, electrical ignition or vaporization, including
from a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted
cigarette, or an electronic or battery operated smoking device that
delivers vapors for inhalation, when the purpose of the combustion,
electrical ignition or vaporization is human inhalation of the gases,
particles or vapors. Smoking does not include the combustion of material
solely for olfactory purposes that does not contain any tobacco or
nicotine. Smoking shall include smoking from every variation and type
of electronic or battery operated smoking device that delivers vapors
for inhalation, whether they are manufactured, distributed, marketed
or sold as an electronic cigarette, an electronic cigar, an electronic
cigarillo, an electronic pipe, an electronic hookah or any other product
name or descriptor.
means any enclosed area of a structure or portion thereof
occupied by a business entity and frequented by employees during the
normal course of their employment and where clerical, professional,
or business services of the business entity are performed or where
other work is done at that location. Workplace includes, but is not
limited to, spaces in office buildings, medical office waiting rooms,
libraries, museums, hospitals, and nursing homes, employee lounges,
conference rooms and employee cafeterias. A private residence is not
a workplace.
(Ord. No. 694 § 1; Ord. No. 1061, § 3, 2018)
Smoking is prohibited within all areas of buildings owned or
operated under the control of the City.
(Ord. No. 694 § 1)
Smoking is prohibited within elevators in public or private
buildings generally used by and open to the public, including, but
not limited to, elevators in office, hotel and multifamily residential
buildings.
(Ord. No. 694 § 1)
(a)
In
public areas of health care facilities and hospitals, as defined in
Section 1250 of the California Health and Safety Code, including waiting
rooms, public hallways and lobbies, all smoking is prohibited, except
in specially designated smoking areas, which may be all or part of
a public area.
(b)
Every
public or private health care facility, including hospitals, shall
make a reasonable effort to determine preference and to assign patients
placed in different rooms occupied by two or more patient’s
individual nonsmoking or smoking preference.
(c)
In
rooms and areas occupied by two or more patients, smoking shall be
prohibited for hospital staff, visitors and the general public. Signs
shall be conspicuously posted in such areas.
(Ord. No. 694 § 1)
Smoking is prohibited and is unlawful in hearing rooms, conference
rooms, chambers, and places of public assembly in which public business
is conducted during times when the public business requires or provides
for direct participation or observation by the general public.
(Ord. No. 694 § 1)
Smoking is prohibited and is unlawful in all areas of every
publicly or privately owned auditorium or theater which is open to
the public for the primary purpose of exhibiting any stage production,
motion picture, or sporting event. Every owner and/or manager of such
auditorium or theater shall post signs conspicuously in the lobby
stating that smoking is prohibited within the auditorium or theater
and, in the case of motion picture theaters, such information shall
be shown upon the screen for at least five seconds before showing
feature motion pictures.
(Ord. No. 694 § 1)
(a)
Smoking
is prohibited and unlawful within the boundaries of all public parks
within the City.
(b)
Smoking
is prohibited and unlawful in all public restrooms within the City.
(Ord. No. 694 § 1; Ord. No. 1060, § 4, 2018)
Smoking is prohibited and is unlawful in indoor service lines
in public or private buildings in which more than one person is giving
or receiving services of any kind.
(Ord. No. 694 § 1)
Smoking is prohibited in restaurants and other eating establishments,
including reception areas, but excluding outdoor seating areas. Every
restaurant shall have posted at its entrance area a sign clearly stating
that smoking is not permitted.
(Ord. No. 694 § 1; Ord. No. 743 § 2)
Smoking is prohibited and unlawful in any retail food marketing establishments including grocery stores and supermarkets except: (1) those areas of such establishments set aside for offices, subject to the provisions of Section 5-20.12; and (2) areas thereof not open to the public.
(Ord. No. 694 § 1)
(a)
Within
90 days of the effective date of the ordinance codified in this chapter,
or within 90 days of first becoming an employer as defined in this
chapter for employees who are not in operation on the effective date
of this chapter, each employer shall adopt, implement, and maintain
a written smoking policy which shall contain at a minimum the following:
(1)
Prohibition of smoking in employer conference and meeting rooms,
classrooms, auditoriums, restrooms, medical facilities, hallways and
elevators.
(2)
Provisions and maintenance of a contiguous no smoking area of not
less than one-half of the seating capacity and floor space in cafeterias,
lunchrooms and employee lounges.
(3)
Any employee in the workplace shall be given the right to designate
his or her immediate work area as a nonsmoking area and to post it
with appropriate signs or sign. The policy adopted by the employer
shall include a definition of the term “immediate work area”
which gives preferential consideration to nonsmokers.
(b)
In
any dispute arising under the smoking policy, the rights of the nonsmoker
shall be given precedence.
(c)
The
smoking policy shall be communicated to all employees within 30 days
of its adoption.
(d)
Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating which signs shall conform to the provisions of Section 5-20.15 of this Code.
(f)
This
section is not intended to regulate smoking in the following places
and under the following conditions:
(1)
A private residence which may serve as a workplace;
(2)
Any property being operated by any governmental agency other than
the City of San Juan Capistrano;
(3)
An enclosed workplace occupied exclusively by smokers, even though
such a workplace may be visited by nonsmokers, excepting places in
which smoking is prohibited by the fire marshal or by other law, ordinance
or regulation;
(g)
It
is unlawful for an employer to fail or refuse to adopt, implement
and maintain a written smoking policy which conforms to all applicable
provisions of this section.
(Ord. No. 694 § 1)
Smoking is prohibited and is unlawful in buses, trams, and other
means of public transportation under the authority of the City.
(Ord. No. 694 § 1)
Smoking is prohibited and is unlawful within retail stores doing
business with the general public in areas posted by the management
to that effect except in areas not open to the public.
(Ord. No. 694 § 1)
Except where other signs are required, whenever in this chapter
smoking is prohibited, conspicuous signs shall be posted so stating,
containing all capital lettering not less than one inch in height
on a contrasting background and/or the international “No Smoking”
logo. It is the duty of the owner, operator, manager, or other persons
having control of such room, building, or other place where smoking
is prohibited, to post such signs or to cause such signs to be posted.
(Ord. No. 694 § 1)
(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)
Nothing
in this chapter shall require the owner, operator, or manager of any
theater, auditorium, health care facility, or any building, facility,
structure, or business to incur any expense to make structural or
other physical modifications to any area or workplace.
(c)
Nothing
in this section shall relieve any person from the duty to post signs
or adopt policies as required by this chapter.
(Ord. No. 694 § 1)
The no smoking regulations established by this chapter shall
be administered by the City Manager or designee.
(Ord. No. 694 § 1)
Any owner or manager of a business or other establishment subject
to this chapter may apply to the City Manager or designee for an exemption
or modification to any provisions of this chapter due to unusual circumstances
or conditions. The City Manager or designee shall conduct a hearing
at a mutually agreeable time to consider the request for exemption:
(a)
Such
exemption shall be granted only if the City Manager finds from the
evidence presented to the applicant for exemption at the hearing either
that:
(1)
The applicant cannot comply with the provisions of this chapter for
which an exemption is requested without incurring expenses for structural
or other physical modifications other than posting signs, to buildings
and structures;
(2)
Due to such unusual circumstances, the failure to comply with the
provision for which the exemption is requested will not result in
a danger to health or annoyance, inconvenience or discomfort.
(b)
The
applicant for an exemption shall pay a fee as set by City Council
resolution at the same time such application for exemption is filed
to cover cost of the hearing and noticing of the hearing. Notice of
the time and place of the hearing shall be mailed to the applicant
and published in a newspaper of general circulation within the City
of San Juan Capistrano not less than 10 days prior to said hearing.
(c)
Any
interested party may, within 14 days, file a written appeal of the
decision to the City Council. The City Council shall hold a hearing
on the appeal within 30 days after its receipt by the City, or at
a time thereafter agreed upon, and shall cause the appellant to be
given at least 10 days’ written notice of such hearing. The
determination of the Council on the appeal shall be final.
(Ord. No. 694 § 1)
(a)
It
is unlawful to wilfully mutilate or destroy any signs as required
by this Code.
(b)
Any person who violates any provision of this chapter by smoking in a posted “No Smoking” area or other area in which smoking is prohibited by any provision of this chapter, or by failing to post or cause to be posted a required “No Smoking” sign, or failure by an employer to regulate smoking in the workplace as required by Section 5-20.15, is guilty of an infraction and, upon conviction thereof, shall be punished by:
(Ord. No. 694 § 1)
A violation of any of the provisions of this Code shall constitute
a nuisance and may be abated by the City through civil process by
means of restraining order, preliminary or permanent injunction or
in any other manner provided by law for the abatement of such nuisance.
(Ord. No. 694 § 1)
The City Council of the City of San Juan Capistrano declares
that should any section, paragraph, sentence or word of the ordinance
codified in this chapter, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
(Ord. No. 694 § 1)
