Ordinance 1647ORDINANCE N0. 1647
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ANIENDING CHAPTER 10.25
OF THE CUPERTINO MUrfICIPAL CODE TO REGU-
LATE SMOKING IN PUBLIC PLACES
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CUPERTINO:
Section 1 - Amendment
Chapter 10.25 of the Cupertino Municipal Code is
hereby amended in its entirety to read as follows:
Section 10.25.010 - Legislative Findings
The City Council of the City of Cupertino finds
and declares that:
A) There is substantial evidence that smoking is
a major cause of disease among smokers.
B) Second hand smoke presents a public health
risk among non-smokers as well.
C) Smoke from pipes, cigars, and cigarettes is a
highly offensive and a severe nuisance to non-smoking
individuals.
D) Substantial medical evidence indicates that
second hand smoke is a Class-A carcinogen and that
inhalation of tobacco smoke can endanger the health of
nonsmokers.
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E. The City of Cupertino has a substantial
interest in protecting the public health of its citizens
and its visitors.
F. Smoking inside of structures creates a risk
of fire and a danger to public safety.
G. Prevention of smoking in buildings which are
public places with limited exceptions will advance the
goals of public health and safety.
Section 10.25.020 - Compliance Required
A. No person shall smoke where smoking is
prohibited by this Chapter.
B. It shall be unlawful for any person who owns
or controls a building or structure to permit, suffer,
or allow smoking in violation of this Chapter.
C. Owners, operators, property managers, and
officers of homeowner associations for residential
properties are deemed not to be in violation of the
requirements of sub-section B above by posting or
causing to post notices in accordance with the provision
of this Chapter and by notifying violators that their
actions are in violation of the law.
Section 10.25.030 - Definitions
The following words and phrases, whenever used in
this Chapter shall be construed as defined in this
section:
A. "Authorized Smoking Area Ventilation System"
means, a ventilation system which:
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1. Negatively charges the air going into a
room.
2. Has a pre-filter bank with a minimum of
95$ efficiency; and
3. Provides the following minimum number of
exchanges of air under the following circumstances:
a) For rooms with ceilings of 10 feet or
more in height; the number of exchanges as required by
the Uniform Building Code.
b) For rooms less than 10 feet in
height: twice the number of exchanges as required by the
Uniform Building Code.
B. "Bar and/or cocktail lounge" means an area
which is devoted to the serving of alcoholic beverages
for consumption by guests on the premises and which the
servicing of food is only incidental to the consumption
of such beverages, such as bars serving food but to
which persons under 21 are not allowed entry. Although
a restaurant may contain a bar or cocktail lounge, the
term "bar or cocktail lounge" shall not include the
restaurant dining area.
C. "Stand Alone Bar" means a bar or cocktail
lounge which serves alcoholic beverages pursuant to a
type 42, type 48 or type 61 license issued by the
California Alcoholic Beverage Control Department, or any
other type of license issue~9 by the Alcoholic Beverage
Control Department the terms of which prohibit minors
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from entering on the premi:~es and which is physically
separated from other uses i.n the same building.
D. "Bingo Game" me~ins a game conducted by an
operator licensed pursuant to the provision of Chapter
5.32 of this code.
E. "Employment" shill have the same meaning as
in California Labor Code Section 6303(b).
F. "Enclosed" mean:. closed by a roof and four
walls with appropriate openings for ingress and egress.
G. "Physically Separated" means the area is
enclosed by four walls and the doors of which are kept
enclosed except for ingres~~ and egress.
H. "Separate Ventilation System" means a
ventilation system which does not allow the circulation
of air from a Smoking Area into a Smoke Free area.
I. "Smoke" or "Smote:ing" means and includes the
combustion of any weed plant or other combustible in
material, a lighted pipe, lighted cigar or lighted
cigarette of any kind or tY'ie lighting of such material
in a pipe, cigar or cigarette of any kind, or any
similar article in any manr.~er or any form.
J. "Smoke Free Area." means any location in which
smoking is prohibited by tr~is Chapter.
K. "Standard for Authorized Smoking Area" means
an area inside of a buildir.~g which meets one of the
following criteria:
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1) Physically ~~eparated from a Smoke Free
Area and has a Separate Ver.~tilation System, or
2) Located in a separate area from a Smoke
Free Area and which has an authorized Smoking Area
Ventilation System.
Area Ventilation System
10.25.040 - General Prohibition
Smoking is prohibited in the following areas
located within the City of Cupertino except as provided
in Section 10.25.050:
A. Buildings and Structures All enclosed areas
of buildings which are opera to the public or which are
places of employment including, but not limited to,
office work places, waiting rooms, restaurants, banks,
educational facilities, transportation facilities,
retail stores, retail services establishments,
elevators, theatres, health. facilities, public restrooms
and the like.
B. Public and Common Areas of Multi-family
Residential Areas All enclosed areas of apartments and
condominiums which are open. to the public access or to
unrestricted common access by the residences of such
areas.
C. Motor Vehicle Use in Employment In motor
vehicles which meet one of the following criteria:
1. Common carriers for public transit.
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2. Vehicles for hire except for vehicles which
contain a physical barrier or screen between passengers
and the driver.
3. Vehicles which sire operated in the course of
employment for the use of more than one person at a time
during the time of employmE~nt.
D. Hotel and Motel Guest Rooms The enclosed
areas of at least 50~ of tr-e guest rooms located in a
hotel or motel. To the greatest extent feasible, the
Smoke Free Rooms shall be grouped together to each other
and separated from rooms wr~ere smoking is permitted.
E. Stadium and Sports Facilities The seating
and eating areas of any outdoor stadium or sports
facility. Smoking may be ~~ermitted only in specified
designated areas which are not located in close
proximity to seating or eating areas.
10.25.050 - Exceptions
Smoking is permitted in the following locations:
A. Stand alone bars.
B. Bars and cocktail lounges connected to other
uses where the bar or cocktail lounge meet the standard
for authorized smoking area..
C. Private residences, except where state or
federal law prohibit smoking.
D. Retail tobacco stores which sell primarily
tobacco products.
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E. Meeting and banquet rooms which meet the
standard for authorized smoking area in restaurants,
hotels, motels and other places of assembly which are
being used for private functions, such as Bingo games,
when the person who reserves the place has requested to
have smoking allowed.
F. Outdoor areas of Restaurants.
G. On a stage in a theatre during a theatrical
performance where a performer is smoking when smoking is
part of the performance.
H. Any property owned or used by any other
governmental agency which is used for governmental
purposes.
10.25.060 - Retaliation Prohibited
It shall be unlawful for any person to take any
retaliatory action against any person who has asserted a
right to a smoke free environment under the provisions
of this Chapter.
10.25.070 - Posting of Signs and Notices
A. "No Smoking" signs, with letters of not less
than one inch 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 conspicuo~zsly posted in every building
or other place where smokin~~ is prohibited by the
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provisions of this Chapter by the owner, operator,
manager or other person ha~~ing control of such building
or other place.
B. In any building where smoking is partially
permitted, "no smoking signs" shall be placed in the
lobby or in a conspicuous ~~lace near each entrance to
the building stating that ;smoking is prohibited in the
building except in the are~is designated as smoking
areas.
C. Movie theatres :ohall indicate on the movie
screen prior to each feature motion picture that smoking
is prohibited.
10.25.080 - Enforcement
Enforcement of this Chapter shall be implemented
by the City Manager or his/her designees. Any citizen
who wishes to register a complaint under this Chapter
may initiate enforcement with the City Manager or
his/her designees. Any owner, operator, or employee of
any establishment regulated by this Chapter shall have
the right to inform persons violating this Chapter of
the appropriate provisions thereof.
10.25.090 - Penalties
Any person who violates any provision of this
Chapter shall be guilty of an Infraction punishable as
provided in Chapter 1.12 of this Ordinance Code.
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10.25.100 - Severability
If any provision, clause, sentence, or paragraph
of this Chapter or the application thereof to any person
or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this are
declared to be severable.
Section 2 -• Publication
The City Clerk shall cause this ordinance to be
published at least once in a newspaper of general
circulation published and circulated in the City within
fifteen (15) days after its, passage, in accordance with
Section 36933 of the Goverr.~ment Code; shall certify to
the adoption of this ordinance and shall cause this
ordinance and her certification, together with proof of
publication, to be entered in the Book of Ordinances of
the Council of this City.
INTRODUCED at a regular meeting of the City
Council of the City of Cupertino this 18th day of
April , 1994, and ENACTED at a regular meeting of the
City Council of the City of Cupertino this 2nd day of
~y , 1994, by they following vote:
Vote:
Members of the City Council:
Ayes: Bautista, Burnett, Dean, Sorensen, Koppel
Noes : None
Absent : None
Abstain: None
ATTEST: APPROVED:
/s/ Kim Marie Smith /s/ Barb Koppel
City Clerk M~iyor, City of Cupertino