Note: Prior ordinance history: Ords. 1548, 1479, 1262.
The city council finds as follows:
A. 
Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and
B. 
The U.S. Environmental Protection Agency has determined that second-hand smoke is a Class A carcinogen for which there is no safe exposure level; and
C. 
Reliable studies have shown that breathing second-hand smoke is a particular health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and
D. 
Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and
E. 
Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and
F. 
The simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to second-hand smoke; and
G. 
Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment; and
H. 
A prohibition on smoking in all public parks protects children and adults from exposure to second hand smoke, reduces fire danger, and limits unsightly litter from cigarette butts.
Accordingly, the city council finds and declares that the purposes of this chapter are: (1) to protect the public health and welfare by prohibiting smoking in public places and in places of employment; (2) to help people to avoid becoming addicted, and to help people who wish to quit smoking, by limiting their unintentional exposure to smoking, tobacco products and inducements to smoke; and (3) to strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.
(Ord. 1609 § 1, 1993; Ord. 2125 § 2, 2015)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bar"
means an area within, part of, or associated with a restaurant, which is not a freestanding bar as defined in subsection H, which primarily serves alcoholic beverages intended for consumption on the premises and which, as only incidental to serving such beverages, serves food, has music and/or dancing, provides coin-operated amusement devices, or provides pool tables, darts or other similar activities.
"Business"
means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
"Designated smoking room"
means a room, with a floor area no greater than 25 percent of the total floor area of the establishment in which it is located, which has been designated as a smoking area, and has been posted with the appropriate signs under Section 9.24.070. The following requirements apply to a designated smoking room:
1. 
The room must have a separate heating, ventilation and air-conditioning system (HVAC) designed such that none of the air from the room will be recirculated into other areas of the building.
2. 
The room shall be completely separated from the remainder of the building by solid partitions or glazing without openings other than doors, and all doors leading to the room shall be self-closing. The doors shall be provided with a gasket so installed as to provide a seal where the door meets the stop on both sides and across the top.
3. 
Air from the room must be directly exhausted to the outside by an exhaust fan. Air from the smoking room must not be recirculated to other parts of the building. Pressure in the room must be less than in the surrounding area to make sure smoke does not drift to surrounding spaces.
4. 
The ventilation system must provide the smoking room with 60 cubic feet per minute (CFM) of supply air per smoker.
5. 
Nonsmokers should not have to use the smoking room for any purpose. The smoking room must be located in a nonwork area where no one, as part of his or her work responsibilities, is required to enter at any time.
Within 60 days of the effective date of this chapter, every employer having an enclosed place of employment shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment except in freestanding bars and in designated smoking rooms. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
"Dining area"
means any area containing a counter or tables where meals are served, or area improved with tables, chairs, benches or similar improvements provided for sitting that is controlled by the business where patrons sit after purchasing food or beverage at a restaurant counter.
"Employee"
means any person who is employed in consideration for direct or indirect monetary wages or profit, and any person who volunteers services for a nonprofit entity or public agency.
"Employer"
means any person, partnership, corporation or nonprofit entity, including a municipal corporation or other public agency, which employs one or more persons.
"Enclosed"
means closed in by a roof and walls on all sides with appropriate openings for ingress and egress.
"Freestanding bar"
means a business which: (1) primarily serves alcoholic beverages; (2) as only incidental to serving such beverages, serves food, has music and/or dancing, provides coin-operated amusement devices, or provides pool tables, darts or other similar activities; (3) prohibits persons under the age of 18 from entering the business; and (4) was operating as a freestanding bar on January 1, 1994. If there are other uses within the same building, the freestanding bar must also meet the following requirements:
1. 
Have a separate heating, ventilation and air-conditioning system (HVAC) designed such that none of the air from the freestanding bar will be recirculated into other areas of the building.
2. 
Be completely separated from the remainder of the building by solid partitions or glazing without openings other than doors, and all doors leading to the bar shall be self-closing. The doors shall be provided with a gasket so installed as to provide a seal where the door meets the stop on both sides and across the top.
3. 
Air from the freestanding bar must be directly exhausted to the outside by an exhaust fan. Air from the freestanding bar must not be recirculated to other parts of the building. Pressure in the room must be less than in the surrounding area to make sure smoke does not drift to surrounding spaces.
4. 
The ventilation system must provide the area of the freestanding bar with 60 cubic feet per minute (CFM) of supply air per smoker.
"Place of employment"
means any area under the control of a public or private employer where employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways.
"Pool vehicle"
means an automobile, truck or van, owned, leased or otherwise controlled by an employer, which is available, by advance request, reservation or otherwise, for the use, in the course of employment, of any employee or employees.
"Public place"
means any area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms.
"Reasonable distance"
shall mean any distance necessary to insure that persons in an area where smoking is prohibited are not exposed to second-hand smoke created by smokers near the area. The determination of the city manager shall be final in any disputes relating to reasonable distance for smoking near places regulated by this chapter.
"Restaurant"
means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boarding house, or guest house, the primary purpose of which gives or offers for sale food to the public, guests, patrons or employees.
"Retail tobacco store"
means a retail store that primarily sells tobacco products where more than 60 percent of gross annual revenues are generated from the sale of tobacco products and tobacco paraphernalia, does not permit anyone under 18 years of age to be present unless with parent or guardian, and does not sell alcoholic beverages or food for consumption on the premises. (See California Business and Professions Code Section 22962.)
"Service line"
means any line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money.
"Smoking"
means: (1) inhaling, exhaling, burning or carrying any lighted pipe, cigar, cigarette, or similar article of any kind; or (2) use of an activated or functioning device, whether an electronic cigarette as defined by California Health and Safety Code Section 119405 ("e-cigarette") or a similar device, including but not limited to a device intended to emulate smoking, which permits a person to inhale vapors or mists that may or may not include nicotine.
"Sports arena"
means bowling centers, sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events.
(Ord. 1609 § 1, 1993; Ord. 1615 § 1, 1994[1]; Ord. 2038 § 1, 2012; Ord. 2093 § 1, 2014; Ord. 2208 § 3, 2020)
[1]
If a business expends more than $500.00 to meet the requirements of Section 9.24.020(H), the business shall have until July 1, 1994 to comply fully with the requirements of Ordinance 1615.
A. 
Smoking shall be prohibited in all enclosed public places within the city, including the following enclosed and unenclosed spaces:
1. 
Elevators and restrooms.
2. 
Buses, taxicabs and other means of public transit, and ticket, boarding and waiting areas of public transit depots.
3. 
Service lines.
4. 
Retail stores, except retail tobacco stores.
5. 
Retail food marketing establishments, including grocery stores and supermarkets.
6. 
All areas available to and customarily used by the general public in all businesses, nonprofit entities and public agencies patronized by the public, including, but not limited to, business offices, banks, hotels and motels, except as provided in subsection (A)(14) of this section.
7. 
Restaurants, including:
a. 
Bars and banquet rooms in, open to or directly accessible from restaurants; and
b. 
Outdoor dining areas.
8. 
Bars.
9. 
Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital, or other similar performance, except to the extent that smoking is part of any such production.
10. 
Sports arenas and convention halls.
11. 
Stadiums, amphitheaters and similar places of assembly which are open to the sky.
12. 
Public parks and trails.
13. 
Health and residential and day care facilities, including, but not limited to, nursing homes, adult care facilities, child care facilities including family day care homes, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices.
14. 
Polling places.
15. 
Private hotel and motel rooms rented to guests, except that up to 25 percent of such rooms may be designated for smoking guests, if on a separate floor(s) or if in a separate wing(s).
16. 
Private residences when used at any time as family day care homes or health care facilities.
17. 
Enclosed lobbies, hallways and other enclosed common areas in apartment buildings, including condominiums, in retirement facilities, and in other multiple-family residential facilities.
18. 
Any owner, operator, manager or other person holding an event Downtown, defined as the area within the Downtown Specific Plan, pursuant to a police department issued special event permit, involving a closure of a public street, a special event, a conditional use permit, or a temporary use, shall prohibit smoking at such event. "No Smoking" signs shall generally be visible at entrances or reasonable intervals along the perimeter of such event to advise guests, invitees and the public about the prohibition on smoking. Violators are subject to administrative citation as provided in Chapter 1.24.
B. 
Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
C. 
Notwithstanding the effective date of the ordinance codified in this chapter, any owner, operator, manager or other person who controls any private hotel or motel shall have until July 1, 1994 to comply with subsection (A)(14) of this section. The council may grant an additional 12 months in which to comply for good cause shown.
(Ord. 1609 § 1, 1993; Ord. 1615 § 1, 1994; Ord. 2125 § 2, 2015; Ord. 2136 § 1, 2016; Ord. 2165 § 1, 2017)
A. 
Every employer shall provide a smoke-free work place for all employees.
B. 
Every employer shall post "No Smoking" or "Smoke Free" signs in accordance with Section 9.24.070 of this chapter.
C. 
Smoking outside any enclosed place of employment shall occur at a reasonable distance from any place of employment to insure that smoke does not enter any place of employment through doors and windows and affect occupants therein, or those entering or leaving any place of employment.
D. 
Within 60 days of the effective date of the ordinance codified in this chapter, every employer having an enclosed place of employment shall adopt, im-plement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
E. 
Every employer shall communicate this smoking policy to all employees within three weeks of its adoption, and shall communicate the policy to a new employee upon hiring.
F. 
Every employer shall supply a written copy of the smoking policy upon request to any employee or prospective employee.
(Ord. 1609 § 1, 1993; Ord. 1615 § 1, 1994)
A. 
Notwithstanding Sections 9.24.040 and 9.24.050 to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1. 
Private residences, except when: (a) such residence is used at any time as a family day care home or a health care facility; or (b) such residence is a rental unit of two of more connected rental units under common ownership and subject to the smoking restrictions of Chapter 9.26; and in the event of a conflict between the Chapters 9.24 and 9.26 the stricter restrictions on smoking shall apply.
2. 
Retail tobacco stores.
3. 
Outdoor areas a reasonable distance from any area designated nonsmoking in this chapter.
B. 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Ord. 1609 § 1, 1993; Ord. 1615 § 1, 1994; Ord. 2164 § 3, 2017)
A. 
Where signs are required by this section, the owner, operator, manager or other person having control of a building shall conspicuously post in such building "Smoking" and "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height, or the international "Smoking" or "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette, enclosed in a green circle for "Smoking," or enclosed in a red circle with a red bar across it for "No Smoking"), or the same information in another format approved by the city manager.
B. 
Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium.
C. 
The owner, operator, manager or other person having control of a restaurant or other public place shall conspicuously post in, or at every entrance of, every restaurant or other public place, including all places described in Section 9.24.040 when in or adjacent to a building, or in outdoor dining areas, "No Smoking" signs and "Smoking" signs, when appropriate.
D. 
The owner, operator, manager or other person having control of every bar shall conspicuously post at every entrance of every bar, adjacent to any warning sign required under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), a "No Smoking" sign.
E. 
The owner, operator, manager or other person having control of the area shall remove all ash trays in any area designated nonsmoking.
(Ord. 1609 § 1, 1993; Ord. 2038 § 1, 2012)
A. 
The city manager and any other persons designated by the city manager shall administer and enforce the provisions of this chapter.
B. 
Any citizen who desires to register a complaint may initiate enforcement of this chapter.
C. 
A private citizen may bring legal action to enforce this chapter.
(Ord. 1609 § 1, 1993)
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.
(Ord. 1609 § 1, 1993)
A. 
It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this chapter to fail to ensure compliance with its provisions.
B. 
It is unlawful for any person to smoke in any area designated nonsmoking under the provisions of this chapter.
C. 
Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:
1. 
A fine, not exceeding $100.00, for the first violation;
2. 
A fine, not exceeding $200.00, for a second violation of this chapter within one year;
3. 
A fine, not exceeding $500.00, for each additional violation of this chapter within one year.
(Ord. 1609 § 1, 1993)
If any provision or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such validity shall not affect other provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.
(Ord. 1609 § 1, 1993)