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ORDINANCE NO. c::7ct ~.E
2 ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING SMOKING
IN CERTAIN PUBLIC PLACES AND PLACES OPEN TO THE PUBLIC.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
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SECTION 1. Legislative Finding. The Mayor and Common
6 Council of the City of San Bernardino find and declare that
7 tobacco smoke or smoke from any other plant is a health hazard, a
8 public nuisance, and a cause of material annoyance, discomfort and
9 physical irritation to persons involuntarily forced to inhale
10 tbbacco smoke or smoke from other plants, and that the regulation
11 of smoking in public places is necessary to protect the public
12 health, safety, and welfare.
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SECTION 2. Definitions. "Smoke" or "smoking" as defined
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in this ordinance shall mean and include the carrying of a lighted
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pipe, cigar, or cigarette of any kind, or any other lighted smok-
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ing equipment or any other plant in a state of combustion.
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SECTION 3. Prohibition in Certain Public Places. Smoking
18 shall be prohibited in the following places within the City of
19 San Bernardino:
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(a) Elevators in buildings when accessible and open to
21 the public.
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(b) Waiting rooms or public hallways of every private or
23 public health facility, as defined in Section 1250 of the Health
24 and Safety Code, including but not limited to hospitals.
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(c) Public hearing rooms of the Mayor and Common Council
26 or of boards, commissions, committees and advisory bodies of the
27 City of San Bernardino created by formal action of the Mayor and
28 Common Council during such time as any public meeting is in
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1 process, excepting therefrom the City Council Chambers at City
2 Hall; provided, however, smoking shall be permitted in said public
3 hearing rooms if, at the commencement of the meeting, there is
4 unanimous consent by all persons then present to permit smoking.
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SECTION 4. Posting of Signs. "No Smoking" signs with
6 letters of not less than 3/4 of an inch in height shall be
7 conspicuously posted in every room, building, or other place where
8 smoking is prohibited by this ordinance, by the owner, operator,
9 manager, or other person having control of such room, building,
10 or other place. This ordinance shall not be enforceable unless
11 such "No Smoking" signs are so posted.
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SECTION 5. Violators May Be Ejected. A violation of this
13 ordinance shall not constitute a crime, infraction or misdemeanor.
14 Any person violating this ordinance can be ejected from the meet-
15 ing room upon the order of the Mayor and Common Council, or
16 adopted motion of a said board, commission, committee or advisory
17 body of the City of San Bernardino.
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SECTION 6. Severability. If any provision of this
ordinance or the application thereof to any person or circum-
stances is held invalid, such invalidity shall not affect other
provisions or applications of this ordinance which can be given
effect without the invalid provisions or application, and to this
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end the provisions of this ordinance are severable.
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bern=di= at ~ ~j ..vJ..eili>g .o=eo'. held
on the I/~ day 0 _~_, 1977, by the following
vote, to wit:
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is hereby approved /~~
Th~Oin..O::::~
AYES:
Councilmen
NAYS:
ABSENT:
of
11 Approved as to form:
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