SECTIONS 118920-118945 - California Statutes

HEALTH AND SAFETY CODE

SECTION 118920-118945

118920. (a) The Legislature hereby finds and declares that the
United States Surgeon General's 1986 Report on the Health
Consequences of Involuntary Smoking conclude all of the following:
(1) Involuntary smoking is a cause of disease, including lung
cancer, in healthy nonsmokers.
(2) The children of parents who smoke compared with the children
of nonsmoking parents have an increased frequency of respiratory
infections, increased respiratory symptoms, and slightly smaller
rates of increase in lung function as the lungs mature.
(3) The simple separation of smokers and nonsmokers within the
same air space may reduce, but does not eliminate, the exposure of
nonsmokers to environmental tobacco smoke.
(b) The Legislature further finds and declares the following:
(1) Nonsmokers have no adequate means to protect themselves from
the damage inflicted upon them when they involuntarily inhale tobacco
smoke.
(2) Regulation of smoking in public places is necessary to protect
the health, safety, welfare, comfort, and environment of nonsmokers.
(c) It is, therefore, the intent of the Legislature, in enacting
this article, to eliminate smoking on public transportation vehicles.

118925. It is unlawful for any person to smoke tobacco or any other
plant product in any vehicle of a passenger stage corporation, the
National Railroad Passenger Corporation (Amtrak) except to the extent
permitted by federal law, in any aircraft except to the extent
permitted by federal law, on a public transportation system, as
defined by Section 99211 of the Public Utilities Code, or in any
vehicle of an entity receiving any transit assistance from the state.

118930. A notice prohibiting smoking, displayed as a symbol and in
English, shall be posted in each vehicle or aircraft subject to this
article.

118935. (a) Every person and public agency providing transportation
services for compensation, including, but not limited to, the
National Railroad Passenger Corporation (Amtrak) to the extent
permitted by federal law, passenger stage corporations, and local
agencies that own or operate airports, shall designate and post, by
signs of sufficient number and posted in locations that may be
readily seen by persons within the area, a contiguous area of not
less than 75 percent of any area made available by the person or
public agency as a waiting room for these passengers where the
smoking of tobacco is prohibited. Not more than 25 percent of any
given area may be set aside for smokers.
(b) Every person or public agency subject to subdivision (a) shall
also post, by sign of sufficient number and posted in locations as
to be readily seen by persons within the area of any building where
tickets, tokens, or other evidences that a fare has been paid for
transportation services that are provided by the person or public
agency, a notice that the smoking of tobacco by persons waiting in
line to purchase the tickets, tokens, or other evidences that a fare
has been paid is prohibited.
(c) It is unlawful for any person to smoke in an area posted
pursuant to this section.

118940. This article does not preempt any local ordinance on the
same subject where a local ordinance is more restrictive to the
benefit of the nonsmoker.

118945. Any violation of this article is an infraction punishable
by a fine not exceeding one hundred dollars ($100) for a first
violation, by a fine not exceeding two hundred dollars ($200) for a
second violation within one year, or by a fine not exceeding five
hundred dollars ($500) for a third and for each subsequent violation
within one year.