Whereas the Surgeon General of the United States has determined and the City Council does hereby find that:
(a) 
Smoking tobacco is a proven danger to the health of human beings; and
(b) 
Breathing sidestream or secondhand smoke is a significant health hazard for certain population groups including, without limitation, elderly people, those with cardiovascular disease or impaired respiratory functions, asthmatics and those with obstructed air passages; and
(c) 
Tobacco smoke is a major contributor to indoor air pollution; and
(d) 
The Surgeon General's report on involuntary smoking states that there are proven health hazards from involuntary smoking by nonsmokers; and
(e) 
The US Centers for Disease Control and Prevention reports that youth use of tobacco products in any form is unsafe, irrespective of whether it is smoked, smokeless or electronic.
(Ord. 623 § 2, 2019)
(a) 
Because smoking of tobacco or any other weed or plant is a positive danger to health and a cause of material discomfort and a health hazard to those who are present in confined places, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to establish areas where persons will be free from inhaling smoke by requiring that areas be reserved for nonsmokers in certain public places and by prohibiting the smoking of tobacco or any other weed or plant in certain other areas which are used by or open to the public.
(b) 
For the purposes of protecting the health and welfare of the public from side-stream or secondhand smoke in publicly owned, operated, managed and leased facilities, it is necessary to specifically prohibit smoking, as defined herein, inside all buildings, structures and indoor facilities owned, operated, leased or managed by the City which are used by or open to the public.
(Ord. 623 § 2, 2019)
As used in this chapter the following terms shall have the meanings ascribed to them as follows:
"Electronic smoking device"
means the electronic device which can be used to deliver an inhaled dose of nicotine or any other substance, including any component, part, or accessory of such a device, whether or not sold separately.
"E-cigarette"
means any electronic oral device, such as one composed of a heating element, battery and/or electronic circuit, which provides a vapor of nicotine or any other substances, including marijuana or marijuana products, and the use or inhalation of which simulates smoking. E-cigarette shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, hookah pen, or any other similar product name or descriptor.
"Enclosed"
means:
(1) 
Any covered or partially covered space having more than 50% 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 75% of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard.
"Multi-unit residence"
means a building or portion thereof that contains more than one dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living, sleeping, eating, cooking, and sanitation. A single-family house shared by roommates is not a multi-unit residence for purposes of this chapter.
"Multi-unit residence common area"
means any indoor or outdoor common area of a multi-unit residence accessible to and usable by more than one residence, including, but not limited to, halls, lobbies, laundry rooms, outdoor eating areas, play and swimming areas.
"Open air dining area"
means any unenclosed area located on private or public property made available to or customarily used by the general public that is designed, established, or regularly used for consuming food and/or beverages, or where food or beverages are served, whether or not for compensation. This includes, without limitation, restaurants, cafés, coffee shops, micro-breweries, and bars.
"Public place"
means any enclosed or unenclosed place, public or private, open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, parking lots, parking garages, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses.
"Service area"
means any enclosed or unenclosed area in which persons wait for, receive or exchange goods or services of any kind, including, without limitation, lines or waiting areas regardless of whether or not such service involves the exchange of money. Such service shall include, but is not limited to, sales, bus stops, ticket lines, food truck lines, giving of information, directions, or advice, and transfers of money or goods.
"Smoking"
as used herein shall means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, cannabis or other plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of a battery-powered or other 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.
"Tobacco product"
means any product containing, made from, or derived from tobacco or nico-tine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, electronic smoking devices or any other preparation of tobacco including Indian cigarettes called "bidis." "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes and is marketed and sold solely for such an approved purpose.
(Ord. 623 § 2, 2019)
In addition to all places where smoking is prohibited under California or Federal law smoking shall be prohibited in the following places within the City of Atascadero:
(a) 
Within all places of employment, in accordance with California Labor Code Section 6404.5, as may be amended.
(b) 
Within all enclosed places, whether publicly-or privately-owned and regardless of any applicable fee or age requirement, that are available and open to the general public, including, but not limited to, parking garages, bars, restaurants, cafes, outdoor dining patios or courtyards, clubs, stores, arenas, taxis and buses.
(c) 
Within 20 feet of any entrance, exit, operable window, or air intake vent to any enclosed public place or any commercial establishment open to the general public. For purposes of this subsection, entrance or exit shall mean an opening into an enclosed public place from a contiguous street, sidewalk, walkway, or parking area, and "air intake vent" shall mean an opening into an enclosed public place that draws in air from the outside as part of a structural ventilation system.
(d) 
At all public places when being used for public events, including, but not limited to, farmers' markets, sports events, speaking performances, ceremonies, pageants, fairs, concerts, and other entertainment events open to the public.
(e) 
Any public place within 500 feet of any public or private school property that services children from the grades of K-12. This will include all hours not only school hours.
(f) 
In all public transportation facilities including all bus shelters and bus stops.
(g) 
Service areas, or within 20 feet of any service area.
(h) 
Open air dining areas, or within 20 feet of any open air dining area.
(i) 
Within a public sidewalk or within 20 feet of a public sidewalk when the sidewalk is within a commercial zoning district and when the sidewalk is adjacent to an outdoor café, restaurant, bar or other outdoor dining area.
(j) 
In or upon any sidewalks, roadways, medians or City right-of-way on the following streets:
(1) 
Any street in the Downtown Commercial Zoning District (DC) and Downtown Office Zoning District (DO) as shown on the City's official zoning maps.
(2) 
El Camino Real.
(3) 
Morro Road.
(4) 
Atascadero Avenue from Morro Road to El Camino Real.
(5) 
Traffic Way from Ardilla Avenue to Portrero Road.
(k) 
In common areas of multi-unit residential buildings, including halls, lobbies, outdoor eating areas, play and swimming areas.
(l) 
Within all City-owned, leased, or operated buildings, including meeting facilities.
(m) 
Any public place within 500 feet of the Colony Park Community Center.
(n) 
In or upon any City open spaces and ecological areas and all appurtenant trail systems, parking areas, and other amenities.
(o) 
Within 100 feet of the outmost edge of the Sunken Gardens, Pedestrian Tunnel and Centennial Bridge.
(p) 
In or upon any City park, sports facility, sports field, playground or plaza and all its amenities, parking areas, trails, and walkways, including contiguous sidewalks.
(Ord. 623 § 2, 2019)
Signs which designate the "no smoking" areas designated by this chapter shall be conspicuously posted in every building, facility or other place so designated by this chapter. The manner of such posting shall be at the discretion of the City Manager and/or designee. The City Manager and/or designee shall determine the manner for posting such signs on the basis of clarity, sufficiency and conspicuousness in communicating the intent of this chapter.
(Ord. 623 § 2, 2019)
The City Manager and/or designee and/or the Police Department and/or the Code Enforcement Officer shall have authority to enforce the provisions of this code.
(Ord. 623 § 2, 2019)
Violations of the provisions of this chapter shall be prosecuted in accordance with the provisions of Chapter 3 of Title 1 of this code.
(Ord. 623 § 2, 2019)
The Executive Director of the Atascadero State Hospital may declare the entire hospital, including indoor and outdoor areas, to be a nonsmoking establishment, provided such declaration is consistent with any applicable Federal and State laws and regulations. The Executive Director or designee shall have the primary responsibility for enforcement of this section at the hospital.
(Ord. 623 § 2, 2019)