U.S.A - Eugene, Oregon City Ban on Smoking in Public Places

Eugene, Oregon City Ban on Smoking in Public Places[1]

City of Eugene City Code
Chapter 6: Environment and Health

Tobacco Products and Smoking

6.225 Definitions. For the purposes of sections 6.230 to 6.240 of this code, the following words and phrases mean:

Bar. An area that is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages.

Business. Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered.

Designated smoking entrance. An area outside an entrance to a publicly owned building that is neither the main public entrance nor the primary employee entrance and which has been designated by the building manager as a smoking area.

Employee. Any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity. This definition includes independent contractors.

Employer. Any person or entity who employs the services of one or more individuals.

Enclosed area. All space between a floor and a ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passageways) 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 structure.

Place of employment. Any enclosed area under the control of a public or private employer which employees normally access during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

Public place. Any enclosed area to which the public is invited or in which the public is permitted including, but not limited to, banks, education facilities, health facilities, laundromats, public transportation, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.

Public transportation. Any motorized vehicle used to transport people which is held out for hire by the public or used by a public or private elementary or secondary school to transport students.

Restaurant. Any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, and any other eating establishment that gives or offers food for sale to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

Retail tobacco store. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

Service line. Any indoor line, or any portion of an indoor line that extends out of doors, at which one or more persons is waiting for or receiving services of any kind, whether or not such services involves the exchange of money.

Smoking. Any inhaling, exhaling, burning, or carrying of any lighted pipe, cigar, cigarette, or other tobacco-like product or substance in any manner or in any form.

Sports facility. Any sports pavilion, gymnasium, health spa, swimming pool, roller rink, bowling alley, or other enclosed places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Tobacco product. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco that may be utilized for smoking, chewing, inhalation, or other means of ingestion.

(Section 6.225 added by Ordinance No. 18721, enacted November 12, 1980; and amended by Ordinance No. 20212, enacted September 25,
2000, effective October 26, 2000.)

6.230 Smoking Prohibited in Public Places and Places of Employment.

(1) Nothing in sections 6.225 to 6.240 shall be construed to in any way affect smoking prohibitions imposed by the fire marshal or other laws, ordinances, or regulations.

(2) Smoking is prohibited in all public places and all places of employment within the city, including, but not limited to the following:

(a) All elevators.

(b) Rest rooms, lobbies, reception areas, hallways, and any other areas of common use.

(c) Buses, taxicabs, and any other means of public transportation.

(d) Service lines, or within ten feet of a service line that extends out of doors.

(e) Retail stores.

(f) All areas available and customarily used by the general public located in a business patronized by the public, including non-profit and public businesses. Affected businesses include, but are not limited to, professional offices, banks, laundromats, hotels and motels.

(g) All restaurants, taverns, bars, cocktail lounges and bingo parlors.

(h) Any enclosed facility that is primarily used for exhibiting any motion picture, stage or drama production, lecture, music recital or other similar performance, except for performers when smoking is part of a stage or drama production.

(i) Sports facilities.

(j) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, or committee, including joint committees or agencies of the city, during the time a public meeting is in progress.

(k) Within publicly owned buildings, or within ten feet of any entrance to a publicly owned building.

(l) Waiting rooms, hallways, wards, and semi-private rooms of health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, and doctor`s and dentist’s offices.

(m) Lobbies, hallways, and other enclosed common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(n) Polling places.

(o) Within a reasonable distance, of not less than ten feet, of any entrance to any enclosed area where smoking is prohibited.

(3) Employers are required to provide for all employees a place of employment in which employees are not exposed to the smoking of others.

(Section 6.230 added by Ordinance No. 18721, enacted November 12, 1980; amended by Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000; and Ordinance 20215, enacted November 13, 2001, effective December 13, 2000.)

6.235 Smoking Prohibited - Enforcement.

(1) In every building or enclosed area in which smoking is prohibited by section 6.230 of this code, a "No Smoking" sign shall be conspicuously posted by the owner, manager, or other person having control of the building or area. The signs shall be of a form and size approved by the city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code.

(2) At primary entrances to public places or publicly owned buildings in which smoking is prohibited by section 6.230 of this code, the owner or manager of such place or building shall post a "No Smoking" sign so that the sign is plainly visible from the outside of the entrance, except that for designated smoking entrances to publicly owned buildings, a sign identifying it as a designated smoking entrance shall be posted. The signs shall be of a form and size approved by the city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code.

(3 It shall be unlawful for any person to remove, deface, or destroy any sign required by this section.

(4) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because the employee, applicant, or customer reports or attempts to prosecute a violation of section 6.230 of this code.

(5) Any person who violates a provision of section 6.230 or 6.235, or any business, owner, or employer who permits a violation to occur, shall be subject to the penalties provided in section 6.990(13 ), an administrative civil penalty pursuant to section 6.995 of this code, or both such fine and penalty.

(Section 6.235 added by Ordinance No. 18721, enacted November 12, 1980; and amended by Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000.)

6.240 Smoking Prohibited - Exceptions. The restrictions set forth in sections 6.230 and 6.235 of this code do not apply to:

(a) Private residences, unless the private residence is used as a child care, adult day care, or health care facility;

(b) Rented motel/hotel rooms that are designated in some manner as smoking rooms by the owner of the establishment renting the room;

(c) Private rooms rented for an occupancy that exceeds one month and not located in a private residence used as a child care, adult day care, or health care facility;

(d) Retail tobacco stores; or

(e) Designated smoking entrances.

(Section 6.240 added by Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000; and amended by Ordinance No. 20215, enacted November 13, 2001, effective December 13, 2000.)

Penalties
6.990 Penalties - Specific…

(2) Violation of section 6.255 is punishable by a minimum fine of $50.00 to a maximum fine of $500.00 for each day that the violation exists. this penalty is cumulative and in addition to any other remedy available to the city…

(4) Any person who violates any provision of sections 6.225 to 6.235 shall be punished, upon conviction, by a fine not to exceed $100.00…

(13) Any person who violates a provision of section 6.230 or 6.235, or a business, owner, or employer who permits a violation of sections 6.230 or 6.235 of this code to occur, shall, upon conviction, be punished by a fine of:

(a) Not less than $50, nor more than $100 for the first violation; (b) Not less than $100, nor more than $200 for the second violation occurring within a period of 12 months from the first violation; (c) Not less than $250, nor more than $500 each for the third and subsequent violations occurring within a period of 12 months from the first violation.

The above penalties are in addition to, and not in lieu of, any administrative civil penalties that may be imposed or other remedies the city may have under this code or other laws or regulations.

(Section 6.990 amended by Ordinance No. 17073, enacted May 20, 1974, Ordinance No. 18721, enacted November 12, 1980, Ordinance No. 18779, enacted April 22, 1981, Ordinance No. 19130, enacted April 13, 1983; Ordinance No. 19791, enacted July 8, 1991; Ordinance No. 19815, enacted December 2, 1991; and Ordinance No. 19862, enacted June 22, 1992, effective July 22, 1992; administratively amended by Ordinance No. 19939 and 19940, enacted November 17, 1993, effective December 17, 1993; amended by Ordinance No. 20067, enacted October 16, 1996, effective November 15, 1996; Ordinance 20165, enacted August 11, 1999, effective September 10, 1999; and Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000.)

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