This chapter may be referred to as the city's "Comprehensive
Secondhand Smoke Control Ordinance."
(Ord. 677 § 2, 2008)
The purposes of this chapter are to:
A. Protect
the public health, safety and general welfare by prohibiting smoking
in public places under circumstances where other persons will be exposed
to secondhand smoke.
B. Assure
a cleaner and more hygienic environment for the city, its residents,
and its natural resources, including its creeks and streams.
C. Strike
a reasonable balance between the needs of persons who smoke and the
needs of nonsmokers, including children, to breathe smoke-free air,
recognizing the threat to public health and the environment which
smoking causes.
D. Recognize
the right of residents and visitors to the city to be free from unwelcome
secondhand smoke.
(Ord. 677 § 2, 2008)
The following definitions shall govern construction of this
chapter unless the context clearly requires otherwise:
"Business"
means any sole proprietorship, partnership, joint venture,
corporation, association, or other entity formed for profit-making
purposes or that has an employee.
"Common area at a shopping center"
means any indoor or outdoor common area of a shopping center
accessible to and usable by the occupants or customers of more than
one retail establishment, including, but not limited to, halls, lobbies,
outdoor eating areas, playgrounds and parking lots.
"Employee"
means any person who is employed or retained as an independent
contractor by any employer or any person who volunteers his or her
services for an employer, association, or nonprofit entity.
"Employer"
means any person, partnership, corporation, association,
nonprofit or other entity who or which employs or retains the service
of one or more employees.
"Enclosed area"
means:
1.
Any covered or partially covered area having more than fifty
percent of its perimeter walled or otherwise closed to the outside
such as, for example, a covered porch with more than two walls; or
2.
Any space open to the sky (hereinafter "uncovered")
having more than seventy-five percent of its perimeter walled or otherwise
closed to the outside such as, for example, a courtyard;
3.
Except that an uncovered space of three thousand square feet
or more is not an enclosed area, such as, for example, a field in
an open-air arena.
"Health facilities"
means hospitals, clinics, physical therapy facilities, doctors'
offices, dentists' offices and all similar or related facilities,
including bed space areas, private rooms, waiting rooms, hallways
and other public areas of such health facilities.
"Landlord"
means any person other than a sublessor who owns real property
leased as residential property, who lets residential property, or
who manages such property.
"Multi-unit residence"
means a premises that contains two or more units rented or available to be rented and not occupied by a landlord of the premises. Multi-unit residence does not include a condominium as that term is defined in Section
17.72.030 of this code.
"Multi-unit residence common area"
means any indoor or outdoor area of a multi-unit residence
accessible to and usable by residents of more than one unit, including,
but not limited to, halls and paths, lobbies, laundry rooms, common
cooking areas, outdoor eating areas, playgrounds, swimming pools,
and parking areas.
"Nonprofit entity"
means any entity that meets the requirements of California
Corporations Code Section 5003 as well as any corporation, unincorporated
association or other entity created for charitable, religious, philanthropic,
educational, political, social or similar purposes, the net proceeds
of which are committed to the promotion of the objectives of the entity
and not to private gain. A public agency is not a nonprofit entity
within the meaning of this section.
"Place of employment"
means any area under the legal or de facto control of an
employer, business or nonprofit entity that an employee or the general
public may enter in the normal course of operations, but regardless
of the hours of operation, including, for example, indoor and outdoor
work areas, construction sites, vehicles used in employment or for
business purposes, taxis, employee lounges, conference and banquet
rooms, bingo and gaming facilities, long-term health facilities, warehouses,
and, while employees, children or patients are present, private residences
that are used as child-care or health-care facilities subject to licensing
requirements.
"Playground"
means any park or recreational area designed in part to be
used by children that has play or sports equipment installed or has
been designated or landscaped for play or sports activities, or any
similar facility located on public or private school grounds, or on
city property.
"Premises"
means a parcel of land and any improvements upon it such
as is usually described in a deed, deed of trust or mortgage, and
includes legally separate but contiguous pieces of land that are owned
by the same natural person or by legal persons under common control.
"Present"
means within a reasonable distance.
"Public place"
means any public or private place open to the general public
regardless of any fee or age requirement, including, for example,
streets, sidewalks, plazas, bars, restaurants, clubs, stores, stadiums,
parks, playgrounds, taxis, buses and other public transportation.
"Reasonable distance"
means a distance of twenty feet or, with respect to a designated
smoking area, such greater distance as the city manager reasonably
determines in writing to be necessary in a given circumstance to ensure
that occupants of an area in which smoking is prohibited are not exposed
to secondhand smoke created by smokers outside the area.
"Recreational area"
means any public or private area open to the public for recreational
purposes whether or not any fee for admission is charged, including
without limitation, parks, gardens, sporting facilities, stadiums,
and playgrounds.
"Shopping center"
means any parcel of land zoned and used for retail sales
by more than one retailer that is jointly operated or which includes
shared parking facilities.
"Smoking" or to "Smoke"
means possessing or to possess a lighted tobacco product,
lighted tobacco paraphernalia, or any other lighted weed or plant
(including but not limited to, a lighted pipe, lighted hookah pipe,
lighted cigar, or lighted cigarette of any kind), or the lighting
of a tobacco product, tobacco paraphernalia, or any other weed or
plant (including but not limited to, a pipe, a hookah pipe, cigar,
or cigarette of any kind).
"Tobacco product"
means any substance containing tobacco leaf, including but
not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco.
"Unit"
means:
1.
A dwelling space consisting of essentially complete independent
living facilities for one or more persons, including, for example,
permanent provisions for living and sleeping, and any associated private
outdoor spaces such as balconies and patios; and
2.
Senior citizen housing and single room occupancy hotels, as
defined in California
Health and Safety Code Section 50519(b)(1),
even where lacking private cooking or plumbing facilities. "Unit"
does not include lodging in a hotel or motel that meets the requirements
set forth in California
Civil Code Section 1940(b)(2).
(Ord. 677 § 2, 2008)
For all purposes within the jurisdiction of the city, nonconsensual
exposure to secondhand smoke in violation of this chapter is a nuisance,
and the uninvited presence of secondhand smoke on property in violation
of this chapter is a nuisance and a trespass.
(Ord. 677 § 2, 2008)
No person shall smoke in an area in which smoking is otherwise
permitted by this chapter or other law within a reasonable distance
from any entrance, opening, crack, or vent into an enclosed area in
which smoking is prohibited by this chapter, other law or by the owner,
lessee or licensee of that enclosed area.
(Ord. 677 § 2, 2008)
Smoking is prohibited: (A) on the premises of a multi-unit residence
and (B) in any public place within a reasonable distance of any entrance,
opening, or other vent into an enclosed area of a multi-unit residence
in which smoking is prohibited by this chapter, other provisions of
this code, or other law. For example, and without limitation, smoking
on balconies, porches, or patios of a nonsmoking unit is prohibited.
(Ord. 677 § 2, 2008)
Every landlord shall maintain a list of designated nonsmoking
units and a floor plan identifying the relative positions of smoking
and nonsmoking units. The floor plan also shall identify the location
of any designated smoking areas. A copy of this list and floor plan
shall accompany every new lease or other agreement for the occupancy
of a unit in a multi-unit residence entered into after the sooner
of: (A) the date nonsmoking units are first designated by the landlord
under this chapter or (B) January 1, 2012.
(Ord. 677 § 2, 2008)
"No Smoking" or "Smoke Free" signs, with letters of not less than one inch in height 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) or any alternative signage approved by the city manager shall be conspicuously posted by the person, employer, business, or nonprofit entity who or which has legal or de facto control of such place at each entrance to a public place in which smoking is prohibited by this chapter or any other place where the city manager reasonably determines that smoking in violation of this chapter has occurred, or is likely to occur. The city manager shall post signs at each entrance to a public place in which smoking is prohibited by this chapter which is owned or controlled by the city. Signage required by this subsection shall not be subject to Chapter
17.18 ("Signs") of this code. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter, except as to an area in which smoking is prohibited only by Section
8.10.060(C) of this chapter.
(Ord. 677 § 2, 2008)
No person or employer shall discharge, refuse to hire, or in
any manner retaliate against any employee or applicant for employment
because such employee or applicant exercises any rights afforded by
this chapter.
(Ord. 677 § 2, 2008)