Hawaii County, HI Prohibition of Smoking in Certain Places

HI, US

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Type: County Code

Status: Last Updated in 2007

Source File: http://co.hawaii.hi.us/countycode/chapter14.pdf

Text:

Article 4. Prohibition of Smoking in Certain Places.

Section 14-20. Definitions.

(a) As used in this article, unless the context requires otherwise:

(1) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

“Incidental” means that for the prior calendar year, gross sales of food are less than one-third of gross sales of alcoholic beverages. A “bar” is authorized under a license issued by the department of liquor control.

(2) “Bowling alley” means a building where people go to bowl.

(3) “Building” means any area enclosed by a roof and at least three walls.

(4) “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

(5) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.

(6) “Commercial building” means a building occupied by two or more commercial tenants.

(7) “Enclosed or partially enclosed area(s)” means area(s) closed in by a roof or overhang and at least two walls.

(8) “Hotel” means a transient vacation rental, other than a bed and breakfast home containing lodging or dwelling units.

(9) “Multifamily dwelling” means a building containing more than two dwelling units.

(10) “Nightclub” means a bar in which live entertainment is provided and in which facilities for dancing by patrons either by live entertainment or recorded music are provided.

(11) “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.

(12) “Restaurant” means any retail eating establishment where food is served or provided for on-site consumption by seated patrons that is authorized by the State department of health to operate as a food establishment, including any private food service establishment or club in which only members or their guests are permitted, but excluding a “bar.” If a restaurant includes an area devoted to the serving of alcoholic beverages, that area shall be deemed part of the “restaurant,” not a separate “bar,” for this article. An establishment that is a “restaurant” shall have that status for all hours of operation.

(13) “Smoke” or “smoking” means inhaling or exhaling the fumes of tobacco or any other plant material, or burning or carrying any lighted smoking equipment for tobacco or any other plant material; the personal habit commonly known as smoking, including smoking cigarettes, cigars, or pipes.

(14) “Tobacco product” means tobacco in any form including cigarettes.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2; Am. 2003, Ord. 03-112, sec. 2; Am. 2007, Ord. No. 07-4, sec. 1.)14-20

Section 14-21. Prohibition of smoking in certain places.

(a) Except as otherwise provided in this article, smoking shall be prohibited in all enclosed places within the County, including but not limited to, the following places:

(1) Patient rooms, wards, waiting rooms, lobbies, and public hallways of public and private health care facilities, including, but not limited to, hospitals, clinics, and physicians’ and dentists’ offices.

(2) Restaurants and bowling alleys, except as outlined in sections 14-21(a)(2)(A) and 14-21(a)(2)(B) below. If a restaurant or bowling alley contains an outdoor, open air or partially enclosed seating area where food and beverages are served, smoking is prohibited in this area of the establishment.

(A) Through August 31, 2004, smoking shall be permitted in a separate bar area of a restaurant when the business operating the restaurant refrains from designating the area as nonsmoking. A “separate bar area of a restaurant” means an indoor area of a restaurant that is in compliance with all of the following:

(i) The area is devoted primarily to the serving of alcoholic beverages for consumption by patrons in the area.

(ii) On a monthly basis, the gross sales of food to patrons for consumption in the area are less than one-third of the gross sales of alcoholic beverages to patrons for consumption in the area.

(B) Beginning September 1, 2004, a restaurant may continue to operate a separate bar area, as defined above, provided that:

(i) There is a physical separation (consisting of solid walls with no door or window opening into the restaurant area) between the separate bar area and restaurant;

(ii) The entrance into the bar area is totally separate and at least fifteen feet from the entrance into the restaurant; and

(iii) The restaurant and separate bar area have separate ventilation systems.

(3) Any enclosed or partially enclosed area or building owned, leased, operated, or maintained by the County, except for residential dwelling units which shall be regulated herein as multifamily dwellings.

(4) Except as provided in section 14-22, all business and not-for-profit establishments, including but not limited to, auditoriums, theaters, halls, museums, libraries, galleries, classrooms, private offices, conference or meeting rooms and all other enclosed facilities. This also includes common areas, including but not limited to, work areas, elevators, hallways, cafeterias, employee lounges, stairs, and restrooms.

(5) All enclosed or partially enclosed areas within multifamily dwellings that are open to the common use of all unit owners or residents, including but not limited to, lobbies, elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas.

(6) All enclosed or partially enclosed areas within commercial buildings not subject to the exclusive use and possession of a tenant and open to the common use of the tenants of the building and their employees and customers, including but not limited to, common entrance areas, restrooms, lobbies, elevators, malls, hallways, corridors, escalators, stairways, and waiting or rest areas within commercial buildings.

(7) In the event a building is both a multifamily dwelling and a commercial building, as defined in this article, all common use areas except for private residences.

(8) All enclosed or partially enclosed areas within hotels that are open to the common use of the public, hotel guests, or hotel employees, including but not limited to, restrooms, lobbies, elevators, hallways, corridors, stairways, waiting areas, recreation areas, banquet halls, banquet rooms, and ballrooms.

(9) In the event a building is both a commercial building and a hotel, all common use areas except for hotel rooms rented to guests and designated as smoking rooms.

(10) All vehicles owned or leased by the County.

(11) Taxicabs.

(12) Private residences, during hours of operation, when used as a licensed child care, adult day care or health care facility, except in residences where the care facility is physically detached from the residence or is separated from the owner’s area.

(13) Smoking is prohibited within a reasonable distance from any entrance to, exit from, or any fresh air intake of any enclosed area where smoking is prohibited to insure that tobacco smoke does not enter the enclosed area through entrances, windows, ventilation systems, or other means.

(14) Areas within private residences, during hours of operation, that are used for the care of patients or clients in licensed residential care homes, except in residences where the care facility is physically detached from the residence or is completely separated by a solid wall with no other openings except closable doors or windows, which shall remain closed during hours of operation from the owner’s area where clients or patients are not allowed.

(b) Except as otherwise provided in this article, smoking of cigarettes or tobacco products, or use of any tobacco products shall be prohibited in the following open areas and its facilities within the County:

(1) Kahalu‘u Beach Park

(1977, Ord. No. 279, sec. 2; Am. 1977, Ord. No. 302, sec. 1; Am. 1982, Ord. No. 812, sec. 1; Am. 1987, Ord. No. 87-1, sec. 2; Am. 2003, Ord. No. 03-112, sec. 2; Am. 2007, Ord. No. 07-4, sec. 2.

Section 14-22. Exceptions.

(a) Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt:

(1) Private residences, except as prohibited in sections 14-21(a)(12) and 14-21(a)(14).

(2) Individual hotel and motel rooms that are rented to guests and are designated as smoking rooms.

(3) Bars.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2; Am. 2003, Ord. No. 03-112, sec. 2.)14-22

Section 14-23. Posting of signs.

(a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this article, by the owner, operator, manager, or other person having control of such place.

(b) Alternate means of notification may be employed provided the effect thereof is equivalent to the notice given by signs described in subsection (a).

(c) Every public place and place of employment where smoking is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

(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 days. Thereafter, the violation shall carry a fine as provided in section 14-24(b) and/or 14-24(c). Each violation cited shall constitute a separate offense.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2; Am. 2003, Ord. No. 03-112, sec. 2.)14-23

Section 14-24. Violations and penalties.

(a) It is unlawful for any person to smoke in a place within the County where smoking is prohibited.

(b) Any person violating any of the provisions of subsection 14 21(a) shall be fined not less than $25 and not more than $50. Any person violating subsection 14-21(b) shall be fined $100 for each separate offense. (c) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $200 for a second violation within one year of the date of the first violation; and

(3) A fine not exceeding $500 for each additional violation within one year of the date of the preceding violation.

(1977, Ord. No. 279, sec. 2; Am. 1987, Ord. No. 87-1, sec. 2; Am. 2003, Ord. No. 03-112, sec. 2; Am. 2007, Ord. No. 07-4, sec 3.)

Section 14-24.1. Enforcement and administration.

(a) Summons or citation.

(1) There shall be provided for use by an officer or employee of 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 of 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 and the County.

(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 department of public works of the County, which department shall have the power to formulate any applicable rules and regulations necessary to carry out the provisions of section 14-23.

(c) Except as provided in section 14-24.1(b), enforcement of this ordinance shall be under the jurisdiction of the 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.

(1987, Ord. No. 87-1, sec. 2; Am. 2003, Ord. No. 03-112, sec. 2.)14-24.1

Section 14-24.2. 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.

(1987, Ord. No. 87-1, sec. 2; Am. 2003, Ord. No. 03-112, sec. 2.)