Ordinance 861 ~ ~
ORDINANCE N0. 861
AN ORDINANCE OF THE GITY OF CUPERTINO ADDING
CHAPTER 10.25 TO THB CUPERTINO MUNICIPAL CODE
TO REGUTATE SMOKING IN CERTAIN PUBLIC PLACFS
' Chapter 10.25 ia hereby added to the Municipal Code of the Citq of Cupertino
to read as follars:
"CHAPTER 10.25. REGUI.ATION OF SMOKING IN CERTAIN PUBLIC PLACES"
Section 10.25.010 Legislative Findings ~ •
The City of Cupertino finds and declares Chat tobacco smoke is a severe
nuisance and a hazard to the health of the general public.
Section 10.25.020 Definitions
"Smoke" or "smoking". as used in this article, ahall include within the
Ci[y of Cupertino the carrying. holding, posseaeion or smoking of a lighted pipe,
or cigar, or cigarette of any kind, or the lighting of a pipe, cigar, or cigarette
of any kind.
Section 10.25.030 ProhiMtion of Smoking - Elevatora
Smoking shall be prohibited in elevatora in buildittgs generally used by or
open to the public.
Section 10.25.040 Prohibition of Smoking - Public Meetings
Smoking shall be prohibited in public meetings in a contiguous atea of no[
less than 50Z of the total area of hearing roams, chambers, or places of public
assembly in ro+hich public businesa is conducted requiring or providing direct
participation or observa[ion by the general public, vhile a public meeting is in
progresa.
Section 10.25.050 Prohibition of Smoking - Aospitals
Smoking shall be prohibited in all public arese of health care facilities
or hospitals, including vaiting roams, public hallways and lobbies, except in
specially designated amoking areas.
(a) Every publicly or privately rnmed health caze facility, as defined in
Section 1250 of the Californla Health and Safety Code, including hospitals, shall
make every reasonable effort to determine preference and aesign patients placed
in bed space utilized for tvo or more patients according to the patient's
individual smoking or non-smoking preference.
. . m ,~s
. , , ~ , . . . _ ,
~ ~
(b) Ia bed space areas utilized for two or more patienta, amoking ahall
be pzohibited for hoepital ataff, visitora. or the genaral public, "VISITOR
SMOKING PROAIBITED" eigas ahall be conepicuously posted in all bed apace areas
utilized far tvo or more patients.
Section 10.25.060 Prohibition of Smoking - Theatera
; Smoking ahall be prohibited within every publicly or privately owned
i building or enclosed facility open to the general public for the primary purpoae
of exhibiting any motion pictuze. atage drama. muaical recital, or any other
performance, in any area other than that co~nly known as the lobby,
Section I0.25.070 Prohibition of Smokin~ - Restauranta
Smoking ehall be prohibited within everq publicly or privately awned
restauraat serving food to the general public vhose occupied capacity ia fifty (50)
or more persona; provided, however, that this prohibition againat amoking shall not
apply within such establiahmeat whereon a contiguoua "No Smoking" area of not less
than 30X of the floor apace and of the aeating capacity in which customera are
served is maintained.
Section 10.25.080 Posting of Signs
(a) "NO SMOKING" aigns shall be conspicuously poated in every room~ building
or other place where amoking is prohibited bq [hia Article, by the owner, operator,
manager or other peraon having control of such room, building or other place.
(b) Every motion picture theater ahall also poat signa conspicuously in the
lobby stating that amoking is not allowed vithin the theater auditori~ and ahall
indicate on the movie screen prior to each feature motion picture that amoking is
prohibited.
Section 10.25.090 Infractions and Penaltiea
(a) Any ovner, manager, or officer of any place designated by Sections 1.03
through 1.07 of thia Article who fails to designate and post by sign as required
any smoking where smoking ia prohibited ie guilty of an infraction. and punishable
as provided in Chapter 1.12 of this Code.
(b) Any peraon who amokes in any area deaignated by Sectiona 1.03 through
1.07 as a non-smoking area wlth knowledge ehat such area is a non-emoking area or
an area vhere smoking of tobacco is prohibited, ehall be guilty of an infraction.
Section 10.25.100 Sevezability
If any section, aubsection, sentence, clause. or phrase of this ordinance is
for any reason held by a court of competent juriadiction to be invalid, such
decision shall not affect the validity of che remaining portions of this ordinance.
-2-
. ~ ~
The City Council hereby declazes that it would have gassed this ordinance and
each aection, subaection, sentence, clauae and phrase thereof~ irreapective of
the fact that any ona or morn aections, eubeectione, sentencea, clauaes or
phrases be declared invalid.
INTRODUCII? at a regular meeting of the City Council of the City of Cupertino
thia 22na day of February , 1978 and ENACTID at a re ul~r meeting of
the City Council of the City of Cupertiao thia 6th day of ~1° , 1978
by the following vote:
Vote Membera of the City Council
Ay~: Jackson, Nellis, 0'Keefe, Prolich
NOES: None
ABSENT: Meyera
ABSTAIN: None
APP&OVID •
~
. c9-~.~-A ~
Maqor, Citq of Cupertino
ATTEST:
/tJ~ / ~
~
DeputY City Clerk
-3-