Note: Prior history: County Code § 4-7.01(a)
and Ords. 91-23, 93-8, 95-1 and 10-14.
The city council finds and declares that the purposes of this
chapter are: (1) to protect the public health and welfare by regulating
smoking in certain public places, except in designated smoking areas;
and (2) to strike a reasonable balance between the need 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; and (3) to prevent access to cigarettes or other
smoking products by minors through machine or appliance, or any other
device designed or used for vending purposes; and (4) as a matter
of policy the city is striving to create a "smoke-free" environment.
(Ord. 17-2 § 2)
For the purpose of this chapter, the following words and phrases
shall have the following meaning:
means any electronic and/or battery-operated device, which
can be used to deliver an inhaled dose of nicotine or other substances.
"Electronic smoking device" includes any such device, whether manufactured,
distributed, marketed, or sold as an electronic cigarette, an electronic
cigar, an electronic cigarillo, an electronic pipe, an electronic
hookah, or any other product name or descriptor. Electronic smoking
device does not include any product specifically approved by the United
States Food and Drug Administration for use in the mitigation, treatment,
or prevention of disease.
means closed in by a roof and four or more connected floor-to-ceiling
walls with appropriate openings for ingress and egress.
means possessing a lighted or ignited tobacco, nicotine or
marijuana product or paraphernalia; or engaging in an act that generates
smoke (including, but not limited to, possessing a lighted or ignited
pipe, hookah pipe, cigar, electronic cigarette or cigarette of any
kind); or lighting or igniting a pipe, hookah pipe, cigar, electronic
smoking device or a cigarette of any kind. Smoking includes the use
of any product which emits smoke in the form of gases, particles,
vapors or other byproducts released by electronic smoking devices,
tobacco cigarettes, herbal cigarettes, marijuana cigarettes and any
other type of cigarette, pipe or other implement for the purpose of
inhalation of vapors, gases, particles or their byproducts released
as a result of combustion or ignition.
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To the extent any of these definitions are inconsistent or conflict
with provisions of zoning ordinances of the city, the provisions of
the zoning ordinances shall control.
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(Ord. 17-2 § 2)
A.
Unless
otherwise designated by clearly posted and visible signage, smoking
shall be prohibited in all enclosed and non-enclosed areas of any
facility owned, leased, controlled, managed or operated by the city
and accessible to the general public. Such facilities include, but
are not limited to, City Hall, city offices, parks, recreation facilities,
playgrounds, skate parks, picnic areas, sports areas, walking paths,
gardens, hiking trails, bike paths, swimming pools, community centers,
senior centers, meeting or conference facilities, and child care facilities,
but shall not include streets. The prohibition on smoking at these
facilities includes the facility and the public property on which
it is located extending to and including parking lots and the adjacent
portion of a public sidewalk.
(Ord. 17-2 § 2)
Smoking shall be prohibited in and within twenty feet of any
formally designated shelter or outdoor area where people gather to
wait for entry onto public transportation.
(Ord. 17-2 § 2)
"Smoking" or "No Smoking" signs, whichever is appropriate, with
letters of not less than one inch in height or the international "No
Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a bar across it) shall be
clearly, sufficiently and conspicuously posted in every building or
other place where smoking is regulated by this chapter, by the owner,
operator, manager or other person having control of such building
or other place.
(Ord. 17-2 § 2)
No cigarette or other smoking product may be sold, offered for
sale, or distributed by or from a vending machine or appliance, or
any other device designed or used for vending purposes, except where
minors are prohibited from entering without adult supervision.
(Ord. 17-2 § 2)
The distribution of free samples of any smoking product to any
person in any public area is prohibited. This also includes distributing
vouchers or coupons for free smoking products in a public area.
(Ord. 17-2 § 2)
A.
Any
owner, manager, operator or employer of any establishment controlled
by this chapter has the right and responsibility to inform persons
violating this chapter of the appropriate provisions contained within
the chapter.
B.
Any citizen or employee may file a written complaint on any violation of this chapter. The written complaint should be given to the office of the code enforcement manager, community development department, during normal business hours, or to any police officer when code enforcement personnel are unavailable. Violations of this chapter are deemed an infraction and punishable under Sections 1.12.030 and 1.12.040 of this code.
C.
The
provisions of this chapter and Labor Code Section 6404.5 shall be
enforced by the city's police department and/or the code enforcement
division of the department of community development.
(Ord. 17-2 § 2)
Nothing in this chapter is intended, nor shall it be construed,
to permit smoking where it is otherwise restricted by law.
(Ord. 17-2 § 2)
