275 ORDINANCE NO. 275
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AMENDING CHAPTER 8.104 OF TITLE 8
AND AMENDING CHAPTER 12.32 OF TITLE 12 OF THE GRAND
TERRACE MUNICIPAL CODE RELATING TO SMOKING
PROHIBITIONS
WHEREAS, smoking and secondhand smoke is responsible for the premature
deaths of hundreds of thousands of Americans each year from lung cancer, heart
disease, respiratory illness, and other diseases; and
WHEREAS, the U.S. Surgeon General has declared that nicotine is addictive as
cocaine and heroin; and
WHEREAS, nicotine is a highly addictive neurotoxin and is included in the Prop
65 list of Chemicals Known To The State To Cause Cancer Or Reproductive Toxicity.
Nicotine is known to cause birth defects and is particularly dangerous for vulnerable
populations including children, pregnant women and people with cardiovascular
conditions; and
WHEREAS, the U.S. Food and Drug Administration announced that a laboratory
analysis of electronic cigarette samples has found that they contain carcinogens and
F toxic chemicals such as diethylene glycol, an ingredient used in antifreeze; and
WHEREAS, these products are marketed and sold to young people and are
readily available online and in shopping malls. These products are available in different
flavors, such as chocolate and mint, which may appeal to young people. In addition,
these products do not contain any health warnings comparable to FDA-approved
nicotine replacement products or conventional cigarettes; and
WHEREAS, the Los Angeles County Department of Public Health supports
amending local smoke-free policies to include e-cigarettes because "studies indicate
that e-cigarettes pose potential' dangers for users, as well as for non-users who
passively inhale these chemical vapors" and
WHEREAS, the City Council of the City of Grand Terrace supports policies that
focus on and improve the health and wellness and healthier lifestyles in all communities;
and
WHEREAS, the City of Grand Terrace has received the "Healthy Cities"
designation from the.County of San Bernardino Department of Public Health on April 14,
2014; and
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Ordinance No. 275
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WHEREAS, smoking and secondhand smoke is detrimental to the health and
wellness and healthier lifestyles of all communities; and
WHEREAS, prohibiting smoking and secondhand smoke in the City's facilities
will enhance the wellness and healthier lifestyles of all communities; and
WHEREAS, in order to encourage and support policies that focus on health and
wellness and healthier lifestyles in all communities, the City Council of the City of Grand
Terrace desires to prohibit smoking in the City's parks.
s NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the
CEQA guidelines, and the City's environmental procedures, and has been found to be
exempt pursuant to Section 15061 (b) (3) (General Rule) of the CEQA Guidelines, in
that the City Council hereby finds that it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the
environment.
SECTION 2. Resolution 2000-17, adopted by the City Council on June 22, 2000,
which designated City parks tobacco free zones, is repealed in its entirety.
SECTION 3. Chapter 8.104 (Smoking) of Title 8 of the Grand Terrace Municipal
Code is hereby amended to read as follows:
8.104.010 Definitions.
8.104.020 Smoking prohibited—Elevators.
8.104.030 Smoking prohibited—Hospitals, health care and child care facilities.
8.104.040 Smoking prohibited—Public meeting rooms.
8.104.050 Smoking prohibited—Theaters and auditoriums.
8.104.060 Smoking prohibited—Eating establishments.
8.104.070 Smoking prohibited—Department stores.
8.104.080 Smoking prohibited—City facilities.
8.104.090 Smoking prohibited—City parks and other recreation areas.
8.104.100 Smoking waste.
8.104.110 Regulation of smoking in the workplace.
8.104.120 Posting and signs required.
8.104.130 Prohibition of electronic cigarette use in smoke free places and other
regulations.
8.104.140 Other agency cooperation.
8.104.150 Structural modifications not required.
8.104.160 Penalties.
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Ordinance No. 275
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8.104.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them:
A. "Bar" means an area which is devoted to serving of alcoholic beverages and in
which the. serving of food is only incidental to the consumption of such
beverages.
B. "Eating establishment" means every publicly or privately owned eating place,
including coffee shops, cafeterias, short-order cafes, luncheonettes, sandwich
shops, soda fountains and restaurants.
C. "Electronic smoking device" means any device that delivers vapors for inhalation
of tobacco products. This term shall include every variation and.type of such.
devices whether they are manufactured, distributed, marketed or sold as an
electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe,
an electronic hookah or any other product name or descriptor.
D. "Employee" means any person who is employed by an employer for direct or
indirect monetary wages or profit.
E. "Employer" means any person who employs the services of an individual person
or employee.
F. "Enclosed" means closed in by a roof and four walls with appropriate openings
for ingress and egress, but does not include areas commonly described as public
lobbies.
G. "Motion picture theater" means any theater engaged in the business of exhibiting
motion pictures.
H. "Smoking" means the use of any cigar, cigarette, pipe, electronic smoking
device, or any other similar article, using any form of tobacco, tobacco product,
or other combustible substance in any form.
I. "Workplace" means any enclosed area of a structure or portion thereof intended
for occupancy by business entities which will provide primarily clerical,
professional or business services of the business entity, or which will provide
primarily clerical, professional or business services to other business entities or
to_the public at that location. Workplace includes, but is not limited to, office
spaces in office buildings, medical office waiting rooms, libraries, museums,
hospitals and nursing homes.
J. "Park" means any community park, neighborhood park, special use or other park,
and any open space area maintained by the City.
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-- K. "Tobacco product" means any manufactured substance made from the tobacco
plant, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco and smokeless tobacco, or products prepared from tobacco and
designed for smoking or ingestion.
8.104.020 Smoking prohibited—Elevators.
Smoking is prohibited and is unlawful in elevators.
8.104.030 Smoking prohibited—Hospitals, health care and child care facilities.
A. In 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, smoking is prohibited, except in specially designated
smoking areas, which may be all or part of a public area.
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 occupied by two or more patients according to the patient's individual
smoking or nonsmoking preference.
C. In rooms and areas occupied by patients, smoking shall be prohibited for hospital
staff, visitors and the general public. "STAFF AND VISITOR SMOKING
PROHIBITED" signs and/or the international logo sign for not smoking shall be
conspicuously posted in each patient room.
D. In child care facilities, including those in private homes, during operating hours in
rooms where children are present, smoking is prohibited.
8.104.040 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, when the public
business requires or provides direct participation or observation by the general public.
8.104.050 Smoking prohibited—Theaters and auditoriums.
Smoking is prohibited and is unlawful in every publicly or privately owned theater,
auditorium or other enclosed facility which is open to the public for the primary purpose
of exhibiting any motion picture, stage drama, musical recital, athletic events or any
other performance or event in all areas except either in that area commonly known as
the lobby, or in areas not open to the public, except athletic events where smoking shall
be permitted in specially designated areas. Every such theater, auditorium or other
enclosed facility used for the purposes stated in this section shall have posted, signs
conspicuously located in the lobby stating that smoking is prohibited within the theater,
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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 feature motion
pictures.
8.104.060 Smoking prohibited—Eating establishments.
Smoking is prohibited and is unlawful in all indoor eating establishments serving food,
which have an occupancy capacity of fifty or more persons. This prohibition shall not
apply to any establishment maintaining a contiguous nonsmoking area of at least one-
quarter of the seating capacity. This prohibition shall not apply to any rooms which are
being used for eating establishment purposes for private functions. If a smoking area is
maintained, the preference for the patron is to be determined by the management and
the patron shall be seated according to the preference if possible. Any portion of an
indoor eating establishment used for bar purposes is excluded from the restrictions of
this section.
8.104.070 Smoking prohibited--Department stores.
Smoking is prohibited and is unlawful in public areas of every department store which
sells dry goods, clothing or utensils, excluding areas outdoors.
8.104.080 Smoking prohibited—City buildings and facilities.
A. Except in such places in which smoking is already prohibited by State or Federal
law, in which case the State or Federal law applies, smoking shall be prohibited
in the following areas:
1. In any City building or facility.
2. Within 20 feet of any entrance, exit, operable windows, or ventilation ducts
of-any City building or facility.
8.104.090 Smoking prohibited —City parks and other recreation areas.
Smoking shall be prohibited in any outdoor area that has been improved or developed
by or on behalf of the City, and open to the general public for park or open space use,
including, but not limited to public parks, picnic areas, playgrounds, sports or playing
fields, walking paths, gardens, hiking trails, bike paths, and any other areas designated
a park by the Director of Community Development.
8.104.100 Smoking Waste
It is unlawful to dispose of lighted or unlighted cigars, cigar butts, cigarettes, cigarette
butts, pipes, electronic smoking devices, or any other similar article used for smoking in
the boundaries of an area where smoking is prohibited, other than in designated waste
receptacles.
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f 8.104.110Regulation of smoking in the workplace.
A. Within ninety days of the effective date of the ordinance codified in this chapter,
or within ninety days of having first engaged the services of an employee, for
employers, who are not in operation on the effective date of this chapter, each
employer shall adopt, implement and maintain a reasonable written smoking
policy which should contain, as 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 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 preference.
C. 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. In lieu of such signs
the international no smoking logo may be prominently displayed.
D. The smoking policy shall be communicated to all employees within two weeks of
its adoption.
E. Notwithstanding the provisions of subsection A of this section, every employer
shall have the right to designate any workplace as a nonsmoking area.
F. This section is not intended to regulate smoking in the following places and under
the following conditions:
1. A private home which may serve as a workplace, except as required
pursuant to subsection D of Section 8.104.030.
2. Any property owned or leased by other governmental agencies.
3, A private, 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. Food and beverage service areas of indoor eating establishments.
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G. An employer who in good faith develops and promulgates a reasonable written
- policy regarding smoking and nonsmoking in the workplace shall be deemed to
be in compliance provided that a policy which designates an entire workplace as
a smoking area shall not be deemed a reasonable policy.
8.104.120Posting and signs required.
A. 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 and/or the international no smoking logo, on a
contrasting background. 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.
B. It is unlawful to willfully mutilate or destroy any signs required by this section.
8.104.130 Prohibition of electronic smoking device use in smoke-free places and
other regulations.
A. It shall be a violation of this chapter to use an electronic smoking device in any
place within the city where smoking is prohibited by law.
B. No person or entity shall knowingly permit the use of electronic smoking device in
an area under the legal or de facto control of that person or entity and in which
` smoking is prohibited by law.
C. All other regulations and prohibitions contained in this chapter relating to tobacco
products shall apply the same to electronic smoking devices.
8.104.140 Other agency cooperation.
Federal, state, county, school and special district officials are urged to enact and
enforce provisions similar to the provisions of this chapter.
8.104.150 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.
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C. Nothing in this section shall relieve any person from the duty to post signs or
adopt policies as required by this chapter.
8.104.160 Penalties.
Violation of any provision or failure to comply with any requirement of this chapter is an
infraction."
SECTION 4. Chapter 12.32 of Title 12 of the Grand Terrace Municipal Code is
hereby amended to add Section 12.32.180, as follows
"12.32.180 Smoking
While in a public park, smoking as defined in chapter 8.104 is prohibited."
SECTION 5. INCONSISTENCIES. Any provision of the Grand Terrace Municipal
Code or appendices thereto that are inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no.further, is hereby repealed or modified to
the extent necessary to effect the provisions of this Ordinance.
SECTION 6. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 7. PUBLICATION. The City Clerk shall post this Ordinance in three
(3) public places within fifteen (15) days of its adoption, as designated for such
purposes by the City Council.
ATTEST:
heraMhA. a ringto 'Walt S
Interim City Clerk Mayor
Ap ed as to form:
Ric and L. Adams
City Attorney
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Ordinance No. 275
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I, Deborah A. Harrington, Interim City Clerk of the City of Grand Terrace, do
hereby certify that the foregoing Ordinance No. 275 was introduced at a regular meeting
held on the 9th day of September and adopted at a regular meeting of the City Council
of the City of Grand Terrace held on the 23rd day of September, 2014, by the following
vote:
AYES: Council Members McNaboe, Mitchell, Robles, Mayor Stanckiewitz
NOES: None
ABSENT: None
e orah A. H gton
Interim City Clerk
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