Ord 1445 - REGULATING SMOKINGORDINANCE NO. 1445
ORDINANCE OF THE TOWN OF LOS GATOS
REGULATING SMOKING
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION 1.
Section 17 -6 of the Los Gatos Town Code is amended
to read:
Sec tion 17 -6 Sm in Public Plac and
Places of Emp loyment �-
(a) Elevators
Smoking is prohibited in elevators in buildings
generally used by and open to the public.
(b) Public Meetings
Smoking is prohibited during public meetings
except in lobbies. A public meeting occurs
whenever public business is conducted by any
elected or appointed official, committee,
commission, council or board under circumstances
requiring or permitting direct participation or
observation by the general public.
(c) Health Facili
Smoking is prohibited in all public or privately
owned clinics and health facilities (including
hospitals) as those terms are defined in sections
1200 and 1250 of the Health and Safety Code, except
that patients may smoke in those patient rooms
occupied solely by smokers, and employees may smoke
(subject to the rules adopted under the provisions
of part (g)) in totally enclosed offices used only
by employees and in areas of cafeteria or other
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dining rooms which are not designated and posted
as nonsmoking sections. "VISITOR SMOKING PROHIBITED"
signs shall be conspicuously posted at the entry to
each ward, and also wherever the rules and regulations
of the facility relating to visiting hours are posted.
(d) Theaters, Auditoriums, Pavilions and Expositio Halls
Smoking is prohibited in theaters, auditoriums,
pavilions and exposition halls in any area except
lobbies. This prohibition applies when the building
is actually open and in use for one of the purposes
listed in this part (d). Performers may smoke when
smoking is part of a performance.
(e) Retail Stores
Smoking is prohibited in retail stores doing business
with the general public except in areas not open to
the public and except in retail tobacco shops.
(f) Eating Establ ishments
Smoking is prohibited in all publically or privately
owned eating establishments serving food to the
general public if the occupancy capacity of the
establishment is 25 or more persons. If the establish-
ment maintains for its diners and enforces a nonsmoking
section that occupies at least 25% of the dining area
and contains at least 25% of the seats, smoking is not
prohibited in other areas. This part (f) does not
apply to banquet rooms used for private functions.
(g) Places o Employment
Each public and private employer shall set a written
policy and procedure to protect the health, welfare
and comfort of its employees from the detrimental
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effects of tobacco smoke. For the purposes of
this part (g) "policy and procedure" includes
but is not limited to designation of places where
smoking is permitted. Every employer shall provide
a copy of the policy and procedure to the Santa
Clara, County Environmental Health Services upon
request. This part (g) does not require the
establishment of no- smoking areas in places of
employment.
SECTION 2.
Section 17 -7 is added to the Los Gatos Town Code
to read:
Sect 17 -7 Smoking -- Penal
Any person who violates section 17 -6 by failing
to post signs, failing to establish policies and
procedures or who smokes in knowing violation of
section 17 -6 is guilty of an infraction punishable
by a fine of not more than $50.00.
SECTION 3.
This ordinance takes effect 30 days after the date
it is adopted. Within 15 days after this ordinance is adopted
the Town Clerk shall cause it to be published once in a news-
paper of general circulation published and circulated in the
Town®
This ordinance was introduced at a .regular meeting of
the Town Council of the Town of Los Gatos on Octob 1,1979
and adopted by the following vote as an ordinance of the Town
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of Los Gatos at a. regular meeting of the Town Council on
October 15,1979
AYES: COUNCILMEMBERS Ru - th Cannon, Thomas J. Ferrit
Mardi Gualtieri, Pete W. Siemens and John B. Lochne
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED:
ATTEST:
Clerk of the Town of Lo Gatos
mayor
Town of Los Gatos
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