Ordinance No. 777ORDINANCE NO. 777
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTIONS 17-42 THROUGH 17-50 TO CHAPTER 17
OF THE CODE OF THE CITY OF CYPRESS REGULATING
SMOKING IN PUBLIC AREAS
WHEREAS, numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution; and
WHEREAS, studies have shown involuntary smoking to be a significant health
hazard for several populations, including elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function,
including asthmatics and those with obstructive airway disease; and
WHEREAS, nonsmokers with allergies, respiratory diseases and those who suffer
other ill effects of breathing secondhand smoke may experience a loss of job
productivity or may be forced to take periodic sick leave because of reactions
to secondhand smoke; and
WHEREAS, studies have shown many nonsmokers do not dine in restaurants because
of adverse reaction nor annoyance from secondhand smoke.
WHEREAS, the vast majority of travelers prefer nonsmoking sections in
airplanes, buses, and trains,
WHEREAS, smoking is a potential cause of fires, and cigarette and cigar burns
and ash stains on merchandise and fixtures cause losses to businesses;
NOW, therefore, the Cypress City Council finds that the smoking of tobacco, or
any other weed or plant, is a positive danger to health and a material
annoyance, inconvenience, discomfort and health hazard to those who are
present in confined spaces, and in order to serve public health, safety and
welfare, the declared purposes of this ordinance are (1) to protect the public
health and welfare by prohibiting smoking in public 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 nonsmokers to
breathe smoke -free air, and to recognize that, where these needs conflict, the
need to breathe smoke -free air shall have priority.
SECTION 1: Chapter 1/ of the Code of the City of Cypress is hereby
amended by adding Sections 17 -42 through 17 -50, as follows:
Sec. 17 -42 Definitions. The following words and phrases, whenever
used in this ordinance, shall be construed as defined in this section:
"Bar" means an area which is devoted to the serving of
alcoholic beverages for consumption by guests on the premises
and in which the serving of food is 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.
"Business" means any sole proprietorship, partnership, joint
venture, corporation or other business entity formed for
profit making purposes, including retail establishments where
goods or services are sold as well as professional
corporations and other entities under which legal, medical,
dental, engineering, architectural or other professional
services are delivered.
"Dining Area" means any enclosed area containing a counter or
tables upon which meals are served.
"Employee" means any person who is employed by any employer in
the consideration for direct or indirect monetary wages 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 with
appropriate openings 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
objects or purposes of the organization and not to private
financial gain. A public agency is not a "Non- Profit Entity"
within the meaning of this Section.
"Place of Employment" means any enclosed area under the
control of a public or private employer which five (5) or more
employees normally frequent during the course of employment,
including but not limited to,
1. conference and classrooms
2. employee cafeterias
3. employee lounges and restrooms
4. hallways
5. work areas
6. A private residence is not a "place of employment" unless
said residence is used as a child care or a health care
facility.
7. The dining area of a restaurant is not a "place of
employment ".
8. It is not our intent to regulate governmental agencies
not under the jurisdiction of the city.
9. The intent is to include nonprofit corporations, offices
and other facilities maintained by public agencies which
are under the jurisdiction of the city, and other
entities not commonly understood to be business
enterprises, though frequented by the public.
"Public Place" means any enclosed area to which the public is
invited or in which the public is permitted, including, but
not limited to:
1. banks
2. educational facilities
3. health facilities
4. public transportation facilities
5. reception areas
6. restaurants
7. retail stores
8. retail service establishments
9. retail food production and marketing establishments
10. waiting rooms
11. A private residence is not a "public place ".
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11. A private residence is not a "public place ".
"Restaurant" means any coffee shop, cafeteria, luncheonette,
tavern, cocktail lounge, sandwich stand, soda fountain,
private and public school cafeteria or eating establishment,
and any other eating establishment, organization, club,
including veterans' club, boardinghouse, or guesthouse which
gives or offers for sale food to the public, guests, patrons,
or employees as well as kitchens in which food is prepared on
the premises for serving elsewhere, including catering
functions, except that the term "restaurant" shall not include
a cocktail lounge or tavern if said cocktail lounge or tavern
is a "bar" as defined in Section 17 -42.1.
"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 form.
"Health Facilities" means sports pavilions, gymnasiums, health
spas, swimming pools, roller and ice rinks, bowling alleys and
other similar places where members of the general public
assemble to either engage in physical exercise or participate
in athletic competition.
"Tobacco Store" means a retail store utilized primarily for
the sale of tobacco products and accessories and in which the
sale of other products is merely incidental.
"Office work place" 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, from that
location. The term "office work place" includes, but is not
limited to, office spaces in office buildings, medical office
waiting rooms, libraries, hospitals, and retail sales
establishments.
"Race Track" means the "Los Alamitos Race Track" and all
facilities therein.
"Bingo Facility" means property at which bingo games are
authorized to be conducted by organizations licensed pursuant
to section 15C of the Cypress City Code.
Sec. 17 -43 Office Work Places.
1. In office work places having a total floor area greater than
fifteen hundred (1500) square feet, and which are normally occupied by five
(5) or more employees or which contain conference rooms, meeting rooms or
classrooms, smoking is prohibited, and shall be so designated as required
herein, in at least fifty percent (50 %) of the total floor area. In work
places containing fifteen hundred (1500) or less square feet in total floor
area and which are commonly utilized as conference rooms, meeting rooms or
classrooms, non - smoking employees in such office work places may request that
smoking be prohibited therein and smoking shall be prohibited in the subject
area upon the request being made.
2. In cafeterias, lunchrooms, lounges, or any other areas
provided for the benefit of employees during non - working periods such as meal
periods and normal break periods, non - smoking areas, complete with similar
accommodations as are otherwise provided to employees who smoke in such areas,
shall be provided on an "as needed" basis, upon prior request by affected non-
smoking employees.
Notwithstanding the foregoing provisions, at least twenty -five
percent (25 %) of the seating provided in the areas described above shall be in
a contiguous area designated as a no- smoking area.
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3. Non - smoking employees in office work places who request to
work in a smoke -free area shall be given reasonable consideration by their
employer. However, employees may designate their immediate work area as a no-
smoking area, subject to approval by their employer.
Each employer is authorized to prohibit smoking in any or all areas
within such employer's business.
4. In any dispute arising under the provisions of this Section
17 -43, employers shall make reasonable efforts to accommodate non - smoking
employees. "Reasonable efforts," as that term is used in this paragraph,
shall include, but are not limited to, reference by the employer to relevant
policies adopted by the Chamber of Commerce of the City of Cypress and the
City of Cypress.
Aggrieved employees are encouraged to file written complaints with
their respective employers. Employees who do not receive satisfaction should
then file a written complaint with the City of Cypress.
5. Notice of the provisions of this Section 17 -43 shall be posted
in a conspicuous location in each business within the City of Cypress
containing an office work place.
6. Each business containing office work place areas shall adopt a
written policy incorporating, at minimum, the provisions of this Section 17 -43
and shall advise and make written copies of such policy available to every
employee within thirty (30) days after adoption hereof.
Sec. 17 -44 Smoking Optional. Notwithstanding any other provision of
this article to the contrary, the following areas shall not be subject to the
smoking restrictions of the article:
1. Bars
2. Bingo facilities during the period of time utilized to play bingo.
3. Race track
4. Private residences, except when used as a child care or health care
facility.
5. Hotel and motel rooms rented to guests.
6. Retail tobacco stores.
7. Eating establishments, hotel and motel conference /meeting rooms,
and public and private assembly rooms while these places are being
used for private assembly functions.
8. A private residence which may serve as a place of employment.
9. A private enclosed office workplace occupied exclusively by
smokers, even though such an office workplace may be visited by
nonsmokers.
10. Semiprivate rooms of health facilities occupied by one (1) or more
patients, all of whom are smokers who have requested in writing
in the health care facilities admissions forms to be placed in a
room where smoking is permitted.
11. Notwithstanding any other provision of this section, any owner,
operator, manager or other person who controls a business may
declare that entire business as a nonsmoking establishment.
Sec. 17 -45 Smoking Prohibited. Smoking shall be prohibited in the
following places within the City of Cypress.
1. Elevators
2. Public restrooms
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3. Indoor service lines
4. Retail stores doing business with the general public, except areas
in said stores not open to the public and all areas within retail
tobacco stores.
5. All enclosed areas available to and customarily used by the general
public in all business or non - profit entities patronized by the
public, including, but not limited to, attorney's offices and other
offices, banks, hotels and motels. The intent is to include
non - profit corporations, offices and other facilities maintained by
public agencies which are under the jurisdiction of the city, and
other entities not commonly understood to be business enterprises,
though frequented by the public.
6. Smoking is prohibited and is unlawful in every publicly or
privately owned coffee shop, cafeteria, short -order cafe,
luncheonette, sandwich shop, soda fountain, restaurant, or other
eating establishment serving food whose seating capacity is fifty
(50) or more persons, excluding from that calculation of capacity
any portion of such facility which is located outdoors and any
portion of such facility which is utilized for bar purposes;
provided, however, this prohibition shall not apply to any such
establishment maintaining a contiguous nonsmoking area of not less
than one - quarter of both the seating capacity and the floor space
in which customers are being served, excluding from said
calculations any portion of such facility which is located outdoors
and any portion of such facility which is utilized for bar
purposes; further provided, however, that this prohibition shall
not apply to any closed rooms within any eating establishment
utilized for private functions so long as such room is used for
such private functions. Upon request, patrons shall be seated in a
non - smoking area, if available.
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.
7. In public areas of aquariums, libraries, and museums when open to
the public provided, however, this prohibition does not prevent the
designation of a separate room for smoking.
8. Within any building not open to the sky which is primarily used
for, or designed for the primary purpose of exhibiting any motion
picture, stage drama, lecture, musical recital or other similar
performance, except when smoking is part of a stage production;
provided, however, this prohibition does not prevent designating a
contiguous area containing no more than fifty percent (50 %) of any
area commonly called a lobby as a smoking area.
9. Within every room, chamber, place of meeting or public assembly,
including school buildings under the control of any board, council,
commission, committee, including joint committees, or agencies of
the City or any political subdivision of the State during such time
as a public meeting is in progress.
10. Waiting rooms, hallways, wards and semiprivate rooms of health
facilities, including but not limited to, hospitals, clinics,
physical therapy facilities, doctors' and dentists' offices, except
in separate designated smoking areas.
11. In bed space areas utilized for 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.
12. 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 nonsmoking establishment.
Sec. 17 -46 Posting of Signs
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"Smoking" no "No Smoking" signs, whichever are appropriate, with
letters of not less than one inch (1 ") in 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 where
smoking is regulated by this chapter by the owner, operator,
manager or other person having control of such building or other
place.
Every theater owner, manager or operator shall post signs
conspicuously in the lobby stating that smoking is prohibited
within the theater or auditorium, and in the case of motion picture
theaters, such information shall be shown upon the screen for at
least five (5) seconds prior to the showing of each feature motion
picture.
Every restaurant will have posted at its entrance a sign clearly
stating that a nonsmoking section is available, and every patron
shall be asked as to his or her preference.
Sec. 17 -47 Exemptions
Such exemption shall be granted only if the City Manager or his
designee finds from the evidence presented that due to such unusual
circumstances, the failure to comply with the provisions for which
the exemption is requested will not result in a danger to health or
annoyance, inconvenience, or discomfort to nonsmoking members of
the public.
Sec. 17 -48
1. It shall be unlawful to smoke in any area posted as a
non - smoking area.
2. It shall be unlawful to willfully mutilate or destroy any signs
required by this chapter.
3. Violation of any of the provisions of this Chapter shall be
deemed an infraction. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as follows: 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 one year;
c.) a fine not exceeding five hundred dollars ($500.00) for each
additional violation of the same ordinance within one year. The
provisions of this Chapter shall not be construed as permitting conduct
not prescribed herein and shall not affect the enforceability of any
other applicable provisions of law.
Sec. 17 -49 Civil Remedies Available.
A violation of any of the provisions of this article shall also
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.
Sec. 17 -50 Severability.
The City Council declares that, should any provision, section,
paragraph, sentence or word of this Article be rendered or declared
invalid by any final court action in a court of competent jurisdiction,
or by reason of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences and words of this Article shall remain
in full force and effect.
SECTION 2. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published as required by law.
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FIRST READ at the regular meeting of the City Council of said
City held on the 13th day- of July 1987, and finally adopted and .
ordered posted at a regular meeting held on the 29th day of July 1987.
ATTEST:
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/7I`y 7
CITY CLERK OF g"C TY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE
SS
MAY 1/ OF THE ITY OF PRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at an adjourned
regular meeting of the said City Council held on the 29th day of July
1987; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CIT CLERK TF THE CI OF CYPRESS
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