The following words and phrases, whenever used in this chapter,
shall have the meanings defined in this section unless the context
clearly requires otherwise:
"Adjacent unenclosed property"
means any unenclosed area of property, publicly or privately
owned, that abuts a multiunit residence, but does not include property
containing detached single-family homes.
"Business"
means any sole proprietorship, partnership, joint venture,
corporation, association, landlord, or other entity formed for profit-making
purposes. A business also includes owner-operated entities with no
employees in which the owner is the only worker.
"Cannabis"
has the meaning set forth in California Business and Professions
Code Section 26001(f), as that section may be amended from time to
time.
"Common area"
means every enclosed area and unenclosed area of a multiunit
residence that residents of more than one unit of that multiunit residence
are entitled to enter or use, including, but not limited to, halls,
pathways, lobbies, courtyards, elevators, stairs, community rooms,
playgrounds, gym facilities, swimming pools, parking garages, parking
lots, grassy or landscaped areas, restrooms, laundry rooms, cooking
areas, and eating areas.
"Dining area"
means any area, including streets and sidewalks, that is
available to or customarily used by the general public or an employee,
and that is designed, established, or regularly used for consuming
food or drink, including, but not limited to, restaurants.
"Electronic smoking device"
means any device that may be used to deliver any aerosolized
or vaporized substance to the person inhaling from the device, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or
e-hookah. Electronic smoking device includes any component, part,
or accessory of the device, and also includes any substance that may
be aerosolized or vaporized by such device, whether or not the substance
contains nicotine. Electronic smoking device does not include drugs,
devices, or combination products authorized for sale by the U.S. Food
and Drug Administration, as those terms are defined in the Federal
Food, Drug, and Cosmetic Act.
"Employee"
means any person who is employed or retained as an independent
contractor by any employer in consideration for direct or indirect
monetary wages or profit, or any person who volunteers his or her
services for an employer.
"Employer"
means any business or nonprofit entity that retains the service
of one or more employees.
"Enclosed area"
means an area in which outside air cannot circulate freely
to all parts of the area, and includes an area that has:
1.
Any type of overhead cover, whether or not that cover includes
vents or other openings, and is bounded by walls, doorways, windows,
or vegetation of any height, whether open or closed, covering more
than 50% of the combined surface area of the vertical planes constituting
the perimeter of the area; or
2.
Walls or other vertical constraints to airflow, including, but
not limited to, vegetation, covering more than 50% of the combined
surface area of the vertical planes constituting the perimeter of
the area that exceed 6 feet in height, whether or not those boundaries
include vents or other openings.
"Multiunit residence"
means property containing 2 or more units, including, but
not limited to, apartment buildings, condominium complexes, senior
and assisted living facilities, hotels and motels, and longterm health
care facilities. Multiunit residences do not include the following:
4.
A single-family home, except if used as a health care facility
subject to licensing requirements; and
5.
A single-family home with a detached or attached in-law or second
unit permitted pursuant to California
Government Code Sections 65852.1,
65852.150, 65852.2, as they may be amended from time to time, or an
ordinance of the City adopted pursuant to those sections, except if
the single-family home or inlaw/second unit is used as a health care
facility subject to licensing requirements.
"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 or purposes
of the entity and not to private gain. A government agency is not
a nonprofit entity within the meaning of this chapter.
"Nonsmoking area"
means any enclosed area or unenclosed area in which smoking
is prohibited by
1.
This chapter or other law;
2.
Binding agreement relating to the ownership, occupancy, or use
of real property; or
3.
A person with legal control over the area.
"Person"
means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity, including government agencies.
"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 employment includes all retail or wholesale
tobacco shops, and all tobacco retailers licensed by the City.
"Private smokers' lounge"
means any enclosed area in or attached to a retailer wholesale
tobacco shop that is dedicated to the use of tobacco products, including,
but not limited to, hookahs, cigars, and pipes.
"Public place"
means any place, publicly or privately owned, which is open
to the general public regardless of any fee or age requirement.
"Reasonable distance"
means a distance of 20 feet in any direction from an area
in which smoking is prohibited.
"Recreational area"
means any area including streets and sidewalks publicly or
privately owned and open to the general public for recreational purposes,
regardless of any fee or age requirement. "Recreational area"
includes, but is not limited to, parks, picnic areas, playgrounds,
sports fields, golf courses, walking paths, gardens, hiking trails,
bike paths, riding trails, swimming pools, roller- and ice-skating
rinks, skateboard parks, amusement parks, and beaches.
"Retail or wholesale tobacco shop"
means any business establishment, the main purpose of which
is the sale of tobacco products, including, but not limited to, cigars,
pipe tobacco, electronic smoking devices and smoking accessories.
"Service area"
means any 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. "Service area" includes,
but is not limited to, areas including or adjacent to information
kiosks, automatic teller machines (ATMs), ticket lines, bus stops
or shelters, mobile vendor lines, or cab stands.
"Smoke"
means the gases, particles, or vapors released into the air
as a result of combustion, electrical ignition, heating, or vaporization,
when the apparent or usual purpose of the combustion, electrical ignition,
heating, or vaporization is human inhalation of the byproducts, except
when the combusting or vaporizing material contains no cannabis, tobacco,
or nicotine and the purpose of inhalation is solely olfactory, such
as, for example, smoke from incense. "Smoke" includes,
but is not limited to, tobacco smoke, aerosol from an electronic device
or heated product, and cannabis smoke or aerosol.
"Smoking"
means inhaling, exhaling, burning, or carrying any lighted
or heated cigar, cigarette, or pipe, or any other lighted or heated
tobacco product, cannabis product, or any plant product intended for
inhalation, whether natural or synthetic, in any manner or in any
form. "Smoking" includes the use of an electronic smoking
device that creates an aerosol or vapor, in any manner or in any form,
or the use of any oral smoking device for the purpose of circumventing
the prohibition of smoking, and includes, but is not limited to tobacco
smoke, vapors from an electronic device, and cannabis smoke or aerosol.
"Tobacco product"
means:
1.
Any product containing, made, or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to, cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff; and
2.
Any electronic smoking device, including, but not limited to,
an electronic cigarette, electronic cigar, electronic pipe, or electronic
hookah.
3.
Notwithstanding any provision of subsections (1) and (2) to
the contrary, "tobacco product" includes any component,
part, or accessory intended or reasonably expected to be used with
a tobacco product, whether or not sold separately. "Tobacco
product" does not include a product that has been approved by
the United States Food and Drug Administration for sale as a tobacco
cessation product or for other therapeutic purposes where the product
is marketed and sold solely for such an approved purpose.
"Unit"
means a personal dwelling space, even where lacking cooking
facilities or private plumbing facilities, and includes any associated
exclusive-use enclosed area or unenclosed area, such as, for example,
a private balcony, porch, deck, or patio. "Unit" includes,
but is not limited to, an apartment; a condominium; a townhouse; a
room in a long-term health care facility, assisted living facility,
or hospital; a hotel or motel room; a room in a single room occupancy
("SRO") facility; a room in a homeless shelter; a mobile
home; a camper vehicle or tent; a single-family home; and an in-law
or second unit.
(Ord. 2020-489 §2)
Smoking is prohibited in all enclosed areas, including buildings
and vehicles owned, leased, or operated by the City.
(Ord. 2020-489 §2)
Smoking is prohibited in the enclosed areas of the following
places within the City:
C. Common
areas of multiunit residences;
D. Retail
and wholesale tobacco shops;
E. Private
smokers' lounges;
(Ord. 2020-489 §2)
Smoking is prohibited in all units of a multiunit residence,
including any associated exclusive-use enclosed areas or unenclosed
areas, such as a private balcony, porch, deck, or patio.
(Ord. 2020-489 §2)
It is the intent of the City to supplement applicable State
and Federal law and not to duplicate or contradict such law and this
ordinance shall be construed consistently with that intention. If
any section, subsection, subdivision, paragraph, sentence, clause,
or phrase of this ordinance, or its application to any person or circumstance,
is for any reason held to be invalid or unenforceable, such invalidity
or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases of this chapter, or its application
to any other person or circumstance. The City hereby declares that
it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, or phrase hereof independently, irrespective of
the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases hereof be declared invalid
or unenforceable.
(Ord. 2020-489 §2)