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Home My WebLink AboutORD 3476. · • ORDINANCE NO. 3476 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 9. 14 OF ~I'HE'. PALO ALTO MUNICIPAL COD£ TO PROHIBIT S~10KING IN ELEVATORS, PllBJ. .. IC .RESTHOONS, AND INDOOR SEHVICE LINES AND RE:GUt,A.'riNG SMOKING IN THE WORKPLACE The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1.. Chapter 9. 14 entitled "Smoking Regulated or Prohib~~ i ted ~-:rsl1e':(~f)y amendE-d t.o read as follows; Sections¥ 9.14.010 9,14.020 9.14.030 9.14.040 9.14.050 9.14.090 9.14.100 9.14.110 Chapter 9 .. 14 SMOKING REGULATED OR. PROHIBITED Definitions. Smoking prohibited -Elevators9 Hospitals and health care facilities. Smoking prohibited -Public meeting rooms. Smoking prohibited -Theaters and auditoriums. Smoking £rohibited -Public restrooms. ffi~~.S. I(t'Ohlblted _-Indoor serv1c~ Smoking prohibited -Eating establish ments. Regulation of smoking in the qffice wor.:,~lac~. . Posttng of s1gns required~ Violations to be infractions. 3.14.010 Definitions. The following words and phrases, whe;,~ver used .in thi.s chapte-r, ~hall be construed as defined in this section: (a) "Bar" shall mean an area which is devoted to the sendng of alcoholic beverages and in which the s.ervice of food is only incidental to the con sumption of S\)Ch beverages~ (b) wMc,tion picture t:heat:er 111 means any the-· ater engaged in the business of exhibiting motion pictures. {c) ~smoking" means the combustion of any cigax-, cigarette, tobac<.~o, or any similar article or any other combustible substance in any manner or in any form. -1- i<!t, "EmElo;te~: m;.ap,:; ... any per~on who emplo~s the serv1ces of an 1nd~·1_a~al E~rson. {e) "Employee: means anl pefs.on. ,"'!_h.£_~ ~plo;t:ed by .an:z' em~lo:z::er in cons 1 derat:ton for S,ir:~ct .C?_r: _jndiJ:_ect. rn~etat"J!~ges or _E.rof:.:.t. 9. 14 .. 020 Smoking prohibit.ed IUevatora. Smoking is prohibited and is unlawful within elevato·cs in buildings generally used by and open to th-e public, i ncl udin<J ·-~1 evat:')r~ _ in _off,ictt.t., hotel, and ~ti-famii)" bu1ld1n9~ .. 9¥14.030 Hospitals and health ~are tacili~ ties. (a) In public areas of health car~ facili ties and hospitals r as defined in se,~tion 1250 of the California Health and Safety Code, !ncluding waiting rooms, public hallways and lobbiesf except in specially designated smoKing are~&s, which ma:. be all or part of a public area, all smold.ng is pro hibited. (b) Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine pr.e ference and to assign patients placed in bed sp~ce utilized for two or more patients according to the patient_' s individual nonsmoking or smoking preferenc~. (c) In bed space areas uti 1 i ~ad for two or more patients, smoking shall be p~oh~bited tor hospital staff, visitors, and the genetal public. "STAFF AND VISITOR SMOKING PROHIBITED" 5igns shall be conspicuously posted in such ood space areaa. 9.1~.040 Saoking probib.tte<J ... Public Meting rooas.. Smoking is prohibited and is unlawfu 1 in -2- ... hearing rooms, conference rooms, chambers, places of public assembly in which public business is con ducted, which requires or provides direct partici pation or observation by tha general public~ 9.14~050 Sacking prohibited Theaters and auditoriuzs~ Smoldn':l is prohibited and is unla.w ful in every publicly or pr:iv.:ttely owned buUding or en clo~.ed facility which is open to the .Publ i.e for tht.=: primary purpose of exhibiting any motion picturer stage drama, musical recita~, athletic event r o:r i.~ny other fX:o>rformance ot· event in all areas except ei tbe::r. in that ~xea <XIJltmon.ly x.nown as the lobby r or in areas not op(>n to the public. Every theater: ovmed and/or manag€r: shall post si9ns conspicuously in the lobby stating that smoking is pt·ohibited within the theater and auditor.ium, and in the case of mot ion picture theaters 1 such in formation shall be shown upon the screen for at least five seconds prior to t.he showing of each feature motion picture. 9.14.060 SaoJtins prohibited -Public rest rOOJis... Sino.king ls"' prohl.bi ted and is'-unlawfu!"'" in ,I?u61ic r~s(.room~ - 9.14.070 Saokins prohibited -Indoor ser vice 1:Ines,. smol{in2 is grohi15ited ana is unlaw ful i.n in<loor service lines in which more than one person is Si Ivin9 · or _ recei"v1>12 serv1ces uf ani: kind. 9. 14 ~ 080 Saokin9 prohibited -Bat.\a<J estab lishJI&nta. Smoking is proh.:.bited and is unlawful in every publicly or privately owned coffee shopv cafeteria, short-order cafe, luncheonette, sandwich shop, sode fountain, restaurant, or other eating establishment serving food whose occupied capacity is fifty or. more persons, excluding from that cal culation of capacity any portion of such facility which is located outdoors and a:ny portion of such facility which is utilized for bar purposes1 pro vided, however, this pr.ohibition shall not apply to any such establishment maintaining a contiguous no smoking area of not less than one-third of both the seating capacity and the floor space in which cus tomers are being served, excluding from said calcu lations any pol·tion of such facility which is located outdoors and any portion of such facility which is utilized for bar purposes; further pro vided, however, this prohibition shall not apply to any rooms which are being used for eating estab lishment purposes for private functions,· but only while any such room is used for such private func- -3- ~ . . tions. At the request of ·l patron, the patron shall be seated in a nonsmoking area if available. (2) Prevision ~nd maintenance of a contig_uous _t}E-smoki.n_g ar~~f not less tj}~:-n-·· t".!!£.:. thirds of the _?.~~~~$! Cill?aci t~· '!!ld f loot st:ace !n .<::afeter i as, 1 unch_r9oms t al'!_2_E?'m£!£Y.ee lounges. Ql_Any _ern£lOl,~_i'l..J:.h.~_.2Jf ice work Elace sh~ll be g_iven the r·ig_ht to .:..~_ei_g!!_ate his £! her }mmediate are't_ as a oonsrr,okir;g area and to post it with aJ2Ero..et·L~tL~9nS_ or sigf!_. The e9licx· adoEted _b~ the empl2.Y,er shall includ~ a definitiq_!! of the llim immediate. work ar~a _which giv§!~ pre(: erential consideration to nonsmokers~ ( 41 . In . amt dispute . aming unqer the smoking pol ic~ 1 tile r isl}.t_!_of the nonsMoker shall be given precedenc~~ iS) Except J!h!t:e othe_;-signs are re gui r;..ed t _wheneve; smokil1.9 is Erohibi ted, conspicuo1:1s sigq§__!)Qall b.e eost:eq so stati_%12L, _contairdng all caeital letteriQ9 not leSS than one ~ncb in heightL ~-contt·as_tin<J backgt2!-.!,nd. (b) Th~ sm_~kinq policy .sl1a_1J be CQ!!Jnunicated to a±,±_ employees wi thir. three -weeks e;f its ~-dop tion. ( c! Notwi thstand ii}9 th_£____E_rov is ions of sub section (a} •. 2f this secti0!2,, __ e~~!ol'er sn~li have the right ~:.o designa.te 't_ny offi2_e "!(akpl~c~ ~ <! f1Qnsmok tng a~!. J.d) T' This sect.t9,n i'!. not intended to_requlate !moking 1n the follo~ing p!aces an! under the loi !_owins_ conditions~ (1) A p~ivate home which max serve as an office work_place .. -4- • ... • 9.14.100 Posting of signs required. ~xcept where other sign,s art) require::.:'lr whenever i.n thL; code smoki.ng is p:t·ohibited, cm;P.p\cuous :->iun!;; ~:~h-all be posted so statiny~ containing aLi capita1 J.ot" tering not Jess than une in~h i.n height, on a con trastin',J backyroundo ~aid signs shall br~ place'J by the owner, operator, mdnayer, or other persons having control of such roc.nn1 build i ny, ')r other place where smoking is prohibited. 9.14.110 ''liolations to be infractions. Vio lation o:t any provision of this chapter shall b-e an infraction, punishable as provided in this code. SECTION 2. The Council finds that none of the provisions of this ordinan'C"e'wi 11 have a significant environmental impact. SECTION 3. This ordinance shall become effective upon the com mencement ofthe thirty-first day after the day of its passage. INTRODUCED~ September 19 s 1983 PASSI~D! October 3, 1983 AYES: Bechtel~ Cobb, Fazzino, Fletcher~ Klein, Levy, Renzel, Witherspoon NOES; Eyerly AtjSTENTIONS~ None ABSENT: None: A'fTE9-~ I APJ?HOVED: /,..._,._/ ~~~ ''"Ci'?y c 1 APPROVE AS TO F'ORM: c;/J.~.e./:b,. ~ -5·-