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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 9 -20 -79 PWH /j 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 -2- 9 -2D -79 PWH /j 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 -3- 9 -20 -79 PWH /j 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 9 -20 -79 PWH /j