Ord 1464 - REGULATING SMOKINGORDINANCE NO. 1464
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:
Se ction '17 -6 Sm oking in Public Places and Places
of Emp'loymen t
(a) El evators
Smoking is prohibited in elevators in buildings
generally used by and open to the public.
(b) Pu blic 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) He alth Facilities
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
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ITEM X G
of.part (g)) in totally enclosed offices used
only by employees and in areas of cafeteria or
other dining rooms which are not designated and
posted as nonsmoking sections.
(d) Theaters, Auditor ums, Pavilions and Exposition: Hal
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) Re tail 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 E stablishment s
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 50% of the dining area
and contains at least 50% 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 of 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 -6.5 is added to the Los Gatos Town Code to read:
Se ction 17 -6.5 Po sting Requirements
Every owner of a. building or area where smoking is prohibited
by the provisions of section 17 -6 parts (a), (b), (c), (d), (e),
or (f) shall post the notices described in this section. When
the building, part of a building, or area where posting is
required is controlled by a lessee, the lessee instead of the owner
has the obligation to post the notices. (The lettering of the
parts of this section corresponds to that of section 17 -6.) The
following posting is required:
(a) "No Smoking ", one sign in each elevator,
(b) "No Smoking" to which may be added "except in the
lobby" if there is a lobby, one sign at each public
entrance,
(c) "Visitor Smoking Prohibited ", one sign at the entry
to each ward and also wherever the rules and
regulations about visiting hours are posted, but a
separate "Smoking Room" sign may be posted in patient
rooms occupied solely by smokers who request such
posting, and areas designated for employee smoking
may be posted "Smoking Area ",
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(d) "No Smoking" to which may be added "Except in the
Lobby" if there is a lobby, one sign at each public
entrance including each public entrance to each
auditorium, pavilion, hall, or similar area,
(e) "No Smoking" near each cash register and at each
place where the public may enter without passing a
cash register, and
(f) In eating establishments where smoking is prohibited
or restricted, "No Smoking Except in Designated
Areas" near each cash register and at each place
where the public may enter without passing a cash
register and in those establishments where smoking
is not entirely prohibited, separate "Smoking Area"
or "Smoking Section" signs may be posted outside the
nonsmoking section.
The Town council shall prescribe by resolution the format
of the posted notices.
SECTION 3.
Section 17 -7 is added to the Los Gatos Town Code to read:
Section 17 -7 Sm oking Penalties
Any person who violates section 17 -6 by failing
to post signs or failing to establish policies and
procedures, or who smokes where smoking is prohibited
by section 17 -6 when signs are posted in the manner
provided by section 17 -6.5 is guilty of a misdemeanor.
SECTION 4.
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 newspaper of general
circulation published and circulated in the Town.
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This ordinance was introduced at a regular meeting of
the Town Council of the Town of Los Gatos on March 17, 1980 ,
and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council. on
Ap ril 7, 1980
AYES:
NOES:
COUNCILMEMBERS R uth Cannon, Thomas J. F'errito, Mardi
Gu altieri, Peter W. Siemens and John B. Lochner
COUNCILMEMBERS N one
ABSTAIN: COUNCILMEMBERS No
ABSENT: COUNCILMEMBERS None
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SIG
ATTEST:
Town of •
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