Ord 89ORDINANCE NO. 89
AN ORDINANCE AMENDING THE POWAY CODE
OF REGULATORY ORDINANCES RELATING TO
PROHIBITION OF SMOKING IN CERTAIN
PUBLIC AREAS
The City Council of the City of Poway does ordain as
follows:
Section 1. Section 32.801 of the Poway Code of
Regulatory Ordinances is hereby amended to read:
Section 32.801. PURPOSE OF CHAPTER. 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 article is to
prohibit the smoking of tobacco, or any other weed or plant,
in public places and places of employment, except in
designated smoking areas.
Section 2. Section 32.802 of the Poway Code of
Regulatory Ordinances is hereby amended to read:
Section 32.802. DEFINITIONS. (a) "Smoke" or
"smoking" as defined in this chapter shall mean and include
the carrying of a lighted pipe, or the lighting of a pipe,
cigar or cigarette of any kind.
(b) "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, retail stores,
retail service establishments, retail food production and
marketing establishments, restaurants, theatres, waiting
rooms, reception areas, educational facilities, health
facilities and public transportation facilities. A private
residence is not a "public place".
(c) "Place of employment" shall mean 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 work areas, employee lounges,
conference rooms, and employee cafeterias. A private
residence is not a "place of employment".
Section 3. Section 32.803 of the Poway Code of
Regulatory Ordinances is hereby amended to read:
Section 32.803. PROHIBITIONS. No person shall smoke
in a public place or place of employment, except in
designated smoking areas.
Page 1
Introduced and first read at a regular meeting of the
City Council of the City of Poway held the 15th day of
March 1983, and thereafter PASSED AND---~UUPTED at
a regular meeting of said City Council held the 22nd day of
March , 1983, by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: EMERY, KRUSE, TARZY, SHEPARDSON
COUNCILMEMBERS: 0RAVEC
COUNCILME~BERS: NONE
MARY L. ~F ,
Marjo~ie\~K. Wahlsten, City Cler~
Page 4
Section 4. Section 32.804 of the Poway Code of
Regulatory Ordinances is hereby amended to read:
Section 32.804. DESIGNATION OF SMOKING AREAS. (a)
Smoking areas may be designated in public places and places
Of employment by proprietors or other persons in charge
except in retail stores, retail service establishments, food
markets, public conveyances, theatres, auditoriums,
pharmacies, libraries, museums or galleries which are open
to the public or any other place where smoking is prohibited
by law, ordinance or regulation. Where smoking areas are
designated, existing physical barriers and ventilation
systems shall be used to minimize the toxic effect of smoke
in adjacent nonsmoking areas. It shall be the
responsibility of employers to provide smoke-free areas for
nonsmokers to the maximum extent possible within existing
facilities. Restaurants covered by the provisions of this
article shall designate an adequate amount of seating
capacity to sufficiently meet the demands and shall inform
all patrons that a no smoking section is provided.
Section 5. Section 32.805 of the Poway Code of
Regulatory Ordinances is hereby amended to read:
Section 32.805. OPTIONAL PROHIBITION. Ail managers
and owners of any establishments serving or doing business
with the public may at their discretion post "No Smoking"
signs within various areas of their businesses and utilize
the full right of the provisions of this chapter. No public
place other than the ones enumerated in Section 32.808 shall'
be designated as smoking area in its entirety.
Section 6. Section 32.806 of the Poway Code of
Regulatory Ordinaces is hereby amended to read:
806. POSTING OF SIGNS. Signs which
or no smoking areas established by this
clearly, sufficiently, and conspicuously
oom, building, or other place so covered by
~-smoking signs shall be specifically placed
productions and marketing establishments,
'y stores and supermarkets open to the
~re clearly visible to persons upon entering
y visable to persons in checkout lines, and
to persons at meat and produce counters.
~uch posting including the wording, size,
nd place of posting whether on the walls,
doors, tables, counters, stands or elsewhere shall be at the
discretion of the owner, operator, manager, or other person
having control of such room, building or other place so long
as clarity, sufficiency, and conspicuousness are apparent in
communicating the intent of this chapter.
Section 32.
designate smokin~
chapter shall b~
posted in every
this chapter.
in retail food
including groce]
public, so they
the store, clear]
clearly visible
The manner of
color, design,
Page 2
Section 7. Section 32.808 of the Poway Code of
Regulatory Ordinances is hereby amended to read:
Section 32.808. EXCEPTIONS. (a) Individual 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,
jails, bars, and stores that deal exclusively in tobacco
products and accessories.
(b) Restaurants or eating establishments with a
seating capacity of less than 20 persons. Those with a
seating capacity of less than 20 shall have the option of
designating a no-smoking section or allowing or prohibiting
smoking throughout the establishment.
(c) Any owner or manager of a business or other
establishment subject to this ordinance may apply to the
City for an exemption or modification of the provisions of
this chapter due to unique or unusual circumstances or
conditions.
Section 8. Section 32.809 of the Poway Code of
Regulatory Ordinances is hereby amended to read:
Section 32.809. ENFORCEMENT AND APPEAL. (a) The
City Council shall be responsible for compliance with this
chapter when facilities which are owned, operated or leased
by the City of Poway are involved.
(b) The owner, operator or manager of any facility,
business or agency within the purview of this chapter shall~
comply herewith. Such owner, operator or manager shall post
or cause to be posted all "No Smoking" signs required by
this chapter. Such owner, operator or manager shall not
allow service to any person who violates this chapter by
smoking in a posted "No Smoking" area.
(c) It shall be the responsibility of employers to
disseminate information concerning the provisions of this
chapter to employees.
Section 9. This Ordinance shall take effect and be
in force thirty (30) days after the date of its passage; and
before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and
members voting for and against the same in the Poway News
Chieftain, a newspaper of general circulation published in
the County of San Diego.
Page 3