19860325 1986-07ORDINANCE NO.
1986-7
AN ORDINANCE ADDING ARTICLE IV TO CHAPTER 11 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA TO PROHIBIT
SMOKING IN CERTAIN PUBLIC FACILITIES.
BE IT ORDAINED by the City Council of the City of Fairfax,
7irginia that Article IV be and hereby is added to Chapter 11 of
the Code of the City of Fairfax, Virginia,. which article shall
read in its entirety as follows:
"ARTICLE IV. Smoking.
Sec. 11-24. Definitions.
FOr the purpose of this article, these words and phrases
shall have the following meanings:
place.
Facility.
Any enclosed building, structure, room or
Food store. Any facility in which food is displayed or
sold to the public for consumption off the premises or which
derives a substantial proportion of its income therefrom.
Health care facility. Any facility providing
individual care or treatment of diseases, whether physical,
mental or emotional, or other medical, physiological or
psychological conditions including but not limited to hospitals,
clinics, nursing homes, homes for the aging or chronically ill,
laboratories, and the offices of any physician, dentist
psychologist, psychiatrist, physiologist, podiatrist, optometrist
or optician.
Public meeting place. Any portion of a public building
or building leased for public purposes in which a meeting or
assembly is held and which is open to the public for the conduct
of the affairs of any legislative or administrative body of the
city, including any subordinate groups thereof, which receives or
expends and is supported to any degree by public funds.
Restaurant. Any facility in which meals are made
available to the public for consumption on the premises.
Retail store. Any facility in which the primary
purpose is to sell to consumers, not for resale, any merchandise
or other things and all related operations and services. "Retail
store" shall not include food stores, hotels, motels, restaur-
ants, and those restaurant facilities which are an integral part
of a retail store, bar, lounge, catering establishment and other
similar facility.
Smoking or to smoke. The act of smoking or carrying a
lighted or smoldering cigar, cigarette, or pipe of any kind or
lighting a cigar, cigarette or pipe of any kind.
Theater. Any facility, open to the public, which is
primarily used or designed for the purpose of exhibiting any
motion picture, stage drama, musical recital, dance, lecture or
other similar performance.
Sec. 11-25. Smoking prohibited in certain areas.
It shall be unlawful for any person to smoke in any of the
following facilities:
(a) Elevator, regardless of capacity, except elevators in
single-family dwellings;
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(b) Retail store in which more than eight persons are
regularly employed;
(c) Food store in which more than eight persons are
regularly employed;
(d) Health care facility, regardless of capacity;
(e) Public meeting place while a public meeting is being
held which is attended by more than eight persons;
(f) Theater, except smoking by performers as part of the
production;
(g)
facility;
Art gallery,
library, museum, or similar cultural
(h) Designated no-smoking area of a restaurant.
Sec. 11-26. Exceptions.
The prohibitions of this article shall not apply to the
following:
(a) Lawfully designated smoking areas;
(b) Areas of enclosed shopping centers or malls that are
external to the retail stores and are used by customers as a
route of travel from one store to another, and that consist
primarily of walkways and places to be seated;
(c) Area of a theater commonly referred to as a lobby if
physically separated from the spectator area;
(d) Offices or work areas not entered by the public in the
normal course of business or use of the premises;
(e) A business or institution during the hours in which it
is not open to the public;
(f) Tobacco shop or store in which the primary items for
sale are tobacco and smoking implements;
(g) The in-patient sleeping quarters of any health care
facility, except hospitals. Each such facility shall make a
reasonable effort to assign patients to sleeping rooms according
to the patient's individual non-smoking or smoking preference;
(h) The sleeping quarters of non-ambulatory hospital
patients, when the physician writes an order in the patient's
record allowing that patient to smoke.
Sec. 11-27. Designated smoking area.
The owner or person in charge of any facility in which
smoking is prohibited may designate separate rooms or areas in
which smoking is permitted, provided that:
(a) Designated smoking rooms or areas shall be reasonably
separate from rooms or areas entered by the public in the normal
course of business or use of the facility; and
(b) In designated smoking areas, existing physical barriers
and ventilation systems shall be used when possible to minimize
the toxic effect of smoke in adjacent non-smoking areas.
Sec. 11-28. Designated no-smoking area of a restaurant.
Any restaurant having a seating capacity for one hundred
(100) patrons or more, not including seats in the bar or lounge
area, or in any separate room of such facility during such time
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~s the entire room is being used for a private function, shall
have no less than twenty-five percent (25%) of its seating
capacity as a no-smoking area. The designated no-smoking area
shall be located in a separate room or may be located in a
separate contiguous area of seating in a room where smoking is
permitted.
Sec. 11-28. Posting of signs.
(a) Any person who owns, manages or otherwise controls any
facility in which smoking is prohibited shall post a conspicuous
sign(s) at least five inches in height which shall read as
follows:
NO SMOKING
City Ordinance
Prohibits the Carrying
of Lighted Tobacco
Products of Any Kind
$25.00 Fine
(b) The letters in the words "No Smoking" on the sign
uired by this section shall be at least one and one half (1
1/2) inches in height.
Sec. 11-29. Penalty.
Any person violating any of the provisions of this article
shall be fined up to twenty-five dollars ($25.00). Each day a
violation of this article continues shall constitute a separate
violation.
Sec. 11-30. Enforcement.
The provisions of this article shall be enforced by the
health authority as defined in section 11-12 of this chapter."
This ordinance shall become effective immediately upon
execution by the Mayor.
INTRODUCED:
March 11, 1986
PUBLIC HEARING: ~-~rch 25, 1986
ADOPTED:
March 25, 1986
ATTEST:
Cl