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9.24.010
<br /> 258-1 (Pleasanton Supp. No. 27, 1-22)
<br />Chapter 9.24
<br />
<br />SMOKING IN PUBLIC AND WORK PLACES*
<br />
<br />Sections:
<br />9.24.010 Purposes and findings.
<br />9.24.020 Definitions.
<br />9.24.030 Application of chapter in city-
<br />owned facilities.
<br />9.24.040 Prohibition of smoking in public
<br />places.
<br />9.24.050 Regulation of smoking in places of
<br />employment.
<br />9.24.060 Optional smoking areas.
<br />9.24.070 Posting of signs.
<br />9.24.080 Enforcement.
<br />9.24.090 Nonretaliation.
<br />9.24.100 Violations and penalties.
<br />9.24.110 Severability.
<br />
<br />* Prior ordinance history: Ords. 1548, 1479, 1262.
<br />
<br />9.24.010 Purposes and findings.
<br /> The city council finds as follows:
<br /> A. Numerous studies have found that tobacco
<br />smoke is a major contributor to indoor air pollution; and
<br /> B. The U.S. Environmental Protection Agency
<br />has determined that second-hand smoke is a Class A
<br />carcinogen for which there is no safe exposure level; and
<br /> C. Reliable studies have shown that breathing
<br />second-hand smoke is a particular health hazard for cer-
<br />tain population groups, including elderly people, indi-
<br />viduals with cardiovascular disease, and individuals
<br />with impaired respiratory function, including asthmatics
<br />and those with obstructive airway disease; and
<br /> D. Health hazards induced by breathing sec-
<br />ond-hand smoke include lung cancer, respiratory infec-
<br />tion, decreased exercise tolerance, decreased respiratory
<br />function, bronchoconstriction, and bronchospasm; and
<br /> E. Nonsmokers with allergies, respiratory dis-
<br />eases and those who suffer other ill effects of breathing
<br />second-hand smoke may experience a loss of job pro-
<br />ductivity or may be forced to take periodic sick leave
<br />because of adverse reactions to same; and
<br /> F. The simple separation of smokers and non-
<br />smokers within the same airspace may reduce, but does
<br />not eliminate, the exposure of nonsmokers to second-
<br />hand smoke; and
<br /> G. Numerous studies have shown that a major-
<br />ity of both nonsmokers and smokers desire to have re-
<br />strictions on smoking in public places and places of em-
<br />ployment; and
<br /> H. A prohibition on smoking in all public parks
<br />protects children and adults from exposure to second
<br />hand smoke, reduces fire danger, and limits unsightly
<br />litter from cigarette butts.
<br /> Accordingly, the city council finds and declares
<br />that the purposes of this chapter are: (1) to protect the
<br />public health and welfare by prohibiting smoking in
<br />public places and in places of employment; (2) to help
<br />people to avoid becoming addicted, and to help people
<br />who wish to quit smoking, by limiting their uninten-
<br />tional exposure to smoking, tobacco products and in-
<br />ducements to smoke; and (3) to strike a reasonable bal-
<br />ance between the needs of smokers and the need of non-
<br />smokers to breathe smoke-free air, and to recognize that,
<br />where these needs conflict, the need to breathe smoke-
<br />free air shall have priority. (Ord. 2125 § 2, 2015; Ord.
<br />1609 § 1, 1993)
<br />
<br />9.24.020 Definitions.
<br /> The following words and phrases, whenever used
<br />in this chapter, shall be construed as defined in this sec-
<br />tion:
<br /> A. “Bar” means an area within, part of, or asso-
<br />ciated with a restaurant, which is not a freestanding bar
<br />as defined in subsection H, which primarily serves alco-
<br />holic beverages intended for consumption on the prem-
<br />ises and which, as only incidental to serving such bever-
<br />ages, serves food, has music and/or dancing, provides
<br />coin-operated amusement devices, or provides pool ta-
<br />bles, darts or other similar activities.
<br /> B. “Business” means any sole proprietorship,
<br />partnership, joint venture, corporation or other business
<br />entity formed for profit-making purposes, including re-
<br />tail establishments where goods or services are sold, as
<br />well as professional corporations and other entities
<br />where legal, medical, dental, engineering, architectural,
<br />or other professional services are delivered.
<br /> C. “Designated smoking room” means a room,
<br />with a floor area no greater than 25 percent of the total
<br />floor area of the establishment in which it is located,
<br />which has been designated as a smoking area, and has
<br />been posted with the appropriate signs under Section
<br />9.24.070. The following requirements apply to a desig-
<br />nated smoking room:
<br /> 1. The room must have a separate heating, ven-
<br />tilation and air-conditioning system (HVAC) designed
<br />such that none of the air from the room will be recircu-
<br />lated into other areas of the building.
<br /> 2. The room shall be completely separated
<br />from the remainder of the building by solid partitions or
<br />glazing without openings other than doors, and all doors
<br />leading to the room shall be self-closing. The doors shall
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