HomeMy WebLinkAbout18 SMOKING ORDINANCE 07-18-94,%0. 18
7-i~-9£
July 11, 1994
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
CITY ATTORNEY
REVISED SMOKING ORDINANCE
Enclosed is the revised smoking ordinance proposed by
Councilmember Worley. This ordinance would prohibit smoking in any
City owned, operated or leased facility. Further, it would add
retail sales and retail service establishments to the places where
owners and operators of such establishments must designate
nonsmoking areas. No substantive changes are made to existing
provisions regarding restaurants.
We have also enclosed a copy of AB 13, that is presently
pending before the Governor. If the Governor signs this
legislation, it will become effective January 1, 1995 (unless it is
superseded in its entirety by the smoking initiative measure on the
November ballot). AB 13 would preempt Tustin's ordinance regarding
smoking in places of employment, Dxcept in those places of
employment where smoking is not regulated by state law. The places
of employment not regulated by state law, which could be regulated
by the City, are described on pages 3-6 of AB 13.
If the City Council desires to proceed with the first reading
of this ordinance, and subsequently AB 13 is signed into law, or
the smoking initiative is adopted in November, we will return to
the City Council with an analysis of what is still subject to
regulation by local ordinance. It is certainly possible that AB 13
will be vetoed by the governor and the smoking initiative
disapproved by the voters, which would leave Tustin's ordinance as
the only effective regulation in this area.
,ois E. i')
LEJ:cas :D:07/11/94: {T26)
Enclosures
1134
~ ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING PART 2 OF
3 CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE
REGARDING SMOKING
4
The City Council of the City of Tustin hereby crdains as
5 follows:
6 Section 1. Part 2 of Chapter'l of Article 4 of 5he Tustin
City Code is hereby amended to read as follows:
7
PART 2 SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT AND
8 CITY-OWNED, OPERATED OR LEASED FACILITIES
9 4120 PURPOSE
Because smoking of tobacco, or any other weed or plant, is a
positive danger to health and a cause of material annoyance,
inconvenience, discomfort and a health hazard to those who are
present in confined places, and in order to serve public health,
safety and welfare, the declared purpose of this Part 2 is to
prohibit the smoking of tobacco, or any other weed or plant, in
certain public places and places of employment, except in
designated smoking areas, and to prohibit smoking in City-owned,
operated or leased facilities.
4121 DEFINITIONS
16 For the purpose of this part, the following words and terms
shall have the following meanings:
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(a) "Bar" shall mean any area which is devoted to the serving
18 of alcoholic beverages for consumption on the premises
and in which the serving of food is only incidental to
19 the consumption of such beverages. Although a restaurant
may contain a bar, the term "bar" shall not include the
2o restaurant dining area.
21 (b) "Smoke" or "smoking" shall mean the combustion of
tobacco, weeds or plants, in the form of a cigarette,
22 pipe or cigar and shall include the carrying of a lighted
pipe, lighted cigar or cigarette.
23
(c) "Public place" shall mean any enclosed area to which the
24 public is invited or in which the public is permitted,
other than the ones enumerated in Section 4126 and City-
25 owned, operated, and leased facilities, including but not
limited to, retail food production and marketing
26 establishments, retail stores and retail service
establishments, elevators, restaurants, theaters, waiting
27 rooms, reception areas, educational facilities, healt'
facilities and public transportation faciiisies.
28 private residence is not a public place.
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Or!inance No.
Page 2
(d) "Place of employment" shall mean any enclesed~area unier
the control of a public or private employer/except ~he
City and the places enumerated in Section 4126, ~ich
employees normally frequent during the course k of
employment, including but not limited to work areas,
employee lounges, conference rooms, and employee
cafeterias. A private residence is not a place of
employment.
4122 PROHIBITIONS
(a) No person shall smoke in a public place, or place of
employment, except in designated smoking areas.
(b) No person shall smoke in any City-owned building or
facility leased or operated by the City.
4123 DESIGNATION OF SMOKING AND NONSMOKING AREAS
(a) Except where smoking is prohibited by a proprietor,
smoking and nonsmoking areas shall be designated in public places
and places of employment by proprietors or other persons in charge
and signs shall be posted. Where smoking areas are designated,
existing physical barriers and ventilation systems shall be used to
minimize the toxic effect of smoke on adjacent nonsmoking areas.
However, employers are not required to incur any expense to make
structural or other physical modifications in providing smoking and
nonsmoking areas. Restaurants covered by the provisions of this
part shall designate an adequate amount of seating capacity to
meet the demands of nonsmokers and shall inform all patrons that a
no smoking section is provided.
4124 OPTIONAL PROHIBITION
All managers and owners of any establishments serving or doing
business with the public may at their discretion post "No Smoking"
signs within all areas of their businesses, and utilize the full
rights of the provisions of this part. No public place other than
the ones enumerated in Section 4126 shall be designated as a
smoking area in its entirety.
4125 POSTING OF S~GNS
Signs which designate smoking or no smoking areas shall be
clearly, sufficiently and conspicuously posted in every room,
building, or other place so covered by this part. No smoking signs
shall be specifically placed in retail food production and
marketing establishments, including grocery stores and supermarkets
open to the public, retail sales and retail service establishments
so they are clearly visible to persons upon entering the store,
clearly visible to persons in checkout lines, and clearly visible
to persons at meat and produce counters. The manner of such
posting, including the wording, size, color, design and place of
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3OSLLn[ wkeLher on the walls, doors, tables, counters, stands or
e_sewke're shall be at the discretion of the owner, operator,
r~nager cr other person having control of such room, building or
suher ui~ce so long as clarity, sufficiency and conspicuousness are
apparenn in communicating the intent of this part.
4!2~ EV iEPTIONS
{a Xonsmoking areas are not r~quired to be designated in
indi-:i!ual private offices, hotel and motel meeting and assembly
rooms rented to guests, areas and rooms while in use for private
social functions, private hospital rooms, psychiatric facilities,
~ails, bars, private residences, restaurants with a seating
capaci5V cf less than twenty (20) persons, and establishments
devc5e! tc the exclusive sale of tobacco and tobacco related
~roduc:~.
ih Restaurants with a seating capacity of less than twenty
201 ~erscns shall have the options of designating smoking and
nsnsmck2ng sections, allowing smoking, or prohibiting smoking
nhrcugktut the establishment.
(~ Dmy owner or manager of a business or other establishment
sub[ec5 ~o nhis part may apply to the City Council for an exemption
cr modification of the provisions of this part due to unique c
unusual circumstances or conditions.
4127 Ei?ORCEMENT
(a The Director of Community Services shall be responsible
for ccmuliance with this part when facilities owned, operated or
leased by the City of Tustin are involved. The Director of
Communi%y Development shall provide business license applicants
witk ccuies of this part.
(k The owner, operator or manager of any facility, business
cr agenry within the purview of this part, and not exempt under
Secticn 4126 shall comply with the requirements to designate
smokln{ and nonsmoking areas and to post signs. Such owner,
coeratcr or manager may refuse service to any person who violates
tn~s ~5rn by smoking in a posted "No Smoking" area.
~28 ~-"
__ .=_,ALTIES
~r.v person who violates a provision of this part shall be
gui!ny rf an infraction and, upon conviction, shall pay a fine of
fifn¥ ir!iars ($50.00) for a first violation and a fine of one
kundre! dollars ($100.00) for each additional violation of this
part wa~hin one (1) year.
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-~ASSEi A2;i A. ii_rTED, at a regular meeting of
lin-.' uf lislE:: OX this day of
the City Council
1994.
THOMAS R. SALTARELLI, Mayor
MA-qY E. ;'7v ~
-N.. 2inv Slerk
laiiforxia 1993-94
ATended
o7/o8/94
Regular Session
Page 1
AMENDED IN SENATE JUNE 16, 1994
AMENDED IN SENATE MAY 24, 1994
AMENDED IN SENATE APRIL 6, 1994
AMENDED IN SENATE MARCH 7, 1994
AMENDED IN SENATE AUGUST 30, 1993
AMENDED IN SENATE AUGUST 19, 1993
AMENDED IN SENATE AUGUST 17, 1993
AMENDED IN SENATE JULY 1, 1993
AMENDED IN ASSEMBLY MAY 24, 1993~
AMENDED IN ASSEMBLY APRIL 12, 1993
AMENDED IN ASSEMBLY FEBRUARY 22, 1993
~SEMBLY BILL No. 13
=============================================================================
Introduced by Assembly Member Terry Friedman
(Principal coauthor: Assembly Member Margolin)
{Coauthors: Assembly Members Archie-Hudson, Bates, Caldera,
Gotch, Isenberg, Klehs, and Solis)
(Coauthors: Senators Petris, Torres, and Watson)
Eastin,
December 7, 1992
An act to add Section 6404.5 to the Labor Code, relating to
Tscupational safety and health.
AB 13, as amended, T.
5obacco products.
LEGISLATIVE COUNSEL'S DIGEST
Friedman. Occupational safety and health:
The existing California Occupational Safety and Health Act of 1973,
aiminisnered and enforced by the Division of Occupational Safety and
Health within the Department of Industrial Relations, prohibits any
employer from occupying or maintaining any place of employment that is
not safe and healthful. It also provides, under specified circumstances,
fDr misiemeanor penalties with respect to violations of the act, except
where another penai%y is specifically provided.
This bill would additionally prohibit any employer from knowingly or
CA__~zd~ 13 07/08/94
Page
intentionally permitting, or any person from engaging in, the smoking of
tobacco products in an enclosed space at specified places of employment.
The bill would specify that, for purposes of these provisions, "place of
employment,, does not include certain portions of a hotel, motel, or
other lodging establishments, meeting or banquet rooms subject to
certain exceptions, retail or wholesale tobacco shops, private smoker's
lounges, cabs of motor trucks or truck tractors as specified, bars and
taverns and gaming clubs subject to certain prescribed conditions,
warehouse facilities, theatrical production sites,.and medical research
or treatment sites [A> , employee breakrooms under prescribed
conditions, patient smoking areas in long-term health care facilities,
as defined, and specified smoking areas designated by employers with
fewer than 5 employees <A] . It would also specify that, for purposes of
these provisions, an employer who permits any nonemployee access to his
or her place of employment on a regular basis has not acted knowingly or
intentionally if he or she has taken certain reasonable steps to.prevent
smoking by a nonemplOyee~ [D> It ~:culd allc~ ..... ~ ...........
This bill would also specify that the smoking prohibition set forth
in these provisions shall constitute a uniform statewide standard for
regulating the smoking of tobacco products in enclosed places of
employment, and shall supersede and render unnecessary specified local
ordinances regulating the smoking of tobacco products in enclosed places
of employment.
- This bill would additionally provide that a violation of the smoking
~ ibition set forth in these provisions is an infraction punishable by
~p~cified fines. It would further provide that the smoking prohibition
shall be enforced by local law enforcement agencies, as specified, but
would specify that the division shall not be required to respond to any
complaint regarding a violation of the smoking prohibition, unless the
employer has been found guilty of a 3rd violation of the smoking
prohibition within the previous year. By establishing a new prohibition
the violation of which is, under specified circumstances, an infraction,
this bill would create a new crime and would thereby establish a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
~ct for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
3tare-mandated local program: ~es.
the people of the State of California do enact as follows:
SECTION 1. Section 6404.5 is added to the Labor Code, to read:
6404.5. (a) The Legislature finds and declares that regulation of
~moking in the workplace is a matter of statewide interest and concern.
[t~_is the intent of the Legislature in enacting this section to prohibit
-' ~moking of tobacco products in all (100 percent of) enclosed places
CA AB 13 07/08/94 Page 3
of employment in this state, as covered by this section, thereby
eliminating the need of local governments to enact workplace smoking
restrictions within their respective jurisdictions. It is further the
intent of the Legislature to create a uniform statewide standard to
restrict and prohibit the smoking of tobacco ~roducts in enclosed places
of employment, as specified in this section, in order to reduce employee
exposure to environmental tobacco smoke to a level that will prevent
anything other than insignificantly harmful effects to exposed
employees, and also to eliminate the confusion and'hardship that can
result from enactment or enforcement of disparate local workplace
smoking restrictions. Notwithstanding any other provision of this
section, it is the intent of the Legislature that any area not defined
as a "place of employment" pursuant to subdivision (d) or in which the
smoking of tobacco products is not regulated pursuant to subdivision (e)
shall be subject to local regulation of smoking of tobacco products.
(b) No employer shall knowingly or intentionally permit, and no
person shall engage in, the smoking of tobacco products in an enclosed
space at a place of employment.
(c) For purposes of this section, an employer who permits any
nonemployee access to his or her place of employment on a regular basis
has not acted knowingly or intentionally if he or she has taken the
following reasonable steps to prevent smoking by a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking is prohibited throughout the building or
structure, a sign stating "No smoking" shall be posted at each entrance
to the building or structure.
(B) Where smoking is permitted in designated areas of the building
or structure, a sign stating "Smoking is prohibited except in designated
areas" shall be posted at each entrance to the building or structure.
(2) Has requested, when appropriate, that a nonemployee who is
smoking refrain from smoking in the enclosed workplace.
For purposes of this subdivision, "reasonable steps" does not
include (A) the physical ejectment of a nonemployee from the place of
employment or (B) any requirement for making a request to a nonemployee
to refrain from smoking, under circumstances involving a risk of
physical harm to the employer or any employee.
~//(d) For purposes of this section, "place of employment" does3 not
include any of the following:
(1) Sixty-five percent of the ~uest room accommodations in a hotel,
motel, or similar transient lodgin~ establishment.
(2) Areas of the lobby in a hotel, motel, or other similar transient
lodqing establishment designated for smokinq by the establishment. Such
an establishment may permi~ smoking in a designated lobby area that does
not exceed 25 percent of the total floor area of the lobby or, if the
total area of the lobby is 2,000 square feet or less, that does not
exceed 50 percent of the total floor area of the lobby. For purposes of
~% ~ 13 07/08/94 Page 4
this paragraph, "lobby" means the common public area of such an
essablishment in which registration and other similar or related
transactions, or both, are conducted and in which the establishment's
guests and members of the public typically congregate.
(3) Meetinq and banc~uet rooms in a hotel, motel, o~her transient
~odqinq establishment similar to a hotel or motel, restaurant, or public
convention center, except while food or beveraqe functions are takinq
place, including setup, service, and cleanup activities, or when the
room is being used for exhibit purposes. At times when smoking is not
permitted in such a meeting or banquet room pursuant to this paragraph,
the establishment may permit smoking in corridors and prefunction areas
adjacent to and serving the meeting or banquet room if no employee is
stationed in that corridor or area on other than a passing basis.
(4) Retail or wholesale tobacco shops and private smokers' lounges.
For purposes of this paragraph:
(A) "Private smokers' lounge" means any enclosed area in or attached
to a retail or wholesale tobacco shop that is dedicated to the use of
tobacco products, including, but not limited to, cigars and pipes.
(B) "Retail or wholesale tobacco shop" means any business
establishment the main purpose of which is the sale of tobacco products,
including, but not limited to, cigars, pipe tobacco, and smoking
accessories.
(5) Cabs of motor trucks, as defined in Section 410 of the Vehicle
bode, or truck tractors, as defined in Section 655 of the Vehicle Code,
if no nonsmoking employees are present.
(6) Warehouse facilities. For purposes of this paragraph, "warehouse
facility" means a warehouse facility with more than 100,000 square feet
of total floor space, and 20 or fewer full-time employees working at the
facility, but does not include any area within such a facility that is
utilized as office space.
(7) .Gaminq clubs, in which smokin~ is permitted by subdivision (f).
For purposes of this paragraph, "gaming club" means any gaming club as
defined in Section 19802 of the Business and Professions Code or bingo
facility as defined in Section 326.5 of the Penal Code that restricts
access to minors under 18 years of age.
(8) Bars and taverns, in which smokinq is permitted by subdivision
(f). For purposes of this paragraph, "bar" or "tavern" means a facility
primarily devoted to the serviqg of alcoholic beverages for consumption
by ~uests on the premises, in which the serving of food is incidental.
"Bar or tavern" includes those facilities located within a hotel, motel,
or other similar transient occupancy establishment. However, when
located within a building in conjunction with another use, including a
restaurant, "bar" or "tavern" includes only those areas used primarily
for the sale and service of alcoholic beverages. "Bar" or "tavern" does
nc5 include the dininq areas of a restaurant, reqardless of whether
~!coholic beverages are served therein.
(9) Theatrical production sites, if smoking is an integral part of
CA AB 13 07/08/~4 Page 5
the story in the theatrical production.
(10) Medical research or treatmenE siles, if smoking is int~gr~] ta
the research and treatment being conductei.
(11) Private residences, except for ~rivate residences licensed as
family da~ care homes, during the hours cf operation as family day care
homes and in those areas where children are present.
wherc <D]
[A> (12) ~atient smokinq areas in lon~-term health care facilities,
as defined in Section 1418 of the Health and Safety Code. <A]
IA> (13) Breakrooms desiqnated by employers for smoking, provided that <A]
all of the following conditions are met:
(A) Air from the smoking room shall k= exhausted directly to the
outside by an exhaust fan. Air from the smoking room shall not be
recirculated to other parts of the building.
(B) The employer shall comply with any ventilation standard or other
standard utilizing appropriate technology_-, including, but not limited
to, mechanical, electronic, and biotechnlcal systems, adopted by the
Occupational Safety and Health Standards 3oard or the federal
Environmental Protection Agency. If both adopt inconsistent standards,
the ventilation standards of the Occupational Safety and Health
Standards Board shall be no less stringen~ [D> that <D] [A> than <A] the
standards adopted by the federal Environmental Protection Agency.
(C) The smoking room shall be located in a nonwork area where no
one, as part of his or her work responsikilities, is required to enter.
For purposes of this paragraph, "work re-=ponsibilities" does not include
any custodial or maintenance work carried out in the breakroom when it
is unoccupied.
(D) There are sufficient nonsmoking kreakrooms to accommodate
nonsmokers. ·
ID> (2) This subdivision <D]
[A> (14) Employers with a total of five or fewer employees, either
full-time or part-time, may permit smokinu where all of the followinq
~onditions are met: <A]
[A> (A) The smoking area is no~ accessible to minors. <A]
[A> (B) Ail employees who enter the smoking area consent to permit
smoking. No one, as part of his or her wcrk responsibilities, shall be
required to work in an area where smoking is permitted. An employer who
is determined by the division to have use~ coercion to obtain consent or
who has required an employee to work in ~he smoking area shall be
subject to the penalty provisions of Secsion 6427. <A]
[A> (C) Air from the smoking area shall ke exhausted directly to the
C~ AB 53 07/08/94 Page 6
outside by an exhaust fan. Air from the smoking area shall not be
recirculated 50 other parts of the building. <A]
[A> (D) The employer shall comply with any ventilation standard or other
standard utilizing appropriate technology, including, but not limited
to, mechanical, electronic, and biotechnical systems, adopted by the
Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent standards,
the ventilation standards of the Occupational Safety and Health
Standards Board shall be no less stringent than the standards adopted by
the federal Environmental Protection Agency. <A]
[A> This paragraph shall not be construed to (i) supersede or render
inapplicable any condition or limitation on smoking areas made
applicable to specific types of business establishments by any other
paragraph of ~his subdivision or (ii) apply in lieu of any otherwise
applicable paragraph of this subdivision that has become ~noperative.
[A> (e) Paragraphs (13) and (14) of subdivision (d) <A] shall not be
construed to require employers to provide reasonable accommodation to
smokers, or to provide breakrooms for smokers or nonsmokers.
(f) (1) Except as otherwise provided in this subdivision, smoking
may be permitted in gaming clubs, as defined in paragraph (7) of
subdivision (d), and in bars and taverns, as defined in paragraph (8)
subdivision (d), until the earlier of the following:
of
(A) January 1, 1997.
(B) The date of adoption of a regulation (i) by the Occupational
Safety and Health Standards Board reducing the permissible employee
exposure level to environmental tobacco smoke to a level that will
prevent anything other than insignificantly harmful effects to exposed
employees or (ii) by the federal Environmental Protection Agency
establishing a standard for reduction of permissible exposure to
environmental tobacco smoke to an exposure level that will prevent
anything other than insignificantly harmful effects to exposed persons.
(2) If a regulation specified in subparagraph (B) of paragraph (1)
is adopted on or before January 1, 1997, smoking may thereafter be
permitted in gaming clubs and in bars and taverns, subject to full
compliance with, or conformity to, the standard in the regulation within
two years following the date of adoption of the regulation. An employer
failin~ to achieve compliance with, or conformity to, such a regulation
within this two-year period shall prohibit smoking in the gaming club,
bar, or tavern until compliance or conformity is achieved. If the
Occupational Safety and Health Standards Board and the federal
Environmental Protection Agency both adopt regulations specified in
subparagraph (B) of paragraph (1) that are inconsistent, the regulations
of the Occupational Safety Standards Board shall be no less stringent
than the regulations of the federal Environmental Protection Agency.
(3) If a regulation specified in subparagraph (B) of paragraph (1)
is not adopted on or before Januar~ 1, 1957, the exemptions specified in
'~ragraphs (7} and (8) of subdivision (d) shall be inoperative on and
~er January 1, 1997, until such a regulation is adopted. Upon adoption
CA AB 13
07/08/94
PaGe 7
of such a regulation on or after January 1, 1997, smokinG may thereafter
be permitted in gaming clubs and in bars and taverns, subject to full
compliance with, or conformity to, the standard in the regulation within
two years followinG ~he date of adoption of the regulation. An employer
failinG to achieve compliance with, or conformity to, such a regulation
within this two-year period shall prohibit smokinG in the Gaming club,
bar, or tavern until compliance or conformity is achieved. If the
Occupational Safety and Health Standards Board and the federal
Environmental Protection AGency both adopt regulations specified in
subparagraph (B) of DaraGraph (1) that are inconsistent, the regulations
of the Occupational ~afety Standards Board shall be no less stringent
than the regulations of the federal Environmental Protection AGency.
(G) The smoking prohibition set forth in this section shall
constitute a uniform statewide standard for regulatinG the smokinG of
tobacco products in enclosed places of employment and shall supersede
and render unnecessary ~he local enactment or enforcement of local
ordinances regulating the smokinG of tobacco products in enclosed places
of employment. Insofar as the smokinG prohibition set forth in this
section is applicable to all (100 percent of) places of employment
within this state and, 5herefore, provides the maximum degree of
coverage, the practical effect of this section is to eliminate the need
of local Governments to enact enclosed workplace smoking restrictions
within their respective jurisdictions.
(h) NothinG in this section shall prohibit an employer from
prohibiting smokinG in an enclosed place of employment for any reason.
~r---- (i) The enactment of local regulation o~ ~G of, tobacco products
~in enclosed places of employment by local Gv ts shall be suspended
only for as lonG as, and to the extent that, the (100 percent) smokinG
prohibition provided for in this section remains in effect. In the event
this section is repealed or modified by subsequent leqislative
judicial action so that the (100 percent) smokinq prohibition is
%onqer applicable to ali enclosed places of employment in Californi.,,
local Governments shall have the full riqht and authority to enforce
previously enacted, and to enact and enforce new, restrictions on the
smokinq of tobacco products in enclosed places of employment within
their jurisdictions, includin~ a complete prohibition of- smokinG.
NotwithstandinG any other provision of this section, any area not
defined as a "place of employment" or in which the smokinG is not
regulated pursuant to subdivision (d) or (e), shall be subject to loca~
regulation of smokin~ of tobacco products.
(j) Any violation of the prohibition set forth in subdivision (b) is
an infraction subject to subdivision (d) of Section 17 of the Penal Code
and, notwithstanding Section lg.8 of the Penal Code, is punishable by a
fine not to exceed one hundred dollars ($100) for a first violation, two
hundred dollars ($200) for a second violation within one year, and five
hundred dollars ($500) for a third and for each subsequent violation
~ithin one year. This subdivision shall be enforced by local law
~nforcement agencies includinG, but not limited to, local health
~epartments, as determined by the local Governing body.
(k) NotwithstandinG Section 6309, the division shall not be required
~o respond to any complaint regarding the smokinG of tobacco products in
?dAB 13 07/08/94 Page 8
an enclosed space at a place of employment, unless the employer has been
found guilty pursuant to subdivision (j) of a third violation of
~ubdivision (b) within the previous year.
(1) If any provision of this act or the application thereof to any
person or circumstances is held invalid, that invalidity shall not
· ffect other provisions or applications of the act that can be given
~ffect without the invalid provision of application, and to this end the
provisions of this act are severable.
SEC. 2. No reimbursement is required by this act pursuant to
~ection 6 of Article XIIIB of the California Constitution because the
~nly costs which may be incurred by a local agency or school district
~ill be incurred because this act creates a new crime or infraction,
:hanges the definition of a crime or infraction, changes the penalty for
crime or infraction, or.eliminates a crime or infraction.
~otwithstanding Section 17580 of the Government Code, unless otherwise
~pecified in this act, the provisions of this act shall become operative
)n the same date that the act takes effect pursuant to the California
~onstitution.
END OF REPORT