CC Ordinance 2151ORDINANCE NO. 215T
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TEXT AMENDMENT (PLN2011-191) TO
AMEND THE CAMPBELL MUNICIPAL CODE, CHAPTER 6.10
(NUISANCE ABATEMENT AND ADMINISTRATIVE PENALTIES) AND
CHAPTER 6.11 (SMOKING POLLUTION CONTROL).
After notification and public hearing, as specified by law and after presentation by the Community
Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell does ordain
as follows:
SECTION ONE: It is the intent of the City Council, in enacting this ordinance, to provide for the public
health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco use around
non-tobacco users within outdoor dining and public recreational areas; by protecting children from
exposure to smoking and tobacco while they play; by protecting the public from smoking and from
tobacco-related pollution; and by affirming and promoting the family atmosphere of the City's public
places.
SECTION TWO: The City Council finds and determines that the adoption of the proposed Text
Amendment is exempt from CEQA under Section 15060(c)(2) of the State CEQA Guidelines.
SECTION THREE: Section 6.10.020 of the Campbell Municipal Code is hereby amended as set forth
in Exhibit A attached, additions are indicated by italics and underscoring and deletions are indicated by
sfr+IEe-t#~eag~-type; portions of the ordinances not cited or not shown in underscoring or strike through
type are not changed.
SECTION FOUR: Chapter 6.11 of the Campbell Municipal Code is hereby amended as set forth in
Exhibit B attached, additions are indicated by italics and underscoring and deletions are indicated by
+r~Uo +hrn~,nh. portions of the ordinances not cited or not shown in underscoring or strike through
type are not ch~arng~ed.
SECTION FIVE: This Ordinance shall become effective thirty (30) days following its passage and
adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 4tn
AYES: COUNCIL`iV1EMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
day of October , 2011, by the following roll call vote:
Waterman, Low, Kotowski, Baker
Cristina
None
None
APPROVED
ATTEST:
nne Bybee, City Clerk
Ja n T. Baker, Mayor
Chapter 6.10
NUISANCE ABATEMENT AND ADMINISTRATIVE PENALTIES
(Amended) Section:
6.10.020 -Nuisance conditions.
Exhibit A
(a) It is declared a public nuisance for any premises in the city to be maintained in
such manner so as to be injurious to the health, or to be indecent or offensive to
the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property, or for anyone to cause, or engage in
any conduct that is injurious to the health, or indecent or offensive to the senses,
or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property. Such public nuisances shall include,
but are not limited to:
(1) Overgrown, dead, decayed or diseased trees, weeds and other vegetation that:
(A) Is likely to harbor rats, vermin, and other similar nuisances,
(B) Constitutes a fire hazard or a condition dangerous to the public health, safety
and general welfare, or
(C) Constitutes an unsightly appearance or otherwise detracts from the aesthetic
or property values of the neighboring properties;
(2) The presence or accumulation on a premises of any of the following for a
period exceeding two weeks, except when the premises have been approved for
such storage use under the laws and regulations of the city:
(A) Debris, rubbish, scrap materials and trash,
(B) Broken or discarded household furnishings, appliances, boxes and cartons and
similar materials,
(C) An area exceeding one hundred square feet containing lumber and building
materials not being used for construction on the premises,
(D) Vehicle parts and tires, or
(E) Construction equipment and machinery except when in use for construction
on the premises;
(3) Objects including, but not limited to, unprotected and/or hazardous pools,
ponds, ice boxes, refrigerators, or excavations that tend to attract children or other
curious individuals, and which present a threat to the health, safety or welfare of
such individuals;
(4) Structures or buildings, both permanent and temporary, or other lot
improvements, which are subject to any of the following conditions:
(A) Are structurally unsafe, either entirely or in part,
(B) Constitute a fire hazard,
(C) A building or structure which is not completed within a reasonable time or for
which the permit for such construction has expired,
(D) Unoccupied buildings which have been left unlocked or otherwise open or
unsecured from intrusion by persons, animals or the elements,
(E) A building that has been so damaged by fire, wind, earthquake or flood, or has
become so dilapidated that it is structurally unsafe or otherwise unfit for human
habitation,
(F) Have faulty weather protection including, but not limited to, crumbling,
cracked, missing, broken, or loose exterior plaster or other siding, roofs,
foundations or floors (including lack of paint or other protective finish), missing
windows or doors,
(G) Fences and walls which are in a hazardous condition, or
(H) Broken windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
(5) Maintenance of premises so out of harmony or conformity with the
maintenance standards of adjacent properties as to cause substantial diminution of
the enjoyment, use, or property values of such adjacent properties, as determined
by an enforcement officer;
(6) Nuisance activity, or real property that has been the situs for nuisance activity
including, but not limited to:
(A) Disturbing the peace,
(B) Illegal drug activity,
(C) Public drunkenness,
(D) Drinking alcoholic beverages in public,
(E) Harassment of passersby,
(F) Illegal gambling,
(G) Prostitution,
(H) The sale of stolen goods,
(I) Acts of violence,
(J) Public urination or defecation,
(K) Acts of vandalism,
(L) Acts of lewd conduct,
(M) Unreasonably loud noise,
(N) Loitering,
(O) Excessive littering,
(P) A violation of the provisions of Campbell Municipal Code Sections 5.12.030,
5.12.150, 5.12.180, 5.16.010, 6.04.020, 6.04.030, 6.04.050, 6.04.080,-6-1-1-:9~~or
20.16.010,
(Q) A violation of any of the provisions of Campbell Municipal Code Chapters
5.08.010, 5.24, 5.28, 5.29, 5.30, 5.36, 5.48, 6.11, 11.04, 11.08, 11.12, 11.16, 11.32
or 13.04
(R) A violation of any of the provisions of Campbell Municipal Code Titles 7, 14,
17 or 18,
(S) A violation of any of the provisions of Campbell Municipal Code Title 21, or
any use of real property for a purpose or in a manner other than approved under
the provisions of Title 21
(T) The use or maintenance of property in a manner contrary to a court order or
judgment in an action in which the City is a party, regarding the use or
maintenance of the property;
(U) Any condition that would constitute a nuisance pursuant to Chapter 10.44 of
the Campbell Municipal Code.
(7) Placing any encroachment upon or obstruction in or to any sidewalks, street,
alley, lane, court, park, or other public place without the approval of the city;
(8) Obstructing the free passage or use, in the customary manner, of any sidewalk,
public park, square, street, or highway; or
(9) The maintenance or use of property in the city in a manner that violates, or
real property that has been the situs of a violation of, any provision of any state or
federal law or regulation.
(b) Nothing contained in this chapter shall prohibit persons from participating in
any activity which the city is precluded from proscribing under the United States
Constitution or the California Constitution.
Exhibit B
Chapter 6.11
SMOHING POLLUTION CONTROL
Sections:
6.11.010 Legislative findings.
Fr.~9 6.11.020 Smoking prohibited.
6.11.030 Other Requirements and Prohibitions.
f~A(A 6.11.040 Exceptions.
~.'~ 6.11.050 Declaration of nonsmoking establishment.
Er.I-~-9S9 6.11.060 Posting of signs.
C~1-~39 6.11.070 Penalties and Enforcement.
g~--1-AA 6.11.080 Nondiscrimination.
ti.'o-~-;~ 6.11.090 Severability.
ti.'~ 6.11.100 Other applicable laws.
ti.'~ 6.11.110 Definitions.
6.11.010 Legislative findings.
The city council of the city finds and declares that secondhand smoke from pipes,
cigars and cigarettes is a severe nuisance and hazard to the health of the general
public. In enacting this chapter the city council is also aware of substantial
medical evidence indicating that inhalation of secondhand tobacco smoke can
endanger the health of nonsmokers.
~:A38 6.11.020 Smoking prohibited.
Smoking shall be prohibited within the following places within the city:
(I) Elevators;
(2) Buses and other means of public transit;
(3) Public restrooms;
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{~} Hearing rooms of the city council of the city;
{~ Within every room, chamber or place of public assembly during public
meetings;
~} Waiting rooms, hallways, wards and semiprivate rooms of health facilities,
including but not limited to hospitals, clinics, physical therapy facilities, doctors'
and dentists' offices;
~) Reasonable distance areas;
(8) Public recreational areas;
(9) Bars, taverns, lounges, nightclubs;
~0) Restaurants;
(11) Service areas;
(12~ Dining areas;
(13) Places o~ployment:
(~ In all enclosed places of employment, as defined in subsection (15) of
Section 6.11.110 of this chapter.
~1 S) Other enclosed or unenclosed area to which the public is invited or
permitted when bei~ used for a,public event including a farmer's market
parade crab fair or anv event which may be attended by the general public,
provided that smoking is permitted on streets and sidewalks being used in a
traditional capacity as~edestrian or vehicular thoroughfares unless otherwise
prohibited by this chapter or other law.
6.11.030 Other Requirements and Prohibitions.
(a) No person or employer shall knowingly permit smoking in an area which
under legal or de facto control of the person or employer and in which smoking is
prohibited by law unless otherwise required by state or federal law.
(b) No person or employer shall knowingly or intentionally permit the presence or
placement of ash receptacles such as for example ash trays or ash cans, within
an area under the legal or de facto control o the person or employer and in
which smoking is prohibited. Notwithstanding the foregoing, the presence of ash
receptacles in violation of this subsection shall not be a defense to a charge of
smoking in violation of anv provision of this chapter.
~~person or employer shall intimidate threaten any reprisal or effect any
reprisal or the purpose of retaliating against another person who seeks to attain
compliance with this chapter.
~) Each instance o smokier in violation of this chapter shall constitute a
s_parate violation For violations other than for smoking, each day o~
continuing violation of this chapter shall constitute a separate violation.
6.11.040 Exceptions.
Notwithstanding any other provision of this chapter to the contrary, the following
areas shall not be subject to the Smoking restrictions of this chapter:
(1) Hotel/motel guest rooms: Sixty-five percent of guest rooms in a hotel, motel
or similar transient lodging establishment maybe set aside for smokers. This
means that at least thirty-five percent of hotel/motel sleeping rooms must be
nonsmoking rooms.
(2) Hotel/motel lobbies: Smoking is permitted in a designated hotel/motel lobby
area that does not exceed twenty-five percent of the total floor area of the lobby,
or, if the total area of the lobby is two thousand square feet or less, that does not
exceed fifty percent of the total floor area of the lobby.
(3) Meeting and banquet rooms: Smoking is permitted in meeting and banquet
rooms only during private functions in a hotel, motel or other transient lodging
establishment. However, Smoking may not be permitted when food or beverage
functions are taking place, including setup, service and cleanup activities, or when
the room is being used for exhibit purposes.
(5) Truck cabs: Smoking is permitted in cabs of motor trucks or truck tractors, if
no nonsmoking employees are present.
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(9) Theatrical productions: Smoking is permitted at theatrical production sites if
Smoking is an integral part of the story.
(10) Medical research treatment site: Smoking is permitted at medical research or
treatment sites if Smoking is integral to the research or treatment being
conducted.
(11) Private Residences: Smoking is permitted in private residences, except for
those residences licensed as family day care homes. In those cases, Smoking is
prohibited during the hours when the home is used as a family day care home and
in those areas where children are present.
(12) Patient Smoking areas: Smoking is permitted in patient Smoking areas of
long-term health care facilities, as defined in Section 1418 of the Health and
Safety Code. This generally includes any licensed facility that is a skilled nursing,
intermediate care, developmentally disabled or congregate care facility.
(13) Employee breakrooms: Smoking is permitted in employer-designated
Smoking rooms, except for within publicly owned or operated buildings, provided
all of the following conditions are met:
(A) Air from the Smoking room shall be exhausted directly to the outside. Air
from the Smoking room shall not be recirculated to other parts of the building.
(B) The employer shall comply with any ventilation standard or other standard
utilizing appropriate technology, adopted by the Occupational Safety and Health
Standards Board, or the EPA, whichever is stronger.
(C) The Smoking room shall be located in a nonwork area where no one, as part
of their job responsibilities, is required to enter.
(D) There are sufficient nonsmoking breakrooms to accommodate nonsmoking
employees.
(14) Small businesses: Smoking is permitted in places of employment with five or
fewer full- or part-time employees, if all of the following conditions are met:
(A) The Smoking area is not accessible to minors.
(B) All employees consent to Smoking in the area, and such consent is not
coerced.
(C) Air from the Smoking area is exhausted directly to the outside and is not
recirculated to other parts of the building.
(D) The employer complies with the ventilation standards described above for
breakrooms.
~.'o-~-'~0 6.11.050 Declaration of nonsmoking establishment.
Notwithstanding any other provision of this chapter, any person, emplover, or
business with legal control over anv_property °`^+^" ""'^„^"°" ^" ^~~'°=
may declare that entire business as a nonsmoking
establishment and prohibit smokin,~n an,~,part o such property, even ifsmokinQ
is not otherwise prohibited in that area.
~~889 6.11.060 Posting of signs.
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A person or emplover that has legal or de facto control of an area where smoking
is prohibited by this ch~ter shall post a clear conspicuous and unambiguous "No
Smoking" or "Smokefree "sign outside o each point ogress to the area, and at
one other conspicuous point within the area. The suns shall have letters of no
less than one inch in height and shall include the international "No Smoking"
symbol (consisting ofa pictorial representation of a burning cigarette enclosed in
a red circle with a red bar across itLigns posted on the exterior of buildings to
comply with this section shall include wording describing the reasonable distance
requirement set forth in Section 6.11.020. For the purposes of this section, the city
manager or his/her designee shall be responsible or the posting ofsigns in
re ug lated facilities or areas leased or owned in whole or part by the City.
Notwithstanding this provision the presence or absence ofsigns shall not be a
defense to a charge ofsmoking in violation o~y other provision of this chapter.
b:~A98 6.11.070 Penalties and Enforcement.
La,) The remedies provided in this chapter are cumulative and in addition to any
other remedies available at law or in equity.
~b (-a~ It is unlawful for any person or employer ~~, °° °~~+~°~ °~ ~+''°" °"+''~'
who owns, manages, operates or otherwise controls the use of any premises
subject to the restrictions of this chapter to fail to comply with its provisions.
~{b}It is unlawful for any person to smoke in any area in which smoking is
prohibited by the provisions of this chapter.
L) It is unlawful for andperson or employer to cause permit abet or conceal a
violation o~ny provision of this chapter. Such violation shall constitute a
violation of this chapter.
Le,Z(~}Notwithstanding any provision to the contrary, any person or employer
eke that violates any provision of this chapter
shall be guilty of an infraction, punishable by:
(1) A fine of one hundred dollars for a first violation;
(2) A fine of two hundred dollars for a second violation within one year of a
previous violation for which the violator has been convicted;
(3) A fine of five hundred dollars for each additional violation of this section
within one year of a second violation of which the violator has been convicted;
(4) For purposes of this chapter, each day that a violation is committed, permitted
or continued shall constitute a separate offense.
(fl An,~ violation o this ch~ter is hereby declared a public nuisance as defined
in Chapter 6 10 and subject to the penalties and enforcement action described
therein.
(g) In addition to the other remedies provided by this chapter or by any other law,
any violation o this chapter may be remedied by a civil action brought by the city
attorney including to administrative or~udicial nuisance abatement proceedings,
civil or criminal code enforcement proceedings and suits for injunctive relief.
~1i Except as otherwise provided enforcement of this chapter is at the sole
discretion of the City Nothing in this chapter shall create a right of action in any
person against the City or its agents to compel public enforcement of this chapter.
(i) An~person,for the interests of itself its members, or the general public may
bring a civil action to enjoin a violation o this chapter by a property owner,
employer business or no~rofit entity or to end in repeat violations o this
chapter by an individual.
~9 6.11.080 Nondiscrimination.
No person shall discharge, refuse to hire, or in any manner discriminate against
any employee or applicant for employment because such employee or applicant
exercises any rights afforded by this chapter.
~8 6.11.090 Severability.
If any section, subsection, subdivision, ' ' paragraph,
sentence, clause, phrase or other provision of this chapter, or its tie application
thereof to any Person or circumstances, is for anv reason ~e held invalid or
unen orceable, such invalidity or unenforceabilitx shall not affect the validity or
en orceability of the remaining sections, subsections, subdivisions, Para raphs,
sentences, clauses, phrase, or other provisions of this chapter which can be given
effect without the invalid section, subsection, subdivision, para_ raph, sentence,
clause, phrase, or provision or application, and to this end the sections,
subsections, subdivisions, sentences, clauses, phrases, or other provisions of this
chapter are declared to be severable.
~.'o~0 6.11.100 Other applicable laws.
(a) This chapter is intended to implement and supplement the provisions of
California Labor Code Section 6404.5, and all other applicable state and federal
laws, and shall not be construed as conflicting with the provisions of California
Labor Code Section 6404.5 or any other applicable state and federal laws.
(b) In the event that California Labor Section 6404.5, or any other applicable
state or,~ederal law, is repealed, this chapter shall remain in full force and effect.
8 6.11.110 Definitions.
The following words and phrases, whenever used in this chapter, shall be
construed as defined in this section:
(1) "Bar, er tavern, lounge or nightclub" means a facility primarily devoted to the
serving of alcoholic beverages, in which the serving of food is incidental. A bar,
er tavern, loun e~ oY nightclub can be freestanding, but also includes those
facilities located within a hotel or motel or other transient occupancy
establishment. When a bar, er tavern, lounge or nightclub is located in
conjunction with another use, such as a restaurant, the definition of bar or tavern
applies only to those areas used primarily for the sale and service of alcoholic
beverages. Bar, er tavern, loun eg or ni hg tclub does not include the dining areas of
a restaurant, regardless of whether alcohol is served in them.
(2) "Business" means anv sole proprietorship, partnership, joint venture,
corporation, association and includes and commercial or industrial
establishment, including, but not limited to, the common areas of a building
which leases space to one or more commercial or industrial tenants.
(3) "Dining area" means any area of a business, which is available to or
customarily used b ty he general public or an employee, and is designed,
established, or rely used for consuming.food or drink regardless if located
on public or private property or whether enclosed or unenclosed. an~`ei~lesed
(4) "Employee" means any person who is employed or retained as an
independent contractor by any employer or nonprofit entity in ~e consideration
for direct or indirect monetary wages or profit or an~erson who volunteers his
or her services or an employer or nonprofit entity
(5) "Employer" means any person, business or nonpro at entitythat retains the
services of one or more employees .
(6) "Enclosed area" means an area in which outside air cannot circulate freely to
all parts of the area, and includes an area that has anv ty~e of overhead cover
whether or not that cover includes vents or other openings and at least three (3)
walls or other vertical boundaries o~y height whether or not those boundaries
include vents or other openings • or our (4) walls or other vertical boundaries
that exceed six (6) eet in height whether or not those boundaries include vents or
other openings
ie~s--an~egress•
{-1-~-} "Gaming club" means any gaming club as defined in Section 19802 of the
Business and Professions Code or bingo facility as defined in Section 326.5 of the
Penal Code that restricts access to minors under the age of eighteen.
L8,2 (~}-"Lobby" means the common public area of a hotel/motel in which
registration and other similar activities are conducted and in which the
establishment's guests and members of the public congregate.
L9,~ (~ "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(10) "Person "means anv natural person business cooperative association
nonprofit entity, personal representative receiver trustee assignee or other
le al entity including government agencies.
(11) "Place of employment "means any area under the legal or de facto control
of an employer that an employee or the general public may have cause to enter in
the normal course of the operations regardless of the hours of operation
~(~ "Place of public assembly" means a room or chamber in which a public
entity conducts a public meeting.
f~ f}-~ "Public place" means any enclosed area to which the public is invited or
in which the public is permitted, including, but not limited to banks, educational
facilities, health facilities, public transportation facilities, reception areas,
restaurants, retail stores, retail service establishments, retail food establishments
and waiting rooms. A private residence is not a "public place."
(14) "Public recreational area" means any area that is owned or operated by the
City of Campbell and open to the general public for recreational purposes
regardless of anv ee or a e requirement. The term "recreational area "includes
but is not limited to the community center the public area located between city
hall and the Campbell library commonly known as the orchard ci reen, parks,
playgrounds, sports,fields, walkingpaths, gardens, hiking trails, bike paths, trails,
swimming pools, roller-and ice-skating rinks, and skateboard parks.
(151 "Reasonable distance area " means a distance of twenty (20,Z,feet in any
direction from any doorway, window opening, crack, or vent o~y area where
smoking is prohibited under section 6.11.020 o this chapter, except while actively
passing on the way to another destination. Nothing in this definition shall limit or
reduce the minimum smoking prohibition distance requirements for and ublicly
owned or utilized building or structure, subject to state or federal regulations.
16 (~ "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern,
cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria
or eating establishment, and any other eating establishment, or organization, club,
including veterans' club, boardinghouse, or guesthouse which gives or offers for
sale food to the public, guests, patrons or employees, as well as kitchens in which
food is prepared on the premises for serving elsewhere, including catering
functions, except that the term "restaurant" shall not include a cocktail lounge or
tavern if said cocktail lounge or tavern is a "bar" as defined in subsection (1) of
this section.
(17) "Service area "means an~publicly or privately owned area, including
streets and sidewalks, that is designed to be used or is regularly used by one or
more persons to receive a service, wait to receive a service or to make a
transaction, whether or not such service or transaction includes the exchange of
money. The term "Service Area" includes, but is not limited to, information
kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters,
mobile vendor lines or cab lines.
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(18) "Smoke "means the gases and particles released into the air by combustion
when the apparent or usual purpose of the combustion is human inhalation of the
resulting combustion products, such as, or example, tobacco smoke, except with
the combustible material contains no tobacco and the purpose of inhalation is
solel~lfactory, such as, for example, smoke from incense.
(19) (~ "Smoking" means engaging in any activity that generates smoke, such
as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar
or a lighted cigarette of any kind: or lighting~ipe, a hookah pipe a cigar or a
curette of any kind ' ,
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20 {-1~-"Theatrical productions" means any movie and television production set
(indoor or outdoor) and live theater.
(21) "Tobacco product" means any substance containing tobacco leaf and any
product or formulation of matter containin~biolo i~ly active amounts off'
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with
the expectation that the product or matter will be introduced into the human body
but does not include any cessation product specificall~pproved by the United
States Food and Drug Administration for use in treating nicotine or tobacco
dependence.
22 {~4} "Tobacco store" means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is merely
incidental.
(23) "Unenclosed area" means any area that is not an enclosed area.
24 {~ "Warehouse facility" means a warehouse facility with more than one
hundred thousand square feet of total floor space, and twenty or fewer full-time
employees working at the facility, but does not include any area within such a
facility that is utilized as office space.
25 (~-5-~"Workplace" means any enclosed places of employment with walls and
a ceiling. Partitioned, individual offices within a larger office space are included,
since they are within a larger building. Individual offices with doors within a
larger office space are included, since they are within a larger building. Indoor
restaurants are also included, since they are considered enclosed places of
employment. n„~a ,. Y +•„ ,.+~o o „~,. oa ~~,, o ~~ o ~,,.
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(~ A private residence is not a workplace, except for those residences licensed as
family day care homes. In those cases, Smoking is prohibited during the hours
when the home is used as a family day care home and in the presence of children.