Ordinance Number 694ORDINANCE NO. 694
AMENDING TITLE 5, CHAPTER 20, OF THE MUNICIPAL CODE -
SMOKING IN PUBLIC PLACES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 5, CHAPTER 20, OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE ENTITLED "SMOKING IN
PUBLIC PLACES"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SFCTTC)N I _
Title 5, Chapter 20 of the San Juan Capistrano Municipal Code is hereby
amended in its entirety to read as follows:
"CHAPTER 20
"SMOKING IN PUBLIC PLACES
'Section 5-20.01. Findings and Purpose.
"The City Council finds that the smoking of tobacco, or any other weed, plant
o: substance is a positive danger to health and a material annoyance, inconvenience,
discomfort and a possible health hazard to those who are present in confined spaces, and
in order to serve public health, safety and welfare, the declared purpose of this Chapter
is to prohibit the smoking of tobacco or any other weed, plant or substance in public
places and places of employment as stated and required in this Chapter.
"Section 5-20.02. Definitions.
"The following words and phrases, whenever used in this Chapter, shall be
construed as defined in this section:
A. 'Bar" means an area which is devoted to serving alcoholic beverages and
in which the service of food is only incidental to the consumption of such
beverages.
B. "Employee" means any person who is employed by any employer for
direct or indirect monetary wages, profit, or any other form of consideration.
C. "Employer" means any person, partnership, corporation, including
municipal corporation, or other entity which employs the services of three or
more persons.
D. "Enclosed Facility" means any building or room within a building closed
in by a roof and four walls with appropriate openings for ingress and egress.
E. "Motion Picture Theater" means any theater engaged in the business of
exhibiting motion pictures.
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F. "Nightclub" means a place of entertainment open at night providing a
floor show and which may provide music and a space for dancing and which
serves alcoholic beverages and which may serve food incidental to the
entertainment and the consumption of such beverages.
G. "Service Line" means an indoor line or area in which persons await
service of any kind, regardless of whether or not such service involves the
exchange of money or other consideration. Such service shall include, but is
not limited to sales, giving of information, directions, or advice and transfers
of money or goods.
H. "Smoke" or "Smoking" means and includes any of the following: (1) the
combustion of any cigar, cigarette, pipe, or any similar article, using any form
of tobacco or other combustible substance in any form, or (2) the holding or
carrying of a lighted cigar, cigarette, pipe or any other lighted smoking device,
or (3) emitting or exhaling the smoke directly from a cigar, cigarette, pipe or
any other lighted smoking device.
1. "Workplace" means any enclosed area of a structure or portion thereof
occupied by a business entity and frequented by employees during the normal
course of their employment and where clerical, professional, or business
services of the business entity are performed or where other work is done at
that location. Workplace includes, but is not limited to, spaces in office
buildings, medical office waiting rooms, libraries, museums, hospitals, and
nursing homes, employee lounges, conference rooms and employee cafeterias.
A private residence is not a workplace.
"Section. 5-20.03. Smoking Prohibited - Municipal Offices.
"Smoking is prohibited within all areas of buildings owned or operated
under the control of the City.
"Section 5-20.04. Smoking Prohibited - Elevators.
"Smoking is prohibited within elevators in public or private buildings
generally used by and open to the public, including but not limited to elevators
in office, hotel and multifamily residential buildings.
"Section 5-20.05. Smoking Prohibited - Hospital and Health Care Facilities.
'4n public areas of health care facilities and hospitals, as defined in
Section 1250 of the California Health and Safety Code, including waiting
rooms, public hallways and lobbies, all smoking is prohibited, except in
specially designated smoking areas, which may be all or part of a public area.
"Every public or private health care facility, including hospitals, shall
make a reasonable effort to determine preference and to assign patients
placed in rooms occupied by two or more patients according to the patient's
individual nonsmoking or smoking preference.
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"In rooms and areas occupied by two or more patients, smoking shall be
prohibited for hospital staff, visitors and the general public. Signs shall be
conspicuously posted in such areas.
"Section 5-20.06. Smoking Prohibited - Public Meeting Rooms.
"Smoking is prohibited and is unlawful in hearing rooms, conference
rooms, chambers, and places of public assembly in which public business is
conducted during times when the public business requires or provides for direct
participation or observation by the general public.
"Section 5-20.07. Smoking Prohibited - Theaters and Auditoriums.
"Smoking is prohibited and is unlawful in all areas of every publicly or
privately owned auditorium or theater which is open to the public for the
primary purpose of exhibiting any stage production, motion picture, or sporting
event. Every owner and/or manager of such auditorium or theater shall post
signs conspicuously in the lobby stating that smoking is prohibited within the
auditorium or theater and, in the case of motion picture theaters, such
information shall be shown upon the screen for at least five seconds before
showing feature motion pictures.
"Section 5-20.08. Smoking Prohibited - Public Restrooms.
"Smoking is prohibited and is unlawful in public restrooms.
"Section 5-20.09. Smoking Prohibited - Indoor Service Lines.
"Smoking is prohibited and is unlawful in indoor service lines in public or
private buildings in which more than one person is giving or receiving services
of any kind.
"Section 5-20.10. Nonsmoking Areas - Eating Establishments.
"Restaurants and other eating establishments having an occupancy
capacity of fifty (50) or more persons, excluding that seating capacity which is
outdoors and that portion utilized for bar purposes, shall by signs designate and
maintain a contiguous nonsmoking area of not less than seventy-five percent
(75%) of both the seating capacity and floor space in which customers are
being served. Every restaurant shall have posted at its entrance and/or
reception area a sign clearly stating that both smoking and nonsmoking
sections are available. In any restaurant where smoking is entirely prohibited,
there shall be a sign to that effect at kts entrance and/or reception area.
"Smoking is prohibited and is unlawful in all waiting or reception areas of
such restaurants or eating establishments.
"Each such restaurant or eating establishment shall have a written policy
describing how nonsmokers are to be accommodated in the restaurant per this
section and shall present its policy to any City Code Enforcement Officer or
member of the public when asked.
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"If a patron begins smoking in a nonsmoking section, the waiter, waitress,
or manager shall inform the customer that smoking is prohibited in such
section and if the patron refuses to cease, the manager shall attempt to
relocate the customer to the smoking area.
"This section 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. The term "private functions" as used herein
shall include all eating functions not open to the general public or
establishments open only to members and their guests.
"Reasonable efforts shall be made by eating establishments having a
seating capacity of forty-nine (49) or less persons to provide seating for non-
smoking patrons away from patrons who smoke.
"Section 5-20.11. Smoking Prohibited - Retail Food Production and Marketing
Establishments.
"Smoking is prohibited and unlawful in any retail food marketing
establishments including grocery stores and supermarkets except (1) those
areas of such establishments set aside for offices, subject to the provisions of
Section 5-20.12; and (2) areas thereof not open to the public.
"Section 5-20.12. Smoking in the Workplace.
A. Within ninety (90) days of the effective date of this Chapter, or
within ninety (90) days of first becoming an employer as defined in this
Chapter for employees who are not in operation on the effective date of
this Chapter, 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. Provisions and maintenance of a contiguous no smoking area of not
less than one-half of the seating capacity and floor space in
cafeterias, lunchrooms and employee lounges.
3. Any employee in the workplace shall be given the right to designate
his or her immediate work area as a nonsmoking area and to post it
with appropriate signs or sign. The policy adopted by the employer
shall include a definition of the term "immediate work area" which
gives preferential consideration to nonsmokers.
B. In any dispute arising under the smoking policy, the rights of the
nonsmoker shall be given precedence.
C. The smoking policy shall be communicated to all employees within
thirty (30) days of its adoption.
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D. Except where other signs are required, whenever smoking is
prohibited, conspicuous signs shall be posted so stating which signs shall
conform to the provisions of Section 5-20.15 of this Code.
E. Notwithstanding the provisions of Paragraph A of this section,
every employer shall have the right to designate any workplace as a
nonsmoking area or to adopt and enforce a smoking policy more
restrictive than the provisions of Paragraph A of this section.
F. This section is not intended to regulate smoking in the following
places and under the following conditions:
1. A private residence which may serve as a workplace.
2. Any property being operated by any governmental agency other
than the City of San Juan Capistrano.
3. An enclosed workplace occupied exclusively by smokers, even
though such a workplace may be visited by nonsmokers, excepting
places in which smoking is prohibited by the Fire Marshal or by
other law, ordinance or regulation.
4. Bars and nightclubs as defined in the Definitions section of this
ordinance.
G. It shall be unlawful for an employer to fail or refuse to adopt,
implement and maintain a written smoking policy which conforms to all
applicable provisions of this section.
"Section 5-20.13. Smoking Prohibited - Public Transportation.
"Smoking is prohibited and is unlawful in buses, trams, and other means of
public transportation under the authority of the City.
"Section 5-20.14. Smoking Prohibited - Retail Stores.
"Smoking is prohibited and is unlawful within retail stores doing business
with the general public in areas posted by the management to that effect,
except in areas not open to the public.
"Section 5-20.15. Posting of Signs.
"Except where other signs are required, whenever in this Chapter 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 and/or
the international No Smoking logo. It is the duty of the owner, operator,
manager, or other persons having control of such room, building, or other place
where smoking is prohibited, to post such signs or to cause such signs to be
posted.
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"Section 5-20.16. Structural Modifications Not Required.
A. It shall be the responsibility of employers to provide smoke-free
areas for nonsmokers within existing facilities to the maximum extent
possible, but employers are not required to incur any expense to make
structural or other physical modifications in providing these areas.
B. 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.
C. Nothing in this section shall relieve any person from the duty to
post signs or adopt policies as required by this Chapter.
"Section 5-20.17. Administration.
"The no smoking regulations established by this Chapter shall be
administered by the City Manager or his designee.
"Section 5-20.18. 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 exemption
or modification to any provisions of this Chapter due to unusual circumstances
or conditions. The City Manager or his designee shall conduct a hearing at a
mutually agreeable time to consider the request for exemption.
A. Such exemption shall be granted only if the City Manager finds
from the evidence presented by the applicant for exemption at the
hearing either that:
1. The applicant cannot comply with the provisions of this Chapter for
which an exemption is requested without incurring expenses for
structural or other physical modifications other than posting signs,
to buildings and structures.
2. Due to such unusual circumstances, the failure to comply with the
provision for which the exemption is requested will not result in a
danger to health or annoyance, inconvenience or discomfort.
B. The applicant for an exemption shall pay a fee as set by City
Council Resolution at the time such application for exemption is filed to
cover cost of the hearing and noticing of the hearing. Notice of the time
and place of said hearing shall be mailed to the applicant and published in
a newspaper of general circulation within the City of San Juan
Capistrano not less than ten (10) days prior to said hearing.
C. Any interested party may, within fourteen (14) days, file a written
appeal of the decision to the City Council. The Council shall hold a
hearing on the appeal within thirty (30) days after its receipt by the City,
or at a time thereafter agreed upon, and shall cause the appellant to be
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given at least 10 days' written notice of such hearing. The determination
of the Council on the appeal shall be final.
"Section 5-20.19. Violations and Penalties.
"It shall be unlawful to wilfully mutilate or destroy any signs required by
this Code.
"Any person who violates any provision of this Chapter by smoking in a
posted "No Smoking" area or other area in which smoking is prohibited by any
provision of this Chapter, or by failing to post or cause to be posted a required
"No Smoking" sign, or failure by an employer to regulate smoking in the
workplace as required by Section 5-20.15, is guilty of an infraction and, upon
conviction thereof, shall be punished by:
A. A fine not exceeding One Hundred Dollars ($100.00) for a first
violation;
B. A fine not exceeding Two Hundred Dollars ($200.00) for a second
violation of the same ordinance within a twelve-month period;
C. A fine not exceeding Five Hundred Dollars ($500.00) for each
additional violation of the same ordinance within a twelve-month period.
"Section 5-20-20. Civil Remedies Available.
"A violation of any of the provisions of this Code shall constitute a
nuisance and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisance.
"Section 5-20.21. Severability.
"The City Council of the City of San Juan Capistrano hereby declares that
should any section, paragraph, sentence or word of this ordinance, hereby
adopted, be declared for any reason to be invalid, it is the intent of the
Council that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as my be declared
invalid."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
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certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 1st day of October ,
1991.
KE NETH E. F [ SS, M OR
ATTEST:
�I i� i��/✓iii
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 694 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on September 17 , 1991, and
adopted at a meeting held on October 1 , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and
Mayor Friess
NOES: None
ABSENT: None
(SEAL)
CHERYL YL JO SOM, CITY CLERK
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