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Home My WebLink About384 - OrdinancesORDINANCE NO. 384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAN CliO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.21 TO TIILE 8 OF THE RANCliO CUCAF~NGA MUNICIPAL CODE REGULATING SMOKING WII}IIN THE CITY OF RANCliO CUCAMONGA The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Chapter 8.21 hereby is added to Title 8 of the Rancho Cucamonga Municipal Code to read in words and figures as follows: "Chapter 8.21 "SMOKING REGULATED OR PROHIBITED "Sec. 8.21.010 /~[E~_and FindingS. "The City Council finds that the smoking of tobacco, or any other weed or plant, is a positive danger to health, and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, and in order to preserve public health, safety and welfare, the declared purpose of this Chapter is to regulate the smoking of tobacco, or any weed or plant, within the City of Rancho Cucamonga. "Sec. 8.21.020 Definitions. "All words and phrases contained in this Chapter 8.21 shall have ascribed to then their common every day meanings excepting only the term *smoking', which shall mean the combustion of any cigar, cigarette, or any similar article, or the combustion within any pipe or other smoking device, of any form of tobacco or other combustible substance. "Sec. 8.21.30 E~e~_.Prohibited - Elevators. "Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, hotel, and multi-family buildings. Ordinance No. 3 84 Page 2 "Sec. 8.21.040 Smoking Prohibited - Hospitals, Health Care and ~h'ii~' Car~ P~[ili[i~;7 ........ "a. Smoking is prohibited and is unlawful in public areas of health care facilities and hospitals, as defined in the California Health and Safety Code, including waiting rooms, public hallways, and lobbies. "b. Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in rooms to be occupied by two (2) or more patients according to the patient~s individual nonsmoking or smoking preference. "c. In rooms and areas occupied by patients, smoking shall be prohibited for hospital staff, visitors and the general public. Signs reading: 'STAFF AND VISITOR SMOKING PROHIBITED' shall be conspicuously posted in such areas. "d. Smoking is prohibited and is unlawful in public areas of child care facilities. "Sec. 8.21.050 ~e~__. Prohibited Conference Rooms. Meeti~L~9~ "Except as hereinafter provided, or as provided in California Health and Safety Code Section 25941 or its successor provisions, smoking is prohibited and is unlawful in enclosed hearing rooms, conference rooms, chambers, and all other enclosed places of public assembly unless a minimum of forty percent (40%) of the available seating and floor space is designated as a tnon-amoking~ area. Notwithstanding the foregoing provisions, the owner or manager of such meeting and/or conference rooms may designate the entire area as a ~smokingt or ~non-smoking~ area. "Sec. 8.21.060 Facilities. Smokin~___Prohibited - Entertainment "a. Except as provided in Californla Health and Safety Code Section 25943, or its successor provisions, smoking is prohibited and is unlawful in every publicly or privately owned museum, gallery, theater, auditorium, or other enclosed facility, the primary purpose of which is to provide, permit or authorize entertainment of any nature, and/or which Ordinance No. 384 Page 3 is open to the public for the primary purpose of exhibiting any form of art or motion picture, stage drama, musical recital. or any other performance or event, in all areas except that area commonly known as the lobby, and in areas not open to the public. ~very owner and/or manager of such theater, auditorium, or other enclosed entertainment facility as described herein, shall post signs conspicuously in the entrance area stating that smoking is prohibited within the theater, auditorium, or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds before showing motion pictures. "Sec. 8.21.070 Smokin~_[[ohibited - Public Restrooms. "Smoking is prohibited and is unlawful in public restrooms and private restrooms open to the public. "Sec. 8.21.080 ~~_~rohibited - Indoor Service Lines. "Smoking is prohibited and is unlawful in indoor service lines in which more than one person at a time is giving or receiving services of any kind. "Sec. 8.21.090 Smokin~_/Fohibited - Eat~. Establish- ments. "Smoking is prohibited and is unlawful in every publicly or privately owned coffee shop, cafeteria, short-order care, luncheonerrs, sandwich shop, soda fountain, restaurant, or other eating establishment serving food which has an enclosed capacity of fifty or more persons, excluding from that calculation of capacity any portion of such facility which is utilized exclusively for bar purposes; provided, however, this prohibition shall not apply to any such establishment maintaining a contiguous no smoking area of not less than forty percent (40%) of both the seating capacity and the floor space in which customers are being served, excluding from said calculations any portion of such facility which is located outdoors and any portion of such facility which is utilized exclusively for bar purposes; further provided, however, that this prohibition shall not apply to areas not open to the public and to any room which is being used for a private function, but only while such room is used for such private function. Upon request, patrons shall be seated in a nonsmoking area if available. Ordinance No. 3 84 Page 4 "Sec. 8.21.100 Smoking_prohibited - pollin~_f~. "Smoking is prohibited and is unlawful in every indoor polling place for any local, county, state or national election, or other casting of votes, when such polling place is open for voting purposes. "Sec. 8.21.110 §~__Prohibited - Indoor Office and ~X__Ar_*_e__a~. "Except as otherwise provided in this Chapter, smoking is prohibited and is unlawful in all indoor lobbies, reception and/or office areas open to the public. The provisions of this section shall not apply to any area which the owner or manager has designated as a tsmoking permittedt area. Such designation shall only be made by the posting of conspicuous signs reading iSmoking Permitted", in the size and on the background described in Section 8.21.160. "Sec. 8.21.120 Smoki~_Prohibited - Retail Food Marketi~ Establishments. - "Smoking is prohibited and is unlawful in all indoor retail food marketing establishments, except in areas not open to the public. "Sec. 8.21.130 Smoking_prohibited - Retail Stores. "Except as otherwise provided in this Chapter, smoking is prohibited and is unlawful in all indoor retail stores, in areas open to the public. The provisions of this section shall not apply to any area which the owner or manager has designated as a ~smoking permitted~ area. Such designation shall only be made by the posting of conspicuous signs reading mSmoking Permitted~, in the size and on the background described in Section 8.21.160. "Sec. 8.21.140 Smokin~ Prohibited - Banks and Other "Except as otherwise provided in this Chapter, smoking is prohibited and is unlawful within banks and other financial institutions in areas open to the public. The provisions of this section shall not apply to any area which the owner or manager has designated as a ~smoking Permittedt area. Such designation shall only be made by the posting of conspicuous signs reading ~Smoking Permitted' in the size and on the background described in Section 8.21.160. Ordinance No. 384 Page 5 "Sec. 8.21. 150 Smoking Prohibited - Public Buildinqs and Structures. "Except as otherwise provided in this Chapte or by state law, smoking is prohibited and is tunlawful within all public buildings and structures in areas open to the public. "Sec. 8.21.160 Posting of Sicms Required. "Except as otherwise provided herein, wharever in this Chapter Eking is prohibited, conspicuous signs containing all capital letters not less than one inch in height and containing at least the ~Drds "Smoking Prohibited", 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) on a contrasting background, shall be posted. It is the duty of the owner, operator, manager, or other persons having control of such rock, building, or other place where Eking is prohibited, to post such signs or cause such signs to be posed. "Sec. 8.21.170 Structural Modifications Not Required. "a. 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; "b. Nothing in this section shall relieve any person from the duty to post signs as required by this Chapter. "Sec. 8.21.180 Exemptions. "Any owner or manager of a business or other establishment subject to this Chapter may apply to the City Manager or his designee for an exenption or modification to any provision of this Chapter due to unusual circumstances or conditions, after which a hearing before the City Manager or his designee shall be conducted. The decision of the City Manager or his designee shall be final unless appealed in writing within seven (7) calendar days to the City Council which shall, within a reasonable time, schedule a public hearing. Ordinance No. 384 Page 6 "a. Such exemption shall be granted only if the City Manager or designee finds from the evidence presented that, due to unusual circumstances, the failure to cc~ply with the provisions for which the exemption is requested will not result in a danger to health or annorance, inconvenience, or discomfort to nonsmoking members of the public. "b. The applicant for an exemption shall pay a fee adopted by City Council to cover investigation and administrative costs to be incurred. "Sec. 8.21.190 Penalties. "a. It shall be unlawful to fail to post the signs required by this Chapter within ninety (90) days of the effective date hereof, or to willfully mutilate or destroy any signs required by this Chapter. "b. It shall be unlawful to smoke in any area posted as a nonsmoking area. "c. It is unlawful for any person, finn, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person, firm, partnership, or corporation violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed quilty of an infraction and upon conviction thereof shall be punishable as follows: "1. A fine not exceeding on hundred dollars ($100.00) for a first violation; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same Ordinance within one ( 1 ) year. 3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Ordinance within one ( 1 ) year. "Each such person, finn, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is conlnitted, continued or permitted by such person, finn, partnership, or corporation and shall be deemed punishable therefor as provided in this Chapter. Ordinance No. 384 Page 7 "Sec. 8.21.200 Civil Remedies Available. "The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order. prel]aninary or pemanent injunction or in any other manner provided by law for the abatement of such nuisances. "Sec.21.210 Severabili~X. "The City Councll of the City of Rancho Cucemonga hereby declares that should any section, paragraph, sentence, word or phrase of this Chapter of the Rancho Cucamonga Municipal Code hereby adopted, be declared for any reason to be invalid, it is the intent of this Council that it would have passed all other portions of this Chapter independent of the elimination herefrom of any such portion as may be declared invalid." SECTION 2. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The DailLReEort. a newspaper of general circulation published in the City of Ontario, "cailfg[~ia, and circulated in the City of Rancho Cucamonga, California. ATTEST: PASSED. A2PROVED, and ADOPTED this 7th day of December. 1988. AYES: Brown, Buquet, Stout, Wright NOES: None AB SENT: None AB STAINED: A1 exander Dennis L. Stout, Mayor Beverly A~Auth~let, City Clerk Ordinance No. 3 84 Page 8 I, BEVERLY A. A~THBLET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of November, 1988, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of December, 1988. Executed this 8th day of December, 1988 at Rancho Cucamonga, California. B~ez~lY.Auth/f'~et, City Cler~~~k