The city council finds that the smoking of tobacco, or any other weed or plant, is a medically documented danger to health, and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, and in order to preserve public health, safety and welfare, the declared purpose of this chapter is to regulate the smoking of tobacco, or any weed or plant, within the city and public places.
(Code 1980, § 8.21.010; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 1, 2001)
For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
"City facility"
means any enclosed structure owned, leased or operated by the city, and used by the city for governmental operations and activities.
"Enclosed," as in "enclosed area,"
means any covered or partially covered space having more than 50 percent of its perimeter area walled in or otherwise closed to the outside, or any space open to the sky (hereinafter "uncovered") having more than 75 percent of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard, except that an uncovered space of 3,000 square feet or more is not enclosed, such as, for example, a field in an open-air arena.
"Playground"
means any park or recreational area, whether enclosed or unenclosed, that has play or sports equipment installed or has been designed or landscaped for play or sports activities and is designed in part to be used by children, or any similar facility located on public or private school grounds, or on grounds maintained by the city.
"Public park"
means any community park, neighborhood park, special use or other park maintained by the city.
"Public plaza"
means any unenclosed public place, other than a sidewalk, that is paved and permanently set aside for pedestrian use, including, for example, a courtyard, a plaza and a promenade.
"Restaurant"
means any dinner house, coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and any other establishment where cooked or otherwise prepared food is sold to the general public, and where seating for consumption is available on the premises.
"Service line"
means an area where one or more persons are entering or waiting to enter into a transaction for goods and/or services, regardless of whether such transaction involves the exchange of money, or whether persons are standing or seated, and includes, but is not limited to, areas surrounding the following locations: informational kiosks, automated teller machines (ATMs), theaters, restaurants, banks, vending machines, and food, beverage or merchandise stands. The term "service line" does not include any area in which smoking is prohibited by state law, thereby precluding the city from regulating smoking in that area.
"Smoke or smoking"
means the carrying or holding of a lighted pipe, cigar, cigarette, hookah, electronic smoking device, or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette, hookah, electronic smoking device, or other kind of smoking equipment. The term "smoke" also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette, hookah, electronic smoking device, or other kind of smoking equipment.
"Stadium"
means any publicly owned area designated for sports or other entertainment purposes, whether enclosed or unenclosed, that is maintained by the city and not otherwise covered by this chapter.
"Trail"
means any unenclosed area, whether or not contiguous to any public park, used for recreational walking, running, and riding and maintained by the city.
"Transit station"
means a transit stop and includes, but is not limited to, multi-modal platforms, sidewalks, shelters, benches, and other areas where persons wait for trains, buses, taxis, or other public transit, and includes ancillary areas such as restrooms, pedestrian paths or walkways, bicycle parking areas and kiosks. The term "transit stations" does not include any area in which smoking is prohibited by state law, thereby precluding the city from regulating smoking in that area.
(Code 1980, § 8.21.020; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 2, 2001; Ord. No. 786, § 5, 2008; Ord. No. 826, § 1, 3-17-2010; Ord. No. 870 (Recodification), 2014)
Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, hotel and multifamily buildings.
(Code 1980, § 8.21.030; Ord. No. 384, § 1, 1988)
Smoking is prohibited and unlawful in all public parks, trails, playgrounds, and other recreational areas not otherwise covered by this chapter.
(Code 1980, § 8.21.035; Ord. No. 786, § 1, 2008)
A. 
Smoking is prohibited and is unlawful in public areas of health care facilities and hospitals, as defined in Health and Safety Code § 1250, including patient rooms, waiting rooms, public hallways and lobbies.
B. 
Signs reading "STAFF AND VISITOR SMOKING PROHIBITED" shall be conspicuously posted in public areas of health care facilities and hospitals.
C. 
Smoking is prohibited and is unlawful in public areas of child care facilities.
(Code 1980, § 8.21.040; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 3, 2001)
Smoking is prohibited and unlawful in all public plazas when open to the general public.
(Code 1980, § 8.21.045; Ord. No. 786, § 2, 2008)
Except as hereinafter provided, smoking is prohibited and is unlawful in enclosed hearing rooms, conference rooms, chambers, and all other enclosed places of public assembly.
(Code 1980, § 8.21.050; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 4, 2001)
Smoking is prohibited and unlawful in all stadiums when open to the general public except in currently existing designated smoking areas for tenants currently under long-term lease agreements.
(Code 1980, § 8.21.055; Ord. No. 786, § 3, 2008)
Except as provided in Health and Safety Code § 25943, or its successor provisions, smoking is prohibited and is unlawful in every publicly or privately owned museum, gallery, theater, auditorium or other enclosed facility, the primary purpose of which is to provide, permit or authorize entertainment of any nature, and/or which is open to the public for the primary purpose of exhibiting any form of art or motion picture, stage drama, musical recital, or any other performance or event, in all areas except that area commonly known as the lobby, and in areas not open to the public. Every owner and/or manager of such theater, auditorium, or other enclosed entertainment facility as described herein, shall post signs conspicuously in the entrance area stating that smoking is prohibited within the theater, auditorium or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds before showing motion pictures.
(Code 1980, § 8.21.060; Ord. No. 384, § 1, 1988; Ord. No. 870 (Recodification), 2014)
Smoking is prohibited and unlawful in any parcel of property upon which a public community center, library or similar facility is located.
(Code 1980, § 8.21.065; Ord. No. 786, § 4, 2008)
Smoking is prohibited and is unlawful in public restrooms and private restrooms open to the public.
(Code 1980, § 8.21.070; Ord. No. 384, § 1, 1988)
Smoking is prohibited and is unlawful within 20 feet of any transit station located within the city.
(Code 1980, §8.21.075; Ord. No. 826, § 2, 3-17-2010; Ord. No. 870 (Recodification), 2014)
Smoking is prohibited and is unlawful within indoor service lines.
(Code 1980, § 8.21.080; Ord. No. 384, § 1, 1988; Ord. No. 826, § 3, 3-17-2010)
Smoking is prohibited and is unlawful within 20 feet of outdoor service lines.
(Code 1980, § 8.21.085; Ord. No. 826, § 4, 3-17-2010; Ord. No. 870 (Recodification), 2014)
Smoking is prohibited and unlawful in the enclosed portions of every restaurant and bar, whether publicly or privately owned, including, but not limited to, lobbies, waiting areas, restrooms and dining areas of the restaurants and bars.
(Code 1980, § 8.21.090; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 5, 2001)
Smoking is prohibited and is unlawful in every indoor polling place for any local, county, state or national election, or other casting of votes, when such polling place is open for voting purposes.
(Code 1980, § 8.21.100; Ord. No. 384, § 1, 1988)
Smoking is prohibited and is unlawful in all indoor lobbies, reception and/or office areas open to the public.
(Code 1980, § 8.21.110; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 6, 2001)
Smoking is prohibited and is unlawful in a retail food marketing establishments, including grocery stores and supermarkets.
(Code 1980, § 8.21.120; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 7, 2001)
Smoking is prohibited and is unlawful within all areas of all indoor retail stores.
(Code 1980, § 8.21.130; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 8, 2001; Ord. No. 826, § 5, 3-17-2010)
Smoking is prohibited and is unlawful within all areas of banks and financial institutions.
(Code 1980, § 8.21.140; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 9, 2001; Ord. No. 826, § 6, 3-17-2010)
Smoking is prohibited and is unlawful within all areas of all public buildings and structures.
(Code 1980, § 8.21.150; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 10, 2001; Ord. No. 826, § 7, 3-17-2010)
A. 
Smoking is prohibited within an area measured 20 feet from the entrance of any city facility.
B. 
Any retail, nonprofit or service related business owner may choose to prohibit smoking within 20 feet of the entrance of said business by conspicuously posting a no smoking sign at or near the entrance to the business. Said sign shall reference this section and contain language similar to the following: "No smoking within 20 feet of the entrance, pursuant to RCMC Section 8.21.155." When posted in accordance with this provision, smoking within 20 feet of the entrance shall be prohibited.
C. 
It shall be the responsibility of any person smoking outside to ensure that smoke does not enter any buildings through open windows or doors.
(Code 1980, § 8.21.155; Ord. No. 384A, § 11, 2001; Ord. No. 870 (Recodification), 2014)
Except as otherwise provided herein, wherever in this chapter smoking is prohibited, signs containing all capital letters not less than one inch in height and containing at least the words, "Smoking Prohibited," or the international no smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) on a contrasting background, shall be clearly, conspicuously and sufficiently posted such that the manner and quantity of posting is reasonably likely to inform individuals occupying such room, building or other place that smoking is prohibited. It is the duty of the owner, operator, manager, or other person having control of such room, building or other place where smoking is prohibited to post such signs or cause such signs to be posted, and maintain such signs in good condition.
(Code 1980, § 8.21.160; Ord. No. 384, § 1, 1988; Ord. No. 826, § 8, 3-17-2010)
A. 
For purposes of this section, the following definitions shall apply:
"Retail tobacco store"
means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. For purposes of this definition, the term "primarily" means that at least 80 percent of the square footage of the available retail floor and shelf space is devoted to the sale of tobacco and tobacco related products and accessories.
"Self service display"
means the display of tobacco products in such manner that the products are accessible by the public without the intervention of the vendor.
B. 
Except as hereinafter provided, it is unlawful in any business establishment to sell, dispense, permit to be sold or offer for sale any tobacco product by means other than vendor assisted sales. This prohibition shall specifically preclude the selling, offering for sale, dispensing and displaying of tobacco products by self service displays. Notwithstanding the foregoing, this prohibition shall not apply to retail tobacco stores and cigar lounges.
C. 
No person shall sell, permit to be sold or offer for sale any tobacco product to a buyer who reasonably appears to be less than 27 years of age unless such buyer has first presented photographic identification establishing that the buyer is not less than 18 years of age.
D. 
Self service displays in place as of the effective date of the ordinance codified in this chapter in a location prohibited in subsection B of this section shall be removed not later than September 1, 2001.
(Code 1980, § 8.21.165; Ord. No. 384A, § 13, 2001; Ord. No. 870 (Recodification), 2014)
A. 
Nothing in this chapter shall require the owner, operator or manager of any theater, auditorium, health care facility, or any building, facility, structure or business, to incur any expense to make structural or other physical modifications to any area or workplace.
B. 
Nothing in this section shall relieve any person from the duty to post signs as required by this chapter.
(Code 1980, § 8.21.170; Ord. No. 384, § 1, 1988)
A. 
It is unlawful to fail to post the signs required by this chapter, or to willfully mutilate or destroy any signs required by this chapter.
B. 
It is unlawful for any person to smoke in any area posted as a nonsmoking area.
C. 
It is unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter, or to permit or allow any other person to smoke in any area posted as a nonsmoking area.
D. 
It is unlawful for any person, firm, partnership or corporation to violate any provision or fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows:
1. 
A fine not exceeding $100.00 for a first violation;
2. 
A fine not exceeding $200.00 for a second violation of the same ordinance within one year;
3. 
A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
E. 
Every such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable thereof as provided in this chapter.
F. 
A violation of any provision of this chapter is an infraction, which is punishable as provided in section 1.12.030.
(Code 1980, § 8.21.180; Ord. No. 384, § 1, 1988; Ord. No. 384A, §§ 15, 16, 2001; Ord. No. 826, § 9, 3-17-2010; Ord. No. 870 (Recodification), 2014)
The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Code 1980, § 8.21.190; Ord. No. 384, § 1, 1988; Ord. No. 384A, § 16, 2001)