Note: Prior ordinance history: Ord. 664.
The City Council finds that the smoking of tobacco, or any other weed or plant, is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant, in public places and places of employment except in designated smoking areas.
(Ord. 2006-1044 § 1)
The following definitions shall govern construction of this chapter unless the context clearly requires other-wise:
"Enclosed area"
means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) and which extends from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.
"Place of employment"
means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a "place of employment" except when used as child-care or healthcare facilities subject to licensing requirements.
"Public place"
means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence is not a "public place."
"Smoke" or "smoking"
as defined in this chapter means and includes: (1) the carrying or use of a lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind; or (2) the carrying, holding, or use of an electronic cigarette ("e-cigarette") as defined in California Revenue and Tax Code Section 30121(c) or a similar device intended to emulate smoking that permits a person to inhale vapors or mists that may or may not include nicotine. "Smoking" also includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant or any other combustible substance, or any e-cigarette, hookah, or other similar device.
(Ord. 2006-1044 § 1; Ord. 2017-1166 § 2)
A. 
Public and Other Places Where Smoking Is Prohibited. Except as otherwise provided by this chapter or by state or federal law, smoking is prohibited everywhere in the City, including, but not limited to:
1. 
Elevators;
2. 
Restrooms;
3. 
Indoor service lines;
4. 
Laundromats;
5. 
Hotels;
6. 
Facilities that are primarily used as theaters, auditoriums, or halls; or that are used for exhibiting motion pictures, stage dramas, musical performances, ballets, lectures, debates, or other similar performances, except when smoking is part of any such performance;
7. 
Waiting rooms, hallways, wards, and rooms and offices of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices;
8. 
Retail food marketing establishments, including grocery stores, convenience stores, warehouse stores, and supermarkets;
9. 
Lobbies, hallways, and other common areas in multiple-unit commercial facilities;
10. 
Buses, taxicabs and other means of public transit under the authority of public entities, and in ticket, boarding and waiting areas of public transit depots; provided, however, that this prohibition does not prevent the establishment of separate waiting areas for smokers and non-smokers provided that at least 60% of a given waiting area shall be designated as a nonsmoking area;
11. 
Public Meeting Rooms. Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers, and places of public assembly in which public business is conducted, when the public business requires or provides participation or observation by the general public;
12. 
Any public park;
13. 
Any public beach;
14. 
Inside any public building (as that term is defined in Government Code Section 7596) or within 50 feet of any entrance, exit or window of a public building;
15. 
In the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area.
(Ord. 2006-1044 § 1; Ord. 2019-1191 § 2)
A. 
Notwithstanding any other provisions of this chapter, the following areas shall not be subject to the smoking restrictions of this chapter, unless the City Code or any other provision of law or regulation otherwise regulates smoking or the use of combustible materials:
1. 
Private residences, except when used as a child care facility, heath care facility, or community care facility;
2. 
Smoking optional hotel rooms rented to guests, which shall not include meeting and banquet facilities. Hotels shall reserve and maintain no less than 50% of the enclosed areas of guest rooms as smoke-free rooms;
3. 
Retail stores that deal exclusively in the sale of tobacco and smoking paraphernalia;
4. 
Vehicles;
5. 
Enclosed areas, while bingo games are being conducted pursuant to Penal Code Section 326.5 and with a valid conditional use permit; provided that: (a) no person under the age of 18 is present on the premises, (b) physically separate smoke-free room(s) are provided to patrons, and (c) a separate ventilation system is provided for the smoke-free room(s). The operator of a bingo game shall comply with the requirements of this chapter within six months of the effective date of the ordinance codified in this chapter.
B. 
Notwithstanding any other provision of this chapter, any owner, operator, manager, or other person who controls any property may prohibit smoking within the entire property or a portion of the property.
(Ord. 2006-1044 § 1)
Signs which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently and conspicuously posted in every room, building or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, so that they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. The manner of such posting including the wording, size, color, design and place of posting whether on the walls, doors, tables, counters, stands or elsewhere shall be at the discretion of the owner, operator, manager or other person having control of such room, building or other place so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this chapter.
(Ord. 2006-1044 § 1)
No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this chapter, except in a designated waste disposal container.
(Ord. 2006-1044 § 1)
A. 
A violation of this chapter is an infraction and shall be punished by a fine of $250.00.
B. 
The City Manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City of Imperial Beach are involved.
C. 
It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees.
D. 
Punishment under this chapter shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
E. 
The City Prosecutor, City Attorney, any peace officer or City code enforcement officer may enforce this chapter.
(Ord. 2006-1044 § 1)
If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
(Ord. 2006-1044 § 1)