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Home My WebLink AboutORD 1987-001 1984-1988COUNTY OF HAWAII ,~_' ~~,~STATE OF HAWAII BIII No. 253 (Draft 4) ORDINANCE NO. 87 1 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 4, HAWAII COUNTY CODE 1983, RELATING TO SMOKING. SECTION 1. Legislative Findings and Purpose. The purpose of this bill is to protect the public health, comfort, safety, property and general welfare of the inhabitants of the County of Hawaii by regulating smoking in public places. The Hawaii County Council finds compelling scientific studies linking smoking to major health problems such as lung Cancer, heart disease, stroke and hardening of the arteries. It also finds growing concern and research focusing on the health risks borne by persons who do not smoke but who are exposed to other people's smoking. This so called "ambient," "sides.tream," or borrowed smoke is a source of major physical discomfort to many persons and pose a serious health risk to those who have allergies and respiratory ailments. The Hawaii County Council recognizes that tobacco smoke is harmful to human health and that regulation of smoking in public places is necessary tc protect the health, welfare, comfort and environment of the citizens of the County of Hawaii. SECTION 2. Chapter 14, Article 4, Hawaii County Cade 1983, as amended, is hereby amended in its entirety as follows: "Article 4. Smoking in Public Places. Section 14-20. Definitions. As used in this article, unless the context requires otherwise: (a) "Smoke" or "smoking" means and includes inhaling or exhaling upon, burning or carrying any lighted smoking equipment far tobacco; the personal habit commonly known as smoking. (b) "Open to the public" means areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by either private or public entities. g7-/ (c) "Building" means any area enclosed by a roof and at least three (3) walls. (d) "Small businesses" means those business establishments having no more than five (5) employees working on the business premises per established work shift. (e) "Bar" means an establishment in which the sale and consumption of intoxicating liquor on the premises is authorized under a license issued by the Department of Liquor Control. (f) "Restaurant" means a retail eating establishment authorized by the Department of Health to operate as a restaurant. Section 14-21. Prohibition in Certain Places Open to the Public. Except as otherwise provided herein, smoking shall be prohibited in the following places within the County of Hawaii. (a) Elevators in buildings generally open to and used by the public, including elevators in apartment and other multi-unit residential buildings. (b) Private and semiprivate rooms, wards, waiting rooms, lobbies, and public hallways of private health care facilities, including, but not limited to, hospitals, clinics, and physicians' and dentists' offices. ~ (1) Nothing in this section shall prevent a facility from establishing waiting areas where smoking is permitted where said smoking areas comprise no more than 50 percent of the waiting area space in said facility if said smoking areas are physically separated by walls so that smoke does not permeate into nonsmoking areas. (c) Any room which is primarily used for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance during the time that said room, hall, or auditorium is open to the public for such exhibition. (d) Museums, libraries and galleries, provided that smoking may be permitted in a designated portion of the reading area in a library if said smoking area comprises no more than 20 percent of the reading area in the library and is physically separated by walls or partitions from the remainder of the library so that smoke does not permeate into non-smoking areas. - 2- (e) Restaurants with a seating capacity of more than forty patrons. (1) Nothing in this section shall prevent a restaurant of more than forty patrons from providing smoking areas which are reasonably proportionate to the preference of its users. (2) Where an establishment is both a restaurant and bar, the establishment shall be deemed as the type of enterprise from which the major source of income is derived, provided that if the restaurant services are provided in one section and the bar services are provided in another section, the restaurant section itself shall be subject to this section. (f) The following facilities or areas in City-owned or controlled buildings: (1) Meeting or conference rooms; (2) Auditorium or sports areas that are enclosed; (3) Community centers where persons may gather for meetings, parties, or any other purpose where the area is enclosed; (4) All areas open to the public, including service counters and reception or waiting areas, but excluding Hallways, corridors or other passageways and private, enclosed offices not generally open to the public for the transaction of business. (g) Except as otherwise provided in this section and subject to the exceptions in Section 14-22, all areas open to the public in the following business establishments: (1) Food and grocery stores; (2) Drug stores; (3) Supermarkets; (4) Banks; (5) Savings and loan associations and industrial loan companies; (6) Retail department stores; (7) Credit unions. -3- (h) Restrooms. Any restroom open to the pudic in places specified in this section. (i) Notwithstanding the exceptions stated in Section 14-22, any area of any business, governmental, or charitable establishment which has been designated by the owner, operator, manager, or other persons having control of such establishment as a non-smoking area and marked with a "no smoking" sign or signs. Section 14-22. Exceptions. Smoking may be allowed hereunder in the following places subject to Section 14-21. (a) Small businesses; (b) A restaurant with a seating capacity of forty (40) or fewer patrons. (c) A restaurant while it is being used solely for private parties or gatherings. (d) An enclosed room of a restaurant, or a banquet room used solely for private parties or gatherings. (e) A private restaurant or club to which only members or their guests are permitted. (f) Any seating area completely outside the building housing the restaurant. (g) Bars. (h) Any property owned, controlled, or leased by State or federal government entities. Section 14-23. Signs. (a) Clearly legible signs which include the words "Smoking Prohibited by Law" with letters of not less than one (1) inch in height shall be conspicuously posted in all places generally open to the public where smoking is prohibited by this ordinance, by the owner, operator, manager, or other person having control of such place. (b) Alternate means of notification (individual place cards, film clips, etc.) may be employed provided the effect thereof is equivalent to the notice given by signs described in Section 14-23 (a), above. -4- (c) All signs required by this section shall be posted within 30 days of the effective date of this ordinance. (d) Any person violating any of the provisions of this section shall be issued a notice of violation and shall comply with the provisions of this section within ten (10) days. Thereafter, the violation shall carry a Pine of not more than $25.00. Each violation cited shall constitute a separate offense. Section 14-24.1 Violations and Penalties. (a) It is unlawful for any person to smoke in a place within the County of Hawaii where smoking is prohibited. (b) Except as otherwise provided, any person violating any oP the provisions of this ordinance shall be punished by a fine of $5.00 for each violation. Section 14-24.2 Enforcement and Administration. (a) Summons or Citation. (1) There shall be provided for use by an officer or employee oP the County duly authorized to issue a summons or citation, or any police officer a form of summons or citation for use in citing violators of this article which does not provide for the physical arrest of such violators. The form and content oP such summons or citation shall be as adopted or prescribed by the administrative judge of the district court, shall be printed on a form commensurate with the form of other summons or citations used in modern methods of arrest, and so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawaii and the County of Hawaii. (2) In every case, when a citation is issued, the original of the same shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a carbon copy of the citation and provide for the disposition of the original and any other copies. (3) Every citation shall be numbered, and each carbon copy shall bear the same number as its original. (b) Enforcement and administration of the provisions of Section 14-23 shall be under the jurisdiction of the Building Department of the County of Hawaii, which department shall have the power to formulate any applicable rules and regulations necessary to carry out the provisions of Section 14-23. -5- (c) Except as provided in Section 14-24.2 (b), enforcement of this ordinance shall be under the jurisdiction of the Hawaii County Police Department. (d) In addition to the foregoing, any police officer or other officer or employee of the County duly authorized to issue a summons or citation may eject from the premises any person to whom a citation has been issued and who continues to smoke after the person has been requested by the police officer or other duly authorized officer or employee to stop smoking. Section 14-24.3. Fire Code. Nothing in this article shall be construed as superseding applicable Fire Code provisions. Where a conflict between the provisions of this article and the Fire Code arises, the Fire Code provision will prevail." SECTION 3. Severability. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect on March 31, 1987. Hilo, Hawaii Date of Introduction: November 3, 1986 Date of 1st Reading: November 3, 1986 Date of 2nd Reading: December 15, 1986 Effective Date: March 31, 1987 -6- INTRODUCED BY: