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:
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;
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)
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)
Smoking is prohibited in all buildings, vehicles or other enclosed
areas occupied by City employees owned or leased by the City, or otherwise
operated by the City.
(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)