Ordinance 1294
OADINANCE N0. 1294
AN ORDINANCE OF THE CITY OF CUPERTINO DELETING
CHAPTER 10.25 OF THE CUPERTINO MUNICIPAL CODE,
"REGULATING SMOKING IN CERTAIN PUBLIC PLACES"
ADDING CHAPTER 10.25, "PROHIBITING AND REGULATING
SMOKING IN CERTAIN PLACES"
WHEREAS, there is an overwhelming body of evidence Yndiaating the
adverse effeata oP indoor air pollution, particularly that caused by
tobacco smoke, on the health and physical comfort oP people] and
WHEREAS, the City of Cupertino wishes to minimize these adverse
effects of tobacco smokes and
WHEREAS, the City Council of the City of Cupertino finds and deolares
that the purposes of this ordinance are (1) to protest the public health
and welfare by prohibiting smoking in publio places and places of
employment except in designated smoking areas and (2) to strike a
reasonable balance between the needs of persons who smoke and the need of
non-smokers to breathe smoke-free air, and to recognize that, where these
needs conflict, the need to breathe smoke-free air shall have priority.
The City Council of the City of Cupertino hereby ordains that Chapter
10.25 is amended to read as follows:
Chanter 10.25
PROHIBITING AND REGULATING SMOKING IN CERTAIN PLACES
Sections:
10.25.010 Legislative findings.
10.25.020 Definitlons.
10.25.030 Regulation of smoking in office workplace.
10.25.040 City owned facilities.
10.25.050 Smoking optional.
10.25.060 Smoking prohibited.
10.25.070 Posting of signs.
10.25.080 Enforcement.
10.25.090 Penalties.
10.25.100 Severability.
10.25.010 Legislative findings. The City of Cupertino finds and deolares
that tobacco smoke is a severe nuisance and a hazard to the health of the
general publio.
10.25.020 Definitions. The following words and phrases, whenever used in
this chapter shall be construed as defined in this section:
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"Her" means an area which is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in xhich the
serving of food 1s only incidental to the consumption of such beverages.
Although a restaurant may contain a bar, the term "bar" shall not include
the restaurant dining area.
"Dining Area" means any ennlosed area containing a counter or tables
upon which meals are served.
"Employee" means any person who is employed by any employer in the
aonaideration for direct or indirect monetary xages or profit.
"Employer" means any person who employs the services of an individual
person.
"Enclosed" means closed in by a roof and four (4) walls xith
appropriate opening(s) for ingress and egress.
"Motion Picture Theater" means any theater engaged in the business of
exhibiting motion pictures.
"Non-Profit Entity" means any corporation, unincorporated association
or other entity created for charitable, philanthropic, educational,
character building, political, social or other similar purposes, the net
proceeds from the operations of which are committed to the promotion of
the ob~eats or purposes oP the organization and not to private financial
gain. A public agency is .not a "Non-Profit Entity" within the meaning of
this Section.
"Office xorkplace" means any ennlosed area of a atruature or portion
thereof intended for occupancy by business entities xhich x111 provide
primarily clerical, professional, or business services of the business
entity, or which x111 provide primarily clerical, professional or business
services to other business entities or to the public, at that location.
Office workplace includes, but is not limited to, office spaces in office
buildings, medical office xaiting rooms, libraries, museums, hospitals,
and nursing homes.
"Public Place" means any enclosed area to which the public is invited
or in which the public is permitted, including, but not limited to:
banks
educational facilities
health facilities
public transportation facilities
reception areas
restaurants
retail stores
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retail servico establishments
retail food production and marketing establishments
waiting rooms
A private residence is not a "public place."
"Service Line" means any indoor line at which one (1) or more persons
are waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
"Smoking" means inhaling, exhaling, burning or carrying any lighted
cigar, cigarette, weed, plant or other combustible substance in any manner
or in any Porm.
10.25.030 Regulation of amokin~ in the office workplace.
Within ninety days of the effective date of this ordinance, 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) Provision and maintenance of a contiguous no smoking area of not
less than txo-thirds of the seating capacity and floor space in
cafeteria, lunchrooms, and employee lounges; provided that with
respect to employee lounges, where there is more than one ouch
lounge in any building an employer may comply with this section
by designating not less than half the number of such lounges as
no smoking. Employer shall define the term lounge' in its
smoking policy.
(3) Any. employee in the office workplace shall be given the right to
designate his or her immediate area as a non-smoking area and to
post it with appropriate signs or sign. The policy adopted by
the employer shall .include a definition of tha term immediate
work area which gives preferential consideration to non-smokers.
(4) In any dispute arising under the smoking policy, the rights of
the non-smoker shall be given precedence.
(5) Except where other signs are required, whenever 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. Signs of similar size
containing. 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) may be used in addition to or in
lieu of any signs required hereunder.
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(6) The smoking policy shall be communicated to all employees within
three xeeks of its adoption.
(7) Every employer shall have the right to designate any office
workplace a a non-smoking area.
(8) This section is intended to regulate non-profit entities as well.
(9) This section is not intended to regulate smoking in the following
places and under the following conditions:
(a) A private home which may serve as an office workplace.
(b) Any property owned or leased by other governmental agencies.
(o) A private enclosed office workplace occupied exclusively by
smokers, even though such an office workplace may be visited
by no-smokers, excepting places in which smoking 1s
prohibited by the fire marshal or by other law, ordinance,
or regulation.
10.25.040 City owned facilities. With the exception of residential
buildings, all enclosed areas owned by the City of Cupertino shall be
subject to the provisions of this ordinances.
10.25.050 Smoking optional. Notwithstanding any other provisions of this
article to the contrary, the following areas shall not be subject to the
smoking restrictions of this ordinance:
1. Bars
2. Private residences, except when used as a child care or health
care facility
3• Hotel and motel rooms rented to guests
4. Retail tobacco stores
5. Eating establishments, hotel and motel conference/meeting rooms,
and public and private assembly rooms while these .places are
being used for private functions.
6. A private residence which may serve as a place of employment.
7. A private enclosed office workplace occupied exclusively. by
smokers, even though such an office workplace may be visited by
non-smokers
8. Semi-private rooms of health facilities occupied by one (1) or
more patients, all of whom are smokers who have requested in
writing on the health care facilities admissions forms to be
placed in a room where smoking is permitted.
totwithstanding any other provision of this section, any owner, operator,
manager or other person who controls a business may declare that entire
business as a non-smoking establishment.
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10.25.060 Smoking Prohibited. It shall be unlawful to smoke in the
following places within tho City of Cupertino.
1. In elevators in buildings generally used by or open to the public
including elevators in office, hotel and multi-family buildings.
2. Buses, taxicabs and other means of public transit.
3. Those portions o£ any building structure or other enclosed
facility open to the general public for the primary purpose of
exhibiting any motion picture, stage productions, musical recital
or similar performance other than in an area which serves as a
lobby.
4. Hospitals and health care facilities:
a) Zn all public areas of health care facilities or hospitals,
including waiting rooms, public hallways and lobbies except
in specially designated smoking areas.
b) In bed space area utilized by two or more patients, smoking
shall be prohibited unless all patients within the room are
smokers and request in writing upon the health care
facility's admission forms to be placed in a room where
.smoking is permitted.
5. Public meeting rooms, hearing rooms, conference rooms, chambers,
places of public assembly in which public business is conducted
which requires or provides direct participation or observation by
the general public.
6. Nithin very publicly or privately owned restaurant serving food
to the general public whose occupied capacity is fifty or more
persons; provided, however, that this prohibition against smoking
shall not apply to any such establishments xhereon a contiguous
"No Smoking" area of not less than thirty percent of the floor
space and of the seating capacity in which customers are served
is maintained. Excluded from that calculation oP capacity is any
portion of such facility which is located out of doors and any
portion of such facility which is utilized for bar purposes;
further provided, however, this prohibition shall not apply to
any rooms which are being used for eating establishment purposes
for private functions, but only while any such room is used for
such private functions. At the request of a patron, the patron
shall be seated in anon-smoking area iP available.
?. Retail stores doing business with the general public, except 1)
areas in said stores not open to the public; and 2} all areas
within retail tobacco stores.
8. In Indoor service lines in which more than one person is giving
or receiving services of any kind.
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9. Public restrooms.
10. In public areas of galleries, libraries, museums and similar
places when open to the public, provided, however, this
prohibition does not prevent the designation of a separate room
Por smoking.
11. Any retail food marketing establishment including grocery stores
and supermarkets except those areas of such establishments set
aside for the serving of food and drink, offices and areas not
open to the public.
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 non-smoking area.
10.25.070 Posting oP sins. "smoking" or "No Smoking" signs, whichever
area appropriate, with letters of not less than one inch (1") Ln 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 room-, building or other place xhere smoking is regulated by this
chapter by the owner, operator, manager or other person having control of
such building or other place.
10.25.080 Enforcement. Enforcement shall be implemented by the city
manager or his/her designees. Any citizen who desires to register a
complaint under this chapter may initiate enforcement with the city
manager or his/her designees. Any owner, manager, operator or employee of
any establishment controlled by this ordinance shall have the right to
inform persons violating this ordinance of the appropriate provisions
thereof.
10.25.090 Penalties. It shall be unlawful for any person who owns,
manages, operates or otherwise controls the use of any premises sub~eet to
the restrictions of this article to fail to: properly post signs required
hereunder; to provide signs for the use of employees in designating their
area; to properly set aside required "no smoking" areas; to adopt a
smoking restriction policy, or to comply with any other requirements of
this article.
It shall be unlawful for any person to smoke in any area restricted by
the provisions of this article.
Any person who violates this section, of any other provlsions of this
article, shall be guilty of an infraction, punishable by:
1. A fine not exceeding One Hundred Dollars (;100) for a first
violation.
2. A fine not exceeding Too Hundred Dollars (200) for a second
violation of article within one (1) year.
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e ~
3. A fine not exceeding .Five Hundred Dollars (x500) for each
additional violation of this artiola within one (1) year.
10.25.100 Severability. If any provision, clause, sentence or paragraph
of this chapter or the applioation thereof to any person or oiroumstances
shall be held invalid, such invalidity shall not aPFect the other
provisions of this chapter which can be given effeot without the invalid
provision or application, and to this end the provisions of this chapter
are deolared to be severable.
INTRODUCED at a regular meeting of the City Counoil oP the City of
Cupertino this 4th day of February, 1985 and ENACTED at a regular meeting
of the City Council of the City of Cupertino this 19th day of February,
1985 by the following vote:
Vote Members of the City Council
AYES: Plungy, Rogers, Sparks, Johnson
NOESc Gatto
ABSENTS None
ABSTAINS None
APPROVED:
0
ity of Cupertino
ATTEST:
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City Clerk