The city council finds, determines and declares that:
A. 
Tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs; and
B. 
More than four hundred forty thousand people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and
C. 
The World Health Organization estimates that by 2030, tobacco will account for ten million deaths per year, making it the greatest cause of death worldwide; and
D. 
The United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and
E. 
Secondhand smoke is responsible for an estimated thirty-eight thousand deaths among non-smokers each year in the United States, which includes three thousand lung cancer deaths and thirty-five thousand deaths due to heart disease; and
F. 
Eighty-seven and nine-tenths percent of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and
G. 
Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke; and
H. 
Secondhand smoke exposure causes as many as three hundred thousand children in the United States under the age of eighteen months to suffer lower respiratory tract infections, such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the risk of acute, chronic, middle-ear infections in children; and
I. 
The total cost of smoking in California was estimated as four hundred seventy-five dollars per resident or three thousand three hundred thirty-one dollars per smoker per year, for a total of nearly fifteen billion eight hundred million in smoking-related costs in 1999 alone; and
J. 
Cigarettes, cigars, pipes and other smoking materials are the leading cause of fire deaths in the United States, causing an estimated thirty-one thousand two hundred structure fires and eight hundred thirty deaths in 2001; and
K. 
Eighty-four percent of Californians are non-smokers; and
L. 
There is no Constitutional right to smoke; and
M. 
State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; and
N. 
California law declares that anything that is injurious to health or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property is an nuisance; and
O. 
Local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and
P. 
It is the intent of the city council of the city of Temecula in enacting the ordinance codified in this chapter, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes; and
Q. 
It is the intent of the city council of the city of Temecula to supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws. This chapter shall be construed consistently with that intention.
(Ord. 07-05 § 1)
For the purposes of this chapter the following definitions shall govern 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, as defined in this section.
"Dining area"
means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink.
"Employee"
means any person who is employed; retained as an independent contractor by any employer, as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit, or volunteer entity.
"Employer"
means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers.
"Enclosed"
means:
1. 
Any covered or partially covered space having more than fifty percent of its perimeter area walled in 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 area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand square feet or more is not enclosed, such as, for example, a field in an open-air arena.
"Nonprofit entity"
means any entity that meets the requirements of Section 5003 of the California Corporations Code 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 public agency is not a nonprofit entity within the meaning of this section.
"Park"
means any community park, neighborhood park, special use, or any other recreational facility maintained by the city of Temecula,
"Person"
means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
"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 have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, longterm health facilities and warehouses.
"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 grounds.
"Public place"
means any place, public or private, open to the general public regardless of any fee or age requirement; including, for example, bars, restaurants, clubs, stores, shopping centers, stadiums, parks, playgrounds, taxis and buses.
"Public plaza"
means any unenclosed public place other than a sidewalk that is paved and permanently set aside for pedestrian use; including, for example, courtyards, plazas, and promenades.
"Reasonable distance"
means a distance of twenty-five feet in any direction from an area in which smoking is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will enter nonsmoking areas.
"Recreational area"
means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums and playgrounds.
"Service area"
means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money; including, for example, automated teller machines (ATMs), bank teller windows, telephones, ticket lines, bus stops and cab stands.
"Significant tobacco retailer"
means any tobacco retailer that derives seventy-five percent or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia.
"Smoking" or "to smoke"
means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" or "to smoke" 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.
(Ord. 07-05 § 1; Ord. 07-10 § 1; Ord. 07-11 § 1; Ord. 14-01 § 5; Ord. 19-02 § 5)
A. 
Enclosed Places. Smoking is prohibited in the following enclosed places except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law:
1. 
Public places;
2. 
Places of employment;
3. 
Enclosed areas that are adjacent to an enclosed area in which smoking is prohibited by any other provision of this chapter, state law, or federal law and have a common or shared air space; such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. For these purposes, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space;
4. 
Enclosed areas that have common or shared ventilation, air conditioning, or heating system with an enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space.
B. 
Unenclosed Places. Smoking is prohibited in the following unenclosed places except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies:
1. 
Places of employment;
2. 
Service areas;
3. 
Dining areas;
4. 
Parks, playgrounds, and recreational areas;
5. 
The grounds of any public or private elementary or secondary school and includes the possession of tobacco, nicotine, vapes, and smoking paraphernalia. This subsection does not prohibit the possession of smoking cessation products;
6. 
Ticket, boarding and waiting areas of transit depots;
7. 
Public plazas; and
8. 
The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs; provided, however, that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area.
C. 
Unless otherwise prohibited by law, smoking is permitted in the following locations:
1. 
By performers during theatrical productions, if smoking is a part of the theatrical production;
2. 
Private residential property, except when designated as nonsmoking under Chapter 17.30 of this code or used as a childcare or health care facility subject to licensing requirements and children, patients, or employees are present;
3. 
Up to twenty percent of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that eighty or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms;
4. 
Outdoor dining areas of businesses operating under an on-sale license for public premises issued by the California Department of Alcoholic Beverage Control.
(Ord. 07-05 § 1; Ord 07-11 § 1; Ord. 07-10 § 1; Ord. 19-02 § 5; Ord. 23-07, 9/12/2023)
A. 
Smoking is prohibited in all unenclosed areas within a reasonable distance of:
1. 
Any entrance, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while the person smoking is actively passing on the way to another destination and so long as smoke does not enter any enclosed area in which smoking is prohibited.
2. 
Any unenclosed area in which smoking is prohibited under of Section 8.36.030(B) of this chapter except while the person smoking is actively passing on the way to another destination.
B. 
The prohibitions in subsection A of this section shall not apply to areas of private property that are not part of a place of employment or public place.
(Ord. 07-05 § 1)
A. 
No person, employer, business or nonprofit entity shall knowingly permit the smoking of tobacco products in an area which is under the legal or de facto control of the person, employer, business or nonprofit entity and in which smoking is prohibited by this chapter.
B. 
No person, employer, business or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the person, employer, business or nonprofit entity and in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable distance required by this chapter.
C. 
Notwithstanding any other provision of this chapter, any owner, landlord, employer, business, nonprofit entity or other person who controls any property, establishment or place of employment regulated by this chapter may declare any part of such area in which smoking would otherwise be permitted to be a nonsmoking area.
D. 
"No Smoking" or "Smoke Free" signs, with letters of no 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) shall be clearly, sufficiently and conspicuously posted in every enclosed and unenclosed place in which smoking is prohibited by this chapter, by the person, employer, business or nonprofit entity that has legal or de facto control of such place. For purposes of this chapter, the city manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the city. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.
(Ord. 07-05 § 1)
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
A. 
Violations of this chapter are subject to penalty pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code.
B. 
No person shall intimidate, harass or otherwise retaliate against any person who seeks to attain compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this chapter.
C. 
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is prohibited.
D. 
A violation of this chapter is declared to be a public nuisance.
E. 
In addition to other remedies provided by this chapter or otherwise available at law or in equity, any violation of this chapter may be remedied by a civil action brought by the city, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(Ord. 07-05 § 1)