ORDINANCE 1140ORDINANCE NO. 1140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, ADDING A NEW
CHAPTER 6.24 TO TITLE 6 OF THE EL SEGUNDO
MUNICIPAL CODE REGULATING SMOKING IN PUBLIC
AREAS AND WORK PLACES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.24 is hereby added to Title 6 of
the E1 Segundo Municipal Code to read as follows:
Title 6
HEALTH AND SANITATION
Chapter 6.24
SMOKING REGULATED OR PROHIBITED
sections:
6.24.010 Purpose and Findings
6.24.020 Definitions
6.24.030 Smoking Prohibited
6.24.040 Regulation of smoking in places of employment
6.24.050 Regulation of smoking in eating establishment
6.24.060 Exemptions
9.18.070 Posting of signs
6.24.080 Violations
6.24.090 Nonretaliation
6.24.010 PURPOSE AND FINDINGS. The City Council hereby
finds that the smoking of tobacco, or any other weed or plant, is
a danger to health and a material annoyance, inconvenience,
discomfort and a 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 6.24 is to prohibit
the smoking of tobacco, or any weed or plant, in public places
and places of employment as stated and required in this Chapter
6.24.
6.24.020 DEFINITIONS. For the purposes of this Chapter the
following words and phrases shall when used in this Chapter have
the meaning respectively ascribed to them by this section:
(a) Bar shall mean an establishment which is devoted to
serving of alcoholic beverages and which does not serve
meals.
(b) Employee shall mean any person who is employed by any
employer in consideration for monetary compensation or
profit.
(c) Employer shall mean any person, partnership,
corporation, including municipal corporation, who
employs the services of more than five persons.
(d) Enclosed shall mean closed in by a roof and walls with
appropriate openings for ingress and egress and is not
intended to mean areas commonly described as public
lobbies.
(e) Place of employment or work place shall mean any
enclosed area of a structure or portion thereof under
the control of a public or private employer which
employees normally frequent during the course of
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employment, including, but not limited to, work areas,
employee lounges, conference rooms, and employee
cafeterias. A private residence is not a place of
employment.
(f) Public Place shall mean any enclosed area to which the
public is invited or in which the public is permitted,
including but not limited to: banks, educational
facilities, health facilities, public transportation
facilities, reception areas, lobbies, restaurants,
retail food production and marketing establishments,
retail service establishments, retail stores, theatres,
waiting rooms, offices, auditoriums, classrooms,
conference and meeting rooms. A private residence is
not a public place.
(g) Smoke or Smoking shall include the carrying or holding
of a lighted pipe, cigar or cigarette of any kind, or
any other lighted smoking equipment or the lighting or
emitting or exhaling the smoke of a pipe, cigar or
cigarette of any kind.
6.24.030 SMOKING PROHIBITED. It shall be unlawful to smoke
in the following places:
(a) Any city -owned or city- operated vehicle;
(b) Any public place, or in any similar enclosed area in
city owned or private buildings generally used by and
open to the public, including, but not limited to,
elevators and public restrooms.
6.24.040 REGULATION OF SMOKING IN PLACES OF EMPLOYMENT.
A. It shall be the responsibility of employers to provide
smoke -free areas for nonsmoking employees 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. Within 90 days of the effective date of this ordinance,
each employer shall adopt, implement and maintain a written and
posted smoking policy which shall contain at a minimum,
provisions related to the following:
(a) Provision and maintenance of a contiguous no smoking
area of not less than one -half of the seating capacity
and floor space in employee lounges, cafeterias, and
lunchrooms with a seating capacity of ten (10) or more.
Employee lounges, cafeterias and lunchrooms with a
seating capacity of less than ten (10) would be
designated as nonsmoking.
(b) Any employee in an office or similar workplace of more
than five (5) employees shall be given the right to
designate his or her individual and immediate work area
as a nonsmoking area and to post it with appropriate
sign(s).
(c) Smoking shall be prohibited in all common workplaces in
a place of employment, unless every person who works in
that workplace is a smoker.
C. In any dispute arising under the smoking policy, the
rights of the nonsmoker shall be given precedence.
D. This section is not intended to regulate smoking in the
following places and under the following conditions:
(a) A private home which may serve as an office workplace.
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(b) Any property owned or operated by other governmental
agencies.
E. An employer who makes reasonable efforts to develop and
promulgate a policy regarding smoking and nonsmoking in the work
place shall be deemed to be in compliance with paragraph B above,
provided that a policy which designates an entire work place as a
smoking area shall not be deemed in compliance with this
paragraph.
F. Notwithstanding the above, every employer shall have
the authority to designate any work area as a nonsmoking area.
G. The smoking policy shall be communicated to all
employees within three (3) weeks of its adoption.
H. All employers shall supply a written copy of the
smoking policy upon request to any existing or prospective
employee.
6.24.050 REGULATION OF SMOKING IN EATING ESTABLISHMENTS.
Every publicly or privately owned coffee shop, cafeteria,
luncheonette, sandwich shop, soda fountain, restaurant, or other
eating establishment serving food and /or any alcoholic beverage
to the general public whose occupied capacity is more than forty
(40) persons shall provide and maintain a nonsmoking area of at
least fifty percent (50 %) of the seating capacity. Every
publicly or privately owned coffee shop, cafeteria, luncheonette,
sandwich shop, soda fountain, restaurant, or other eating estab-
lishment serving food and /or any alcoholic beverage to the
general public whose occupied capacity is less than forty (40)
persons shall post a sign in a prominent place near the entrance
of such establishment stating either that the establishment
allows smoking or prohibits smoking. Excluded from the
calculation of occupied capacity herein shall be those portions
of such establishments which are located outdoors.
6.24.060 EXEMPTIONS. The following establishments are
hereby exempted from smoking restrictions under this chapter:
(a) Bars;
(b) Banquet rooms used for private functions;
(c) Buildings owned or leased by county, state, and federal
government agencies;
(d) Private homes which serve as offices.
6.24.070 POSTING OF SIGNS. Whenever in this code smoking
is prohibited, conspicuous signs shall be posted so stating with
letters of not less than one inch in height on a contrasting
background, or an international "no smoking" symbol, a red circle
with a diagonal bar across it, be clearly and conspicuously
posted. It shall be 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.
6.24.080 VIOLATIONS. Violation of any provision of this
Chapter shall be an infraction, punishable as provided in this
Code by (1) a fine not exceeding fifty dollars for a
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first violation; (2) a fine not exceeding one hundred dollars for
a second violation of the same section of this Code or Ordinance
within one year; (3) a fine not exceeding two hundred fifty
dollars for each additional violation of the same section of this
Code or Ordinance within one year.
6.24.090 NONRETALIATION. No person or employer shall
discharge, or in any manner retaliate against any employee or
applicant for employment because such employee or applicant
exercises any rights afforded by this section.
SECTION 2. If any section, subsection, sentence, clause,
phrase or word of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of the ordinance. The E1 Segundo City
Council hereby declares that it would have passed this ordinance
and each and every section, subsection, sentence, clause, phrase
or word not declared invalid or unconstitutional without regard
to whether any portion of the ordinance would be declared subse-
quently invalid or unconstitutional.
SECTION 3. This ordinance shall become effective at
midnight on the thirtieth day from and after the date of the
final passage and adoption thereof.
SECTION 4. City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said city; shall make a minute
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted; and shall within fifteen
days after the passage and adoption thereof, cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper of
general circulation, published and circulated within said City of
E1 Segundo and which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 16th day o
MAY , 1989.
ayor of 6 City of El Segundo,
California
AT
City Clerk (SEAL)
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart City Clerk of the City of E1 Segundo,
California, DO HEREBY CERTIFY that the whole number of members of
the City Council of the said City is five; that the foregoing
ordinance, being Ordinance No. 1140 is a full, true correct
original of Ordinance No. 1140 of the said City of E1 Segundo,
California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADDING A NEW CHAPTER 6.24 TO TITLE 6 OF THE EL SEGUNDO
MUNICIPAL CODE REGULATING SMOKING IN PUBLIC AREAS AND
WORK PLACES.
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said City, and attested by
the City Clerk of said City, all at a regular meeting of the said
Council held on the 16th day of MAY 1989 and the same was so
passed and adopted by the following vote:
AYES: Councilmembers: Anderson, Dannen, West,
Clutter.
NOES: Mayor Jacobson
ABSENT: None
I do hereby further certify that pursuant to the provisions
of Section 36933 of the Government Code of the State of
California, that the foregoing Ordinance No. 1140 was duly and
regularly published according to law and the order of the City
Council of said City of E1 Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within
said City and that the same was so published therein on the
following date, to wit: k\
City Clerk of the
(SEAL) City of E1 Segundo, California