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:
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.
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.
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."
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)
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)
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)
