[HISTORY: Adopted as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the County Council of Allegheny County 9-26-2006 by Ord. No.
23-06[1]]
[1]
Editor's Note: The findings of the Council
included in this ordinance are on file in the County offices, as amended
10-24-2006 by Ord. No. 34-06.
For the purposes of this article, the following
definitions shall apply:
An area in any building intended for the common use of residents,
the public or invited guests.
Any food or beverage establishment whose on-site sales of
food for consumption on the premises comprises no more than 10% of
gross sales of both food, nonalcoholic beverages and alcoholic beverages
on an annual basis and having fewer than 10 employees. For the purposes
of this section, any individual receiving compensation of any type
from the food or beverage establishment for work performed, regardless
of full- or part-time status, salary or hourly pay rate, benefit status,
or any other employment shall be deemed to be an employee of that
establishment.
[Added 10-24-2006 by Ord. No. 30-06]
All space between a floor and ceiling which is enclosed on
all sides by solid walls or windows (exclusive of doors or passageways)
which extend from the floor to the ceiling.
Any enclosed area, stationary or mobile, permanent or temporary,
where food is prepared, handled, served, sold or provided to any consumer,
whether for consumption on or off of the premises, including lodging
establishments, sports or recreational facilities, or theater or performance
establishments. Any individual who owns, operates, manages or otherwise
controls any of the businesses described in this definition shall
be cited as a "food facility" for the purposes of this article.
Any restaurant, bar, coffee shop, cafeteria, sandwich stand,
diner, fast-food establishment, cafeteria, banquet hall, catering
facility, food court, or any other eating or drinking establishment
which gives or offers for sale food or drink to the public, guests,
or employees whether for consumption on or off the premises, and including
any such eating or drinking establishment located in a lodging establishment,
sports or recreational facility, or theater or performance establishment.
Any hotel, motel, inn, resort, guest house, bed-and-breakfast
establishment, or other building which holds itself out by any means,
including advertising, license, registration with an innkeepers' group
convention listing association, travel publication or similar association
or with a government agency, as being available to provide overnight
lodging or use of facility space, such as space for food and beverage
service or meeting rooms, for consideration to persons seeking temporary
accommodation.
An enclosed means of ingress and egress to any regulated
area, used by employees, residents, guests, contractors or the public,
up to and including 15 feet in any direction from the outermost point
of public contact with such area.
Any area where smoking is prohibited under this article.
Inhaling, exhaling, burning or carrying any lighted cigarette,
cigar, pipe or other such device which contains tobacco or other smoke-producing
products.
An establishment whose on-site sales or rentals of tobacco,
tobacco-related products and accessories for consumption or use on
or off the premises comprises 85% or more of gross sales on an annual
basis, or on such other basis as the Health Department shall provide
with respect to such establishments that have been open for less than
one full year, and including any tobacco cigar bar operated in conjunction
with such establishment. If the establishment is adjoined to or shares
a common access that is a regulated area under this article with any
business that is not a specialty tobacco establishment, a Health Department
approved negative air pressure ventilation system that is entirely
separate from any ventilation system used in relation to any other
regulated area shall be required for classification as a specialty
tobacco establishment. For purposes of computing gross sales data,
sales from vending machines shall not be included. For the purposes
of this section, a ventilation system shall only be deemed to be approved
by the Health Department upon written approval of the system by the
Health Department to the owner of the establishment, the holder of
the establishment's business license, or the individual in control
of the premises.
Any enclosed or unenclosed stadium, pavilion, gymnasium,
health club, spa, swimming pool, roller or ice rink, bowling alley,
boxing arena, billiard parlor, pool hall or other similar place where
members of the general public assemble either to engage in physical
exercise, participate in recreational activities or athletic competition,
or witness sports or other events.
Any enclosed or unenclosed facility primarily used for the
exhibition of any motion picture, concert, stage drama, musical recital,
dance, lecture or other similar performance.
Any device or configuration designed to facilitate the inhalation
of tobacco or other plant material smoke, including factory or hand-rolled
cigarettes or cigars, hookahs, and pipes.
Organizations for charitable, civic, fraternal, social, and
religious purposes, including but not limited to volunteer fire departments
and veterans groups for which events are held that only utilize non-paid
volunteers.
[Added 10-24-2006 by Ord. No. 31-06]
Any enclosed area under the control of a public or private
employer where one or more employees are routinely assigned and normally
frequent during the course of employment, including, but not limited
to, work areas, employee lounges and restrooms, conference rooms,
meeting rooms, classrooms, employee cafeterias and hallways. A private
residence is not a workplace unless it is used as a child-care, adult
day-care or health-care facility.
A.
No person shall smoke or possess a lit tobacco-smoke-producing instrument in any of the following locations, except as provided in § 880-2B of this article:
(1)
In any enclosed area to which the general public is
invited or in which the general public is routinely permitted, including,
but not limited to:
(a)
Elevators, restrooms, lobbies, reception areas,
passageways and other common-use areas;
(b)
Retail or wholesale stores;
(c)
Service establishments, office buildings, banks
or financial institutions;
(d)
Food or beverage establishments;
(e)
Galleries, libraries and museums;
(f)
Any school or educational or vocational facility;
(g)
Any licensed gaming facility;
(h)
Any County-owned or -leased building or facility;
(i)
Any enclosed place at which a public meeting
is held by any public agency, during such time as a public meeting
is in progress;
(j)
Any health-care facility, including, but not
limited to, hospitals, clinics, physical therapy facilities, and doctors'
offices, and including any private residence used as a health-care
facility during those hours it is used as such, and patient transport
vehicles owned or leased by the facility;
(k)
Any child-care or adult day-care facility, including
any private residence used as a child-care or adult day-care facility
during those hours it is used as such. In addition, no person shall
smoke in a vehicle when such vehicle is being used for the public
transportation of children or adults as part of day-care transportation;
(l)
Lobbies, hallways, and other common areas in
apartment buildings, in condominiums and other multiple-unit residential
facilities, or in retirement facilities and nursing homes; and
(m)
Lobbies, hallways, and other common areas in
lodging establishments and in no less than 75% of the sleeping quarters
within a lodging establishment that are available for rent to guests.
(2)
In any sports or recreational facility.
(3)
In any theater or performance establishment.
(4)
In any workplace.
(5)
In any place where "No Smoking" signs are posted by
order of any individual or agency authorized by law to do so.
(6)
Outdoors within five feet of any entrance or in any
location that blocks any entrance to any enclosed area in which smoking
is prohibited under the terms of this section.
[Amended 11-21-2006 by Ord. No. 36-06]
(7)
In any vehicle of public transportation or any fare-paid
area of a Port Authority of Allegheny County facility.
(8)
In any food facility, as defined in this article.
(9)
Within 15 feet of any entrance to any health-care facility, as described in § 880-2A(1)(j) of this article.
[Amended 10-24-2006 by Ord. No. 32-06]
B.
Exceptions. The provisions § 880-2A shall not apply:
(1)
In a specialty tobacco establishment, as defined by
this article; provided that such specialty tobacco establishment is
in legal operation and has a valid business privilege license.
(2)
In designated sleeping quarters within a lodging establishment
that are available for rent to guests accounting for no more than
25% of the total number of lodging units within any single lodging
establishment, as defined by this article.
(3)
In private residences, except when used as a child
care, adult day-care, or health-care facility, or when operated as
a business or other entity which would otherwise fall within the restrictions
of this article.
(4)
In drinking establishments opened prior to September
26, 2006, provided that:
[Added 10-24-2006 by Ord. No. 30-06]
(a)
The exception provided under the terms of this
subsection shall not be available to any drinking establishment during
any time at which individuals under the age of 18 years are present
within such establishment.
(b)
The drinking establishment submits a written
waiver application to the Allegheny County Health Department and forwards
a copy of the application to the municipal police department(s) with
jurisdiction over the location in which the drinking establishment
is located. Such application, at a minimum, shall include:
[1]
The name of the drinking establishment;
[2]
An address and telephone number for the owner(s)
of the drinking establishment;
[3]
The date upon which the drinking establishment
was opened, together with copies of the drinking establishment's two
most recent annual federal income tax returns;
[4]
A general description of the business conducted
at the Drinking Establishment, together with any other documentation
that the Department shall deem necessary to demonstrating the Drinking
Establishment's annual sales and percentage thereof derived from food,
non-alcoholic beverages, and alcoholic beverages; and
(c)
The drinking establishment receives a written
waiver from the Health Department, as follows:
[1]
The Department may require that applications
include any information deemed pertinent to the identification of
the entity applying for a waiver under the terms of this subsection.
The Department may also designate the form of the application and
establish written application guidelines. The Department shall issue
a written approval or denial of all applications and shall develop
a system, policies and procedures for tracking the issuance of all
approvals or denials.
[2]
The Department may disapprove an application
only if it finds that an applicant does not meet one or more of the
requirements of this subsection. The Department shall provide written
notices of all denials that include the specific reason(s) for which
any application was not approved.
(d)
The drinking establishment displays the relevant
waiver in a prominent location within the establishment at all times,
and provides a copy to the municipal police department(s) with jurisdiction
over the drinking establishment.
(e)
Waivers granted under this subsection shall
automatically expire if the drinking establishment to which they apply
is moved or sold, or if any alteration is made to the establishment's
liquor license or incorporation status.
(f)
All waivers granted under this subsection shall
automatically expire on January 1, 2009.
(5)
In volunteer organizations. This exception shall not
apply to any event conducted by an entity that otherwise meets the
definition of a "volunteer organization" under the terms of this article
if any person under the age of 18 years is permitted access to that
event, whether as staff, guest, or in any other capacity.[1]
[Added 10-24-2006 by Ord. No. 31-06]
[1]
Editor's Note: Former § 880-2.1,
Waiver for certain fund-raising activities, which followed this section,
was repealed 10-24-2006 by Ord. No. 31-06.
A.
No later than the effective date of this article, all employers with a workplace that is subject to the provisions of § 880-2A within the County shall adopt, implement, make known and maintain a written policy that prohibits smoking within any area of the workplace subject to the provisions of this article. This requirement shall not apply to any workplace covered by a collective bargaining agreement or similar binding agreement between labor and management that includes provisions regarding smoking in the workplace, so long as such agreement is executed and in force on the effective date of this article.
B.
An employer's written smoke-free policy shall be communicated
to all employees within 30 days after its adoption, and an employer
shall provide a copy of the written policy upon request to any employee
or prospective employee.
A.
The owner, operator, manager, employer or other person
in control or lessor of every place where smoking is regulated by
this article shall not be cited for any violations of this article
if the following actions are taken:
(1)
Post "No Smoking" signs and other signs relating to
smoking on the premises, including all entranceways, as follows:
(a)
Such signs shall be no less than six inches
high, with lettering no less than four inches high. A symbol consisting
of a circle with a lit cigarette and a line diagonally through its
center will be deemed to satisfy this requirement, so long as the
sign is at least six inches in height and the symbol is at least four
inches in height.
(b)
Signs posted at entry and exit doors shall include
the language "No Smoking within 15 feet of this sign."
(2)
Take reasonable measures to see to it that no person
smokes in such place in violation of this article, which, at a minimum,
must include all of the following which apply in the regulated area
at issue:
(a)
Removing all ashtrays from regulated areas;
(b)
Informing any individual smoking in a regulated
area that smoking is prohibited by law in that area and requesting
that the individual(s) immediately stop smoking or leave the regulated
area; and
(c)
Providing written notice to lessees of the asserted
violation of this article and the potential penalties for such violation
in every instance in which complaints are received about smoking in
regulated areas within two business days of receipt of the complaint.
A.
This article shall be enforced by the Allegheny County
Health Department and by any municipality's law enforcement agency,
once such agency is designated for enforcement of this article by
the Health Department. Citizen complaints regarding unlawful smoking
in regulated areas shall be received on the Allegheny County Health
Department's complaint system telephone line. The Department shall
record and retain complaint information, and local law enforcement
agencies shall transmit reports of all enforcement actions to the
Department for the purpose of identifying repeat offenders and calculating
fines or imposing other penalties under the terms of this article.
B.
For the first 180 days in which this article is effective, all individuals and owners, individuals in control of, or business license holders for businesses or other establishments subject to the provisions of this article shall receive a warning for their first violation of the terms of this article and a fine of $250 for subsequent violations. After the first 180 days in which this article is effective, all individuals and owners, individuals in control of, or business license holders for businesses or other establishments subject to the provisions of this article shall be fined the sum of $250 for each violation of the terms of this article, subject to the limitations contained within § 880-4.
C.
Upon a third violation by a business or other establishment,
the Health Department may also suspend any licenses or other permits
that the business or other establishment has been granted by the Department
for a period not to exceed 180 days, pending a review of the procedures
implemented by the business, the creation of a corrective action plan
by the business, and approval of the corrective action plan by the
Department. For the purposes of this subsection, each lighted cigarette,
cigar, pipe or other such device which contains tobacco or other smoke-producing
products ignited or carried shall constitute a single violation.
D.
Nothing in this article shall be construed to create
any private right of action for enforcement of its provisions or to
authorize any person to file suit to recover damages or seek equitable
relief for any violation of the terms of this section.
A.
No person or employer shall discharge, refuse to hire,
or in any manner retaliate against an employee, applicant for employment,
or customer because that employee, applicant or customer exercises
any rights afforded by this article or reports or attempts to otherwise
prosecute a violation of this article.
B.
No person, employer or other entity shall in any manner
retaliate against any individual who performs work on a voluntary
basis because that individual exercises a right afforded by this article
or reports or attempts to otherwise prosecute a violation of this
article.
C.
Any employee or volunteer who performs work in a setting
where an employer allows smoking does not, in so doing, waive or otherwise
surrender any legal rights the employee may have against the employer
or any other party.
[Added 10-24-2006 by Ord. No. 33-06]
No sooner than 18 months nor later than two
years after the effective date of this article, a review and analysis
shall be conducted to determine the economic and health impacts of
this article.
[Adopted by the Board of Health 11-2-2016, ratified by the County Council 3-7-2017 by Ord. No. 07-17]
A.
DEPARTMENT
DIRECTOR
E-CIGARETTE
ENCLOSED AREA
PUBLIC PLACE
(1)
(2)
(3)
(4)
(5)
SPECIALTY E-CIGARETTE ESTABLISHMENT
For the purposes of this article, the following definitions shall
apply:
The Allegheny County Health Department.
The Director of the Allegheny County Health Department or
the Director's authorized representative.
Any electronic oral device, such as one composed of a heating
element, battery or electronic circuit, which provides a vapor of
nicotine or any other substances and the use or inhalation of which
simulates smoking. The term shall include any such device, whether
manufactured, distributed, marketed or sold as an e-cigarette, e-cigar
or e-pipe or under any other product name or descriptor.
All space between a floor and a ceiling that is bounded on
at least two sides by walls, doorways or windows, either open or closed.
A wall includes any retractable divider, garage door or other physical
barrier, whether temporary or permanent and whether or not containing
openings of any kinds.
An enclosed area which serves as a workplace, commercial
establishment or an area where the public is invited or permitted.
The term includes:
A facility which provides education, food or health-care-related
services.
A vehicle used for mass transportation. This paragraph includes
a train, subway, bus, including a chartered bus, plane, taxicab and
limousine.
A train station, subway station or bus station.
A public facility. This definition includes a facility to which
the public is invited or in which the public is permitted and a private
home which provides child-care or adult day-care services.
A sports or recreational facility, theater or performance establishment.
A business establishment whose sales of e-cigarettes and
e-cigarette-related products comprise at least 50% of the gross annual
sales. E-cigarette-related products include atomizers, cartomizers,
clearomizers, vaporizers, batteries, replacement cartridges, coils,
e-liquids, tank systems, flavors, and programmable software.
B.
The terms "cigar bar," "drinking establishment," "full-service truck
stop," "gaming floor," "night club," "private club," "public meeting,"
"tobacco shop," "volunteer ambulance service," "volunteer fire company,"
"volunteer rescue company," and "workplace" shall be as defined in
Section 2 of the Act of June 13, 2008 (P.L. 182, No. 27), known as
the Clean Indoor Air Act.[1]
[1]
Editor's Note: See 35 P.S. § 637.1 et seq.
A.
General rule. Except as set forth under Subsection B of this section, no person shall use an e-cigarette in a public place. The use of an e-cigarette includes consuming, inhaling or exhaling an e-cigarette. Nothing in this article shall preclude the owner of a public or private property from prohibiting the use of e-cigarettes on the property.
B.
Exceptions. Subsection A of this section shall not apply to any of the following:
(1)
Any public place that qualifies for an exception under Section 3
of the Act of June 13, 2008 (P.L. 182, No. 27), known as the Clean
Indoor Air Act.
(2)
A specialty e-cigarette establishment that satisfies all of the following
requirements:
(a)
Vapors from the specialty e-cigarette establishment do not migrate
into an enclosed area where e-cigarette use is prohibited under this
article.
(b)
The specialty e-cigarette establishment does not sell or serve
food for consumption on the premises by customers.
(c)
The specialty e-cigarette establishment does not allow individuals
under 18 years of age to enter the premises.
A.
Enforcement.
(1)
This article shall be enforced by the Department or any other person
authorized by the Director to enforce this article. Citizen complaints
regarding unlawful use of e-cigarettes in regulated areas shall be
received through either the Department's complaint system telephone
line or the Department's website.
(2)
Any city, borough, or township in Allegheny County may enforce the
provisions of this article and the standards adopted by the Department
so far as such enforcement does not interfere with enforcement and
administration by the Department.
B.
Violations. It is a violation of this article to do any of the following:
C.
Affirmative defense.
(1)
The owner, operator, or manager of a public place where e-cigarette use is regulated by this article shall not be cited for violations of Subsection A or B of this section if the following actions are taken:
(2)
The owner, operator, or manager of a specialty e-cigarette establishment shall not be cited for a violation of Subsection B(3) if the following actions are taken:
(a)
The specialty e-cigarette establishment prominently posts signs
prohibiting individuals under 18 years of age from entering; and
(b)
Upon learning that an individual under 18 years of age has entered
the premises, the specialty e-cigarette establishment requests that
the individual(s) immediately leave the premises.
D.
Penalties.
(1)
(3)
Separate offenses. For the purpose of this section, violations on
separate days shall be considered separate offenses. Each violation
of any separate subsection or section of this article shall constitute
a separate offense.
(4)
A specialty e-cigarette establishment that violates any provision
of this article shall produce, at the request of the Department, verifiable
documentation to support its qualification as a specialty e-cigarette
establishment. The supporting documentation may include the establishment's
books, accounts, revenues or receipts, including those reported to
the Department of Revenue for sales tax purposes.
