Chapter 9.11 SMOKING POLLUTION CONTROL

The board of supervisors of the county of Madera find as follows:
A. The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution, and the Surgeon General’s 1986 report on the Health Consequences of Involuntary Smoking concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, bronchoconstriction and bronchospasm. While all members of the population are truly at increased risk due to exposure to second-hand tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders, including asthmatics and those with obstructive airway disease and cardiovascular disease.
B. The U.S. Surgeon General labels smoking “the largest single preventable cause of death and disability for the U.S. population.”
C. A recent scientific study has reported that second-hand smoke from tobacco may cause a significant amount of cardiovascular disease in the United States and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with second-hand smoke.
D. Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment as well as costly maintenance and repairs to furniture and fixtures.
E. The health care costs produced by smoking-related ailments and diseases constitute heavy and avoidable financial drain on our community.
F. Opinion surveys show that a majority of the residents of Madera favor restriction on smoking in areas accessible to the general public.
G. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in a serious and significant physical discomfort of nonsmokers and constitutes a public nuisance.
H. Research concludes that exposure to second-hand smoke is the third leading cause of preventable death, after smoking and alcohol.
I. Second-hand smoke has been found by E.P.A. to be a known carcinogen.
J. The U.S. Surgeon General has concluded that children exposed to second-hand smoke have more respiratory infections and lung problems than children who are not exposed to secondary smoke.
K. Numerous government and privately sponsored scientific studies have concluded that approximately forty thousand deaths per year occur from lung cancer, other cancer and heart disease due solely to exposure to second-hand smoke. Accordingly, the board of supervisors declares that the purpose of this chapter is to protect the health, safety and general welfare of the residents of, persons employed in, and persons who frequent the county who would benefit by the regulation of smoking, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. (Ord. 550 § 1(part), 1993).

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Bar” means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. When a bar is operated within a building in conjunction with another use, such as a restaurant, only the area utilized primarily for the consumption of alcoholic beverages shall constitute the bar. The dining area of a restaurant utilized primarily for the serving and consumption of food shall not constitute a bar, even though alcoholic beverages may be served therein.
“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 where legal, medical, dental, engineering, architectural or other professional services are performed or 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 consideration for direct or indirect monetary wages or profit.
“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping, or similar structures.
“Members of the general public” means shoppers, customers, patrons, patients, students, clients and other similar invitees of a business, nonprofit entity or the public agency; and excluding employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise or services to a business, nonprofit entity or public agency.
“Nonprofit entity” means any corporation, unincorporated association, or other entity created for charitable, educational, 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 “nonprofit entity” within the meaning of this section.
“Place of employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to:
1. Work areas;
2. Conference and classrooms;
3. Employee cafeterias;
4. Employee lounges and restrooms; and
5. Hallways.
“Private function” means any function to which members of the general public are not invited.
“Public place” means any enclosed area, not a private residence, to which members of the general public are invited or in which they are permitted, including, but not limited to:
1. Banks;
2. Child care facilities;
3. Educational facilities;
4. Health care facilities;
5. Public transportation facilities;
6. Recreational facilities;
7. Restaurants;
8. Retail stores;
9. Retail service establishments;
10. Retail food production and marketing establishments; and
11. Waiting rooms.
“Recreational facilities” means sports pavilions, gymnasiums, exercise rooms, health spas, boxing areas, swimming pools, roller and ice-skating rinks and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.
“Restaurant” means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term “restaurant” shall not include a cocktail lounge or tavern if the cocktail lounge or tavern is a “bar” as defined in this chapter.
“Service Line” means any indoor line at which one or more persons are waiting for or receiving service of any kind whether or not such service involves the exchange of money.
“Smoking” means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant or other ignited combustible substance in any manner or in any form.
“Tobacco store” means any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

A. Smoking shall be prohibited in all enclosed public places within the unincorporated portion of the county of Madera, including, but not limited to the following places:
1. Elevators and restrooms;
2. Buses, taxicabs and other means of public transit operated by or licensed by the county. Smoking may be allowed in waiting areas of public transit terminals in designated areas. In such facilities seventy-five percent of the facility shall be designated as smoke-free. The prohibitions contained in this section shall be applicable to depots and other terminals utilized by members of the general public for the purpose of being transported upon or departing from airplanes, trains, buses and taxis;
3. Service lines;
4. Retail stores, except areas in such stores not open to the public and all areas within retail tobacco stores;
5. Retail food marketing establishments, including grocery stores and supermarkets, except those areas not open to members of the general public which may be otherwise regulated by this chapter;
6. All areas available to and customarily used by members of the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels;
7. Restaurants, except as provided in subsection (A)(8) of Section 9.11.060;
8. Theaters. The prohibitions contained in this section shall be applicable to theaters, including motion picture theaters, meeting halls and auditoriums where motion pictures or live theatrical, musical or dramatic productions are made to an audience consisting of members of the general public assembled for the purpose of witnessing the performance or presentation; provided that this section shall not be construed to prevent smoking by performers in connection with a stage production or by persons making a presentation concerning addiction to tobacco or other drugs;
9. Recreational facilities. The prohibitions contained in this section shall be applicable to enclosed areas of recreational facilities, including bowling alleys and bowling centers, except as provided in subsection (A)(7) of Section 9.11.060. Smoking is prohibited at all times within the seating areas of an enclosed sports arena and in the surrounding open concourse where food and beverages are dispensed;
10. Any building not open to the sky which is used primarily as a museum or for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production;
11. Every room, chamber and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee or agencies of the county or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the county of Madera;
12. Doctors’ offices, dentists’ offices, waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics and physical therapy facilities. In bed space areas of health facilities used 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;
13. Hospitals. The prohibitions contained in this section, shall be applicable to hospitals, rest and convalescent homes, medical clinics, physical therapy facilities and other places where medical, dental, psychiatric or counseling services are delivered to members of the general public. Operators of facilities treating psychiatric or chemically impaired patients may permit smoking by patients in designated areas provided the medical director of such facility has determined in writing that the practice is beneficial for the recovery or treatment of such patients and that the practice will not interfere with the recovery and treatment of nonsmoking patients, and provided that adequate nonsmoking areas are made available for nonsmoking patients. This section shall not be construed to prevent smoking in locations or otherwise under conditions in which smoking is expressly authorized by or under statutes or administrative regulations applicable to such licensed facilities;
14. Polling places;
15. Schools. The prohibitions shall be applicable to any school or educational institution operated by a business, public agency or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural skills;
16. Day Care and Group Home Facilities. The prohibitions contained in this section shall be applicable to private residences during the time when such residences are operated as licensed or unlicensed day care group home facilities for children or the elderly or as a licensed or unlicensed healthcare facility.
B. 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. Further provided that, notwithstanding this chapter, the owner or person who controls such establishment may, but is not required to, set aside in any facility described in this section, a separate room with walls and doors reasonably impermeable to tobacco smoke for use as an employee lounge or break room where smoking may be permitted. (Ord. 550 § 1(part), 1993).

A. Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1. Bars;
2. A private residence, including an attached or detached garage, whether or not the residence is utilized for office or other business purposes, except when such residence is operated as a licensed or unlicensed day care or group home facility for children or the elderly or as a licensed or unlicensed health care facility;
3. Hotel and motel rooms rented to guests;
4. Tobacco stores, whether operated as a separate business entity or as a physically separated facility within a department store or other business entity;
5. Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded;
6. Within conference/meeting rooms, public and private assembly rooms, banquet rooms, dining rooms or common areas of restaurants, hotels and motels, while these places are occupied for private functions which only persons specially invited are entitled to attend and from which members of the general public are excluded;
7. Bowling alleys and bowling centers which have complied with the requirements of Section 9.11.070 (C);
8. Restaurants which have complied with the requirements of Section 9.11.070 (C);
9. Card rooms licensed by the county of Madera.
B. 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, or any portion thereof, as a nonsmoking establishment. (Ord. 550 § 1(part), 1993).

A. “Smoking” or “no smoking” signs, whichever are appropriate, 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 conspicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place.
B. Every theater owner, manager or operator shall conspicuously post signs in the theater’s 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 seconds prior to the showing of each feature motion picture.
C. Pursuant to subsections (A)(7) or (A)(8) of Section 9.11.060, a bowling alley or bowling center or restaurant shall be exempt from the smoking restrictions of this chapter if the owner, operator, manager or other person having control of such facility:
1. Determines that the facility primarily is frequented by smokers even though such a place may be visited by nonsmokers; and
2. Posts and maintains signs at all public entrances stating “this facility permits smoking and has declared itself exempt from the requirements of the Madera County smoking pollution control ordinance” in letters of not less than two inches in height. (Ord. 550 § 1(part), 1993).