§ 9.11.040. Prohibition of smoking in public places.

A.

Smoking shall be prohibited in all enclosed public places within the unincorporated portion of the county of Madera, including, but not limited to the following places:

1.

Elevators and restrooms;

2.

Buses, taxicabs and other means of public transit operated by or licensed by the county. Smoking may be allowed in waiting areas of public transit terminals in designated areas. In such facilities seventy-five percent of the facility shall be designated as smoke-free. The prohibitions contained in this section shall be applicable to depots and other terminals utilized by members of the general public for the purpose of being transported upon or departing from airplanes, trains, buses and taxis;

3.

Service lines;

4.

Retail stores, except areas in such stores not open to the public and all areas within retail tobacco stores;

5.

Retail food marketing establishments, including grocery stores and supermarkets, except those areas not open to members of the general public which may be otherwise regulated by this chapter;

6.

All areas available to and customarily used by members of the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels;

7.

Restaurants, except as provided in subsection (A)(8) of Section 9.11.060;

8.

Theaters. The prohibitions contained in this section shall be applicable to theaters, including motion picture theaters, meeting halls and auditoriums where motion pictures or live theatrical, musical or dramatic productions are made to an audience consisting of members of the general public assembled for the purpose of witnessing the performance or presentation; provided that this section shall not be construed to prevent smoking by performers in connection with a stage production or by persons making a presentation concerning addiction to tobacco or other drugs;

9.

Recreational facilities. The prohibitions contained in this section shall be applicable to enclosed areas of recreational facilities, including bowling alleys and bowling centers, except as provided in subsection (A)(7) of Section 9.11.060. Smoking is prohibited at all times within the seating areas of an enclosed sports arena and in the surrounding open concourse where food and beverages are dispensed;

10.

Any building not open to the sky which is used primarily as a museum or for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production;

11.

Every room, chamber and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee or agencies of the county or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the county of Madera;

12.

Doctors' offices, dentists' offices, waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics and physical therapy facilities. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted;

13.

Hospitals. The prohibitions contained in this section, shall be applicable to hospitals, rest and convalescent homes, medical clinics, physical therapy facilities and other places where medical, dental, psychiatric or counseling services are delivered to members of the general public. Operators of facilities treating psychiatric or chemically impaired patients may permit smoking by patients in designated areas provided the medical director of such facility has determined in writing that the practice is beneficial for the recovery or treatment of such patients and that the practice will not interfere with the recovery and treatment of nonsmoking patients, and provided that adequate nonsmoking areas are made available for nonsmoking patients. This section shall not be construed to prevent smoking in locations or otherwise under conditions in which smoking is expressly authorized by or under statutes or administrative regulations applicable to such licensed facilities;

14.

Polling places;

15.

Schools. The prohibitions shall be applicable to any school or educational institution operated by a business, public agency or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural skills;

16.

Day Care and Group Home Facilities. The prohibitions contained in this section shall be applicable to private residences during the time when such residences are operated as licensed or unlicensed day care group home facilities for children or the elderly or as a licensed or unlicensed healthcare facility.

B.

Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. Further provided that, notwithstanding this chapter, the owner or person who controls such establishment may, but is not required to, set aside in any facility described in this section, a separate room with walls and doors reasonably impermeable to tobacco smoke for use as an employee lounge or break room where smoking may be permitted.

(Ord. 550 § 1(part), 1993).