City of Glendale, CA Chapter 8.52 SMOKING

§ 8.52.010 Intent and legislative purpose.

This chapter’s purposes are to:

A. Protect the public health, safety, and general welfare by prohibiting smoking in public places and in the common areas of multifamily rental housing under circumstances where one or more persons will be exposed to secondhand smoke;

B. Ensure a cleaner and more hygienic environment for the city, its residents, and its natural resources;

C. Strike a reasonable balance between the needs of persons who smoke and the needs of non-smokers, including children, to breathe smoke-free air, by recognizing the threat to public health and the environment that smoking causes, and by acknowledging that, when these needs conflict, the need to breath smoke-free air must prevail; and

D. Recognize the right of city residents, workers, and visitors to be free from unwelcome secondhand smoke.

(Ord. 5464 § 2, 2005; Ord. 5628 § 1, 2008)

§ 8.52.020 Findings.

The city council finds, determines, and declares that:

A. Extensive medical and scientific research confirms that tobacco smoke is harmful to smokers and non-smokers alike, triggering eye, nose, throat, and sinus irritation; hastening lung disease, including emphysema; and causing heart disease and lung cancer.

B. In 1992, the United States Surgeon General reported that involuntary smoking — by inhaling “secondhand smoke” (also called “environmental tobacco smoke”)— can cause lung cancer in healthy nonsmokers and poses a significant public health hazard.

C. In 2006, the United States Surgeon General concluded that:

1. A risk-free level of exposure to secondhand smoke does not exist; and

2. Neither separating smokers from non-smokers nor installing ventilation systems effectively eliminates secondhand smoke.

D. The United States Environmental Protection Agency has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen.

E. The United States Centers for Disease Control and Prevention (“CDC”) estimates that secondhand smoke causes 3,000 lung cancer deaths per year among adult non-smokers in the United States. Additionally, the California Environmental Protection Agency has concluded that secondhand smoke cause’s coronary heart disease in non-smokers.

F. The California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which no safe level of exposure exists.

G. Secondhand smoke is especially hazardous to particular groups, including those with chronic health problems, the elderly, and children.

H. The CDC has found that secondhand smoke causes children to suffer from lower respiratory tract illness, such as bronchitis and pneumonia; exacerbates childhood asthma; and increases the risk of acute chronic middle ear infection in children.

I. Inside buildings, tobacco smoke contributes significantly to indoor air pollution.

J. The aesthetic impacts and odors of secondhand smoke pose a nuisance and annoyance to nonsmokers when in close proximity to people who are smoking.

K. Most Californians do not smoke and a majority favors limitations on smoking in multiunit rental housing, as evidenced by the following statistics:

1. Eighty-six percent of Californians are nonsmokers;

2. Seventy-eight percent of California voters support a law requiring apartment buildings to offer nonsmoking sections, where all the apartments, balconies, and patios in that section were smoke-free, similar to the way that hotels offer nonsmoking floors;

3. Seventy-four percent of California voters favor having smoke-free sections in apartment buildings so that 50% of the apartments would be nonsmoking; and

4. Seventy percent of California voters believe that a prospective tenant moving into an apartment should be told if a tenant next door smokes.

L. Smoking in parks or recreational facilities endangers children and other users by exposing them to secondhand smoke.

M. Within parks and recreational facilities, discarded cigarette and cigar butts (which do not readily decompose) pose a particularly hazardous risk to small children who sometimes ingest the butt or who handle it while it is still hot.

N. Discarding a lighted cigarette or cigar butt onto the ground in a city park or recreational facility not only has the potential to cause a fire, but also is a major source of litter and pollution, by washing into storm drains and then ultimately contaminating the ocean.

O. Under the city’s stormwater management permit from the regional water quality control board, Glendale must remove from its storm drains litter measuring as small as five millimeters, and because most cigarette or cigar butts exceed that size, the city must eliminate cigarette or cigar butts from its storm drains.

P. The city of Glendale is committed to keeping its housing and public spaces safe, healthy, and pleasant for everyone.

Q. In outdoor dining areas; outdoor service areas; public transit vehicles, stations, and stops; outdoor gathering and event areas; indoor and outdoor shopping areas and centers; elevators; indoor and outdoor common areas of multiunit rental housing and residential condominium complexes; in proximity to entrances/exits, windows, and vents of buildings open to the public; and on balconies and patios of multiunit rental housing and residential condominium units, smoking endangers the health of nonsmokers who are in the same area.

R. Neither the United States Constitution nor the California Constitution gives a person a constitutional right to smoke.

S. Therefore, not only restricting smoking on balconies and patios of multiunit rental housing and residential condominium units, in public spaces such as buildings, common areas of multiunit rental housing and residential condominium complexes, parks and recreational facilities, and at other locations open to the public, but also regulating disposal of cigarettes, cigars, and tobacco products are necessary acts to protect the health, safety, and welfare of Glendale residents, workers, and visitors.

(Ord. 5464 § 2, 2005; Ord. 5628 § 2, 2008; Ord. 5686 § 1, 2010)

§ 8.52.030 Definitions.

For the purpose of this chapter, the following terms are defined as follows:

“Accessory living quarters or guest house”

has the same meaning as the term “accessory living quarters and/or guest house,” which is defined in Section 30.70.020 of this code, or any successor legislation.

“Adult day care facility”

means an establishment or facility that:

1. Is licensed; and

2. Provides non-medical care to a person who is 18 years of age or older and in need of personal services, supervision, or assistance essential for:

a. Sustaining the activities of daily living; or

b. Protecting the individual on less than a 24 hour basis.

“Air intake vent”:

1. Means an opening into a building or structure that draws air from outside as part of the building’s or structure’s ventilation system.

2. Does not include an entrance/exit, or a window.

“Arboretum” or “botanical garden”

has the same meaning as the term “arboretums and botanical gardens,” which is defined in Section 30.70.020 of this code, or any successor legislation.

“Arcade establishment”

has the same meaning as that term is defined in Section 30.70.020 of this code, or any successor legislation.

“Automobile service station”

has the same meaning as the term “service station, automobile,” which is defined in Section 30.70.200 of this code, or any successor legislation.

“Banquet hall”

has the same meaning as that term is defined in Section 30.70.030 of this code, or any successor legislation.

“Bar”:

1. Means an establishment:

a. That is devoted to serving an alcoholic beverage for consumption, on the premises, by one or more customers or guests; and

b. Whose annual gross income from serving food equals 25% or less of its total annual gross income, which the establishment:

i. Derives from all combined revenue sources (including, but, not limited to, alcoholic beverage, non-alcoholic beverage, food, and merchandise sales); and

ii. Demonstrates in a financial statement that a certified public accountant has certified as true and correct; and

c. Has a current and valid zoning use certificate or certificate of use and occupancy from the city.

2. Includes, but is not limited to:

a. A tavern;

b. A nightclub;

c. A cocktail lounge;

d. A cabaret; or

e. A pub.

3. Does not include a restaurant’s dining area.

“Billiard establishment”

has the same meaning as that term is defined in Section 30.70.030 of this code, or any successor legislation.

“Boardinghouse” or “lodging house”

has the same meaning as that term is defined in Section 30.70.030 of this code, or any successor legislation.

“Brand Boulevard Chess Park”

means the site, including the chess tables, benches, five light towers, and pedestrian passageway, located at 227 North Brand Boulevard.

“Business”

means an entity, however organized, whether a sole proprietorship, partnership, joint venture, corporation, association, or otherwise, that:

1. Is formed for a profit-making purpose; or

2. Has an employee.

“Caretaker’s residence”

has the same meaning as the term “caretaker’s residences,” which is defined in Section 30.70.040 of this code, or any successor legislation.

“Certificate of occupancy”

means the document issued by the city’s building official, or a designee, in accordance with the Glendale Building and Safety Code, or any successor legislation, and other applicable codes that allow a structure to be legally occupied for its intended use.

“Child care facility”

means an establishment or facility that:

1. Is licensed; and

2. Provides non-medical care to a person who is less than 18 years of age and in need of personal services, supervision, or assistance essential for:

a. Sustaining the activities of daily living, or

b. Protecting the individual on less than a 24 hour basis.

“Cigar”:

1. Means a roll of tobacco that is:

a. Intended to be burned or heated under ordinary conditions of use; and

b. Wrapped in, or has a cover made of, leaf tobacco or another substance containing tobacco.

2. Does not include a roll of tobacco wrapped in a substance which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.

“Cigarette”

means a roll of tobacco or another substance, including weed, filler, or plant of any kind, that is:

1. Intended to be burned or heated under ordinary conditions of use; and

2. Wrapped in, or has a cover made of, paper or another material.

“City building or facility

”:

1. Means an area, location, place, site, property, lot, building, structure, facility, or complex that the city or the Glendale Successor Agency owns, controls, operates, occupies, manages, or maintains.

2. Includes, but is not limited to:

a. A restroom;

b. An elevator, escalator, stairway, or ramp;

c. A courtyard, plaza, lobby, atrium, patio, or landscaped area;

d. A walkway, corridor, or hallway;

e. A seating, waiting, or reception area;

f. A meeting or conference room, community room, or auditorium;

g. An employee’s office or work cubicle;

h. An employee’s break room or eating area;

i. A cafeteria or vending machine area;

j. A fire or utility access road;

k. A radio transmission or equipment site;

l. A repair or service facility, or maintenance yard;

m. A monument or memorial area;

n. City council chambers;

o. Civic auditorium;

p. Civic center, including:

i. City Hall building, community services building, facilities services trailer, general services building, Howard sub-station building, municipal services building, or Perkins building,

ii. Civic center parking structure, or a standalone parking lot or structure,

iii. Parcher Plaza, Perkins Plaza, or Civic Center War Memorial, or

iv. A walkway or landscaped area;

q. Fire department station, administrative office, or training center (except when smoking is an integral part of a training exercise);

r. Glendale Water and Power:

i. Power plant, electrical sub-station, control house, or utility operations center, or

ii. Water distribution or treatment plant, sewage treatment plant, pump house, tank, or reservoir;

s. Police department, police parking structure, sub-station, shooting range, or heliport;

t. Public works corporate yard, environmental management center, or integrated waste management facility;

u. Scholl Canyon landfill;

v. Verdugo Job Center; or

w. Youth and family services office.

“City golf course”

means a golf course that the city or the Glendale Successor Agency owns, controls, operates, occupies, manages, or maintains.

“City park”:

1. Means a mini-park, neighborhood park, community park, regional park, bikeway, trail, greenbelt, developed or undeveloped parkland, open space land, open space parcel, or open space area that the city or the Glendale Successor Agency owns, controls, operates, occupies, manages, or maintains.

2. Includes, but is not limited to:

a. All buildings, structures, facilities, fields, or equipment within the city’s boundaries;

b. The central library, arts and culture’s outdoor grounds; and

c. The Brand Boulevard Chess Park.

“City parking lot or structure”

means a parking lot or structure that the city or the Glendale Successor Agency owns, controls, operates, occupies, manages, or maintains.

“City public transit station or stop”

means a public transit station or stop that the city owns, controls, operates, occupies, manages, or maintains.

“City public transportation vehicle”:

1. Means:

a. A vehicle for public transit that the city, or a contractor on the city’s behalf, owns, controls, operates, rents, leases, or maintains; or

b. A taxicab or other vehicle for hire that Chapter 5.84 of this code, or any successor legislation, governs.

2. Includes, but is not limited to:

a. A bus;

b. A motor coach;

c. A shuttle; or

d. A van.

“City recreational facility”

means a recreational facility that the city owns, controls, operates, occupies, manages, or maintains.

“City vehicle”

means a vehicle that:

1. The city owns, leases, or rents; and

2. A city employee or a person drives, operates, or has control over it.

“Common area”:

1. Means an indoor area, or outdoor area, or both, at any one or more of the following places:

a. A shopping mall that is accessible to and usable by an occupant or customer of more than one retail establishment;

b. A boardinghouse or lodging house, dormitory or residence hall, or multi-unit rental housing that is accessible to and usable by a resident or tenant of more than one room or unit; or

c. A residential condominium complex that is accessible to and usable by an owner of more than one unit.

2. Includes, but is not limited to:

a. At a shopping mall:

i. A restroom;

ii. An elevator, escalator, or stairway;

iii. A courtyard, plaza, lobby, atrium, or patio;

iv. A walkway, corridor, or hallway;

v. A seating, waiting, or reception area;

vi. A restaurant or eating area;

vii. A child’s play area; or

viii. A parking lot or structure.

b. At a boardinghouse or lodging house, dormitory or residence hall, multi-unit rental housing, or residential condominium complex:

i. A restroom;

ii. An elevator, escalator, or stairway;

iii. A courtyard, plaza, lobby, lounge, or atrium;

iv. A walkway, corridor, or hallway;

v. A seating, waiting, or reception area;

vi. A child’s play area;

vii. A patio;

viii. A laundry room;

ix. A mailbox area;

x. A gym;

xi. A recreation or game room;

xii. A library or study room;

xiii. A television, media, or computer room;

xiv. A common cooking, or eating area;

xv. A swimming pool, spa, sauna, or pool deck; or

xvi. A parking lot or structure.

“Community center”

has the same meaning as the term “community centers,” which is defined in Section 30.70.040 of this code, or any successor legislation.

“Community garden”

has the same meaning as the term “community gardens,” which is defined in Section 30.70.040 of this code, or any successor legislation.

“Convention center”

has the same meaning as the term “convention centers,” which is defined in Section 30.70.040 of this code, or any successor legislation.

“Domestic violence shelter”

has the same meaning as that term is defined in Section 30.70.050 of this code, or any successor legislation.

“Dormitory” or “residence hall”:

1. Means a room or a unit in a building, or space in a building, that:

a. A school, college, university, or non-profit entity owns, controls, operates, occupies, manages, or maintains; and

b. Provides:

i. Permanent provisions for living and sleeping for one or more:

(A) Students of a school, college, or university, or

(B) Participants at a camp;

ii. Single or multiple occupancy accommodations;

iii. A bathroom or shared bathroom facilities; and

iv. A cafeteria, common kitchen, or communal dining area; or

v. No food or meals.

2. Does not include:

a. A boardinghouse or lodging house;

b. A domestic violence shelter;

c. An emergency shelter;

d. A hotel or motel;

e. A private residence; or

f. A retirement or rest home.

“Emergency shelter”

has the same meaning as that term is defined in Section 30.70.060 of this code, or any successor legislation.

“Employee”

means one or more persons who:

1. Are employed or retained by an employer:

a. In consideration for direct or indirect monetary wages or profit; or

b. As an independent contractor; or

2. Volunteer their services for an employer or a non-profit entity.

“Employer”

means a person or a non-profit entity that employs or retains the services of one or more employees.

“Enclosed”:

1. Means:

a. A covered or partially covered area having more than 50% of its perimeter area walled in or otherwise closed to the outside, regardless of material, including, for example, a covered porch with more than two walls; or

b. A space open to the sky (“uncovered”) having more than 75% of its perimeter area walled in or otherwise closed to the outside including, for example, a courtyard.

2. Does not include an uncovered space of 5,000 square feet or more, including, for example, a field in an open-air arena.

3. For the purpose of this definition, a fence, wall, or railing that is 42 inches or less in height is not considered a “wall” and is not used to determine whether an area is “walled in.”

“Entrance/exit”

means a doorway or opening, for ingress, or egress, or both, at or within any one or more of the following areas, locations, places, or sites, including, but not limited to:

1. A building, room, structure, facility, or complex;

2. A public transit station or stop;

3. An outdoor dining area;

4. An outdoor event;

5. An outdoor seating area;

6. A service line;

7. A place of employment;

8. An enclosed public place;

9. A non-enclosed public place;

10. Multi-unit rental housing;

11. A residential condominium complex;

12. A common area; or

13. A street, sidewalk, walkway, or parking lot or structure.

“Gas station”

has the same meaning as the term “gas stations,” which is defined in Section 30.70.080 of this code, or any successor legislation.

“Golf course”:

1. Means an outdoor area of land with natural turf that:

a. Is designed and used for playing or practicing the game of golf; and

b. Contains a series of nine or more separate holes, each one having a tee, fairway, rough, out-of-bounds area, putting green, and occasionally, one or more natural or artificial hazards.

2. Includes a practice green, driving range, or chip-and-putt course.

3. Does not include a miniature golf course.

“Gym” or “health club”

has the same meaning as the term “gyms and health clubs,” which is defined in Section 30.70.080 of this code, or any successor legislation.

“Health care or medical care facility”:

1. Means:

a. A clinic or a health facility that is licensed, or is exempt from licensure, under California Health and Safety Code Sections 1204, 1206, and 1250, or any successor legislation.

b. A facility or place where a physician, surgeon, chiropractor, podiatrist, osteopath, acupuncturist, physical therapist, or another person licensed under California’s Medical Practice Act (Business and Professions Code, Chapter 5, Sections 2000 to 2521, or any successor legislation) provides diagnosis, care, prevention, or treatment of human illness, whether physical or mental.

2. Includes, but is not limited to:

a. A doctor’s office;

b. A dentist’s office;

c. A psychiatrist’s office;

d. A chiropractor’s office;

e. A physical therapy facility;

f. A hospital;

g. A surgery center;

h. An x-ray facility;

i. A diagnostic laboratory;

j. An infertility treatment center; or

k. An out-patient care facility.

“Hotel” or “motel”:

1. Has the same meaning as that term is defined in Section 30.70.090 of this code, or any successor legislation.

2. Includes, but is not limited to:

a. A registration or check-out area;

b. A courtyard, plaza, lobby, lounge, or atrium; or

c. A seating, waiting, or reception area.

“House of worship”:

1. Means:

a. A building or structure, including its grounds, on one contiguous property:

i. That is used primarily and regularly by an association of persons for:

(A) The advancement of a religion; and

(B) The conduct of religious worship, services, rites, or education; and

ii. Whose governing or operating entity:

(A) Is exempt from taxation under the United States Internal Revenue Code’s provisions;

(B) Has established its organization’s permanent existence and continuity; and

(C) Has a current and valid:

(1) Zoning use certificate from the city, issued for the classification “places of worship,” which is defined in Section 30.70.170 of this code, or any successor legislation, or

(2) Certificate of use and occupancy from the city, as a “church” or issued for the classification “places of worship”; or

(D) Is entitled to a zoning use certificate from the city, issued for the classification “places of worship.”

2. Includes, but is not limited to, other areas or places within the premises:

a. A garden, shrine, or sanctuary;

b. An auditorium;

c. A meeting room;

d. An assembly space;

e. A recreation room;

f. A classroom;

g. A library; or

h. An administrative office.

“International ‘No Smoking’ symbol”

means the pictorial representation of a burning cigarette inside a red circle and crossed by a red bar, all of which contrasts against the background material.

“Landlord”

means a person, other than a sublessor, who:

1. Owns real property leased as residential property;

2. Lets residential property; or

3. Manages the property.

“Legible”

means, in the context of a “No Smoking” sign and “Smoking Permitted” sign, capable of being read, without visual aid, by a person with normal visual acuity who views the sign at a distance of five feet away from it.

“Library”

has the same meaning as the term “libraries,” which is defined in Section 30.70.130 of this code, or any successor legislation.

“Limited residential congregate care facility”

has the same meaning as the term “residential congregate care facilities, limited,” which is defined in Section 30.70.190 of this code, or any successor legislation.

“Lot area”

has the same meaning as that term is defined in Section 30.70.130 of this code, or any successor legislation.

“Monument” or “memorial area”

means an enclosed or non-enclosed area, open to the general public, where a permanently installed or affixed object, including, but not limited to, a statue, bust, sculpture, work of art, portrait, photograph, sign, tablet, or plaque, commemorates, honors, or pays tribute to one or more persons or an event.

“Motion picture theater”:

1. Means an establishment, regardless of what it is formally called, whether a movie theater, cinema, screening room, picture or movie house, picture or movie palace, adult movie theater, drive-in theater, multiplex, megaplex, cineplex, multi-screen cinema, or otherwise:

a. With one or more auditoriums, halls, rooms, areas, or places that are designed and used for exhibiting a motion picture, or a visual or audiovisual work, regardless of:

i. Its length or content, or

ii. The technology used to record, store, distribute, transmit, or exhibit it;

b. That is open to the general public, or is closed to the public for a private function; and

c. Has a current and valid zoning use certificate or certificate of use and occupancy from the city.

2. Does not include a motion picture exhibited in a private residence, such as a home theater.

“Multi-unit rental housing”:

1. Means one or more buildings on the same lot that contain two or more units rented, or available for rent, which:

a. Provide complete, independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation; and

b. The building’s landlord does not occupy.

2. Does not include a residential condominium complex.

“Museum”

has the same meaning as the term “museums,” which is defined in Section 30.70.140 of this code, or any successor legislation.

“Nightclub”

has the same meaning as the term “nightclubs,” which is defined in Section 30.70.150 of this code, or any successor legislation.

“‘No Smoking’ sign”

means a sign or placard that:

1. Indicates to the person viewing it that smoking, as defined in this chapter, is prohibited; and

2. Meets the requirements of Section 8.52.210(D) of this chapter.

“Non-enclosed”:

1. Means a predominantly outdoor area that does not meet this chapter’s definition of “enclosed.”

2. Includes, but is not limited to:

a. An outdoor dining area;

b. An outdoor event;

c. An outdoor seating area;

d. A public transit station or stop; or

e. A service line.

“Non-profit entity”:

1. Means an entity, or a corporation, unincorporated association, or other entity however organized, that is exempt from taxation under the United States Internal Revenue Code’s provisions, and whose:

a. Purpose or objective is primarily benevolent, charitable, religious, philanthropic, educational, intellectual, athletic, fraternal, character-building, political, or social; and

b. Net proceeds from its operations are committed to promoting the entity’s objectives or purposes, rather than to achieving private gain.

2. Does not include a public entity.

“Office”

has the same meaning as that term is defined in Section 30.70.160 of this code, or any successor legislation.

“Outdoor balcony” or “patio”:

1. Means an outdoor area or space that is:

a. Attached or unattached to:

i. A smoking unit or non-smoking unit in multi-unit rental housing, or

ii. A residential condominium unit;

b. At ground level or raised above the ground;

c. Open to the air at all times; and

d. Either:

i. With a roof or overhead covering, and with not more than two walls or side coverings; or

ii. Without a roof or overhead covering, regardless of the number of walls or side coverings.

2. Includes, but is not limited to, a deck or porch.

“Outdoor event”

means an activity, ceremony, event, fair, function, gathering, meeting, pageant, or program, whether athletic, civic, cultural, charitable, community, entertainment, intellectual, recreational, or social, that:

1. Is open to the general public;

2. Takes place outside of an enclosed structure or building; and

3. A person, employer, business, non-profit entity, or the city sponsors, hosts, organizes, or operates.

“Outdoor dining area”:

1. Means a non-enclosed area, open to the general public, or closed to the public for a private function, where food, or beverage, or both, are offered, served, or consumed, regardless of whether compensation is offered or given in exchange.

2. Includes, but is not limited to:

a. A restaurant, or a bar, or both;

b. A standing area;

c. A seating area; or

d. A patio area.

3. Does not include:

a. An outdoor dining area at a private residence; or

b. An area, location, place, or site within the public right-of-way.

“Outdoor seating area”

means bleachers, benches, or seats, located outdoors, that are:

1. Permanently affixed, temporarily placed, or otherwise;

2. Next to, in front of, facing, or opposite:

a. A stage, platform, bandstand, or performing or speaking area; or

b. A playing field, track, court, diamond, or area for sports or athletics; and

3. Provided for an audience, viewers, spectators, or participants of an event.

“Parking lot or structure”:

1. Means an area, site, lot, building, structure, garage, facility, or complex where a person parks or stores a vehicle.

2. Does not include:

a. A parking space on a street;

b. A driveway to, or a garage at, a private residence; or

c. A residential condominium complex parking lot or structure that is for its owners’ and their guests’ exclusive use, unless that parking lot or structure also is open or accessible to the general public.

“Person”

means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized.

“Physical barrier”

means one or more materials, devices, or objects, including, but not limited to, walls, partitions, doors, or membranes, that:

1. Separate a designated smoking permitted area from a non-smoking area in:

a. An outdoor dining area; or

b. A smokers’ lounge;

2. Are impenetrable by, or are impervious to, secondhand smoke;

3. Prevent secondhand smoke from escaping and migrating into:

a. One or more non-smoking areas located on the same premises as:

i. The outdoor dining area’s designated smoking permitted area, or

ii. The smokers’ lounge; and

b. An adjacent area or location listed in Section 8.52.040(A), 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter, that is within a 20 foot distance from:

i. The outdoor dining area’s designated smoking permitted area, or

ii. The smokers’ lounge; and

4. Meet all standards and requirements in the Glendale Building and Safety Code, or any successor legislation.

“Place of employment”:

1. Means an area under the legal or de facto control of an employer, business, or non-profit entity that an employee or the general public may enter in the normal course of operations, regardless of the hours of operation.

2. Includes, but is not limited to:

a. An office or work cubicle;

b. An indoor or outdoor work area;

c. A construction site;

d. A vehicle used in employment or for a business purpose;

e. An employee lounge;

f. A conference room;

g. A banquet room;

h. A bingo or game facility;

i. An adult day care facility;

j. A child care facility;

k. A health care or medical care facility;

l. A residential congregate care facility;

m. A limited residential congregate care facility;

n. A warehouse; or

o. A parking lot or structure.

“Playground”:

1. Means an indoor or outdoor area, location, place, site, property, lot, building, structure, facility, or complex that:

a. Is designed partially or entirely for a child’s use; and

b. Has play or sports equipment installed; or

c. Has been designated or landscaped for play or sports activities.

2. Includes, but is not limited to:

a. A school playground; or

b. A park playground.

“Premises”:

1. Has the same meaning as that term is defined in Section 1.04.020 of this code, or any successor legislation.

2. Does not include an area, location, place, or site within the public right-of-way for an outdoor dining area, as defined in this section.

“Private golf course”

means an establishment that:

1. Owns, controls, operates, occupies, manages, or maintains a golf course;

2. Restricts membership, seeking members by an invitation or application;

3. Requires payment of one or more fees or dues for membership admission;

4. Allows only members and their guests to use the golf course; and

5. Does not allow the general public to use the golf course, even upon payment of a nominal use or access fee.

“Private residence”:

1. Means a detached building that:

a. Is designed exclusively for occupancy by one person or household; and

b. Provides complete, independent living facilities, including permanent provisions for sleeping, eating, cooking, and sanitation.

2. Includes, but is not limited to:

a. An accessory living quarters or guest house.

b. A yard, grounds, walkway, stairs, porch, balcony, patio, driveway, or garage.

c. An accessory use that Title 30 of this code, or any successor legislation, authorizes.

“Private vehicle”

means a vehicle that:

1. A person, other than the city, owns, rents, leases, or otherwise lawfully possesses or controls; and

2. Is not a public transportation vehicle.

“Property line”

means the demarcation, or the line along the ground surface and its vertical extension, that separates a parcel of real property from: a public right-of-way, or another contiguous parcel of real property, or both. The demarcation or line may be:

1. Delineated by an identifiable natural or man-made feature, including, for example, the place where a sidewalk abuts either a front lawn of a home or a parking lot of a business; or

2. Depicted or described on a map, plat, or record of the Los Angeles County assessor or Los Angeles County registrar-recorder/county clerk.

“Public entity”

has the same meaning as that term is defined in California Government Code Section 811.2, or any successor legislation.

“Public place”:

1. Means an area, location, place, site, property, lot, building, structure, facility, or complex, public or private, that is open or accessible to the general public, regardless of any fee or age requirement.

2. Includes, but is not limited to:

a. A bar, restaurant, or banquet hall;

b. A club or nightclub;

c. A store, shopping mall, or shopping center;

d. A business or office;

e. A bank or credit union;

f. A supermarket;

g. A pharmacy;

h. A barber shop or beauty salon;

i. A laundromat;

j. A convention center, meeting or conference room, or auditorium;

k. An arboretum or botanical garden;

l. A museum, gallery, or library;

m. A stadium or sporting facility;

n. A park, playground, or recreational facility;

o. A gym or health club;

p. A restroom;

q. A common area of a boardinghouse or lodging house;

r. A common area of a dormitory or residence hall;

s. A domestic violence shelter;

t. An emergency shelter;

u. A hotel or motel;

v. A retirement or rest home;

w. An adult day care facility;

x. A child care facility;

y. A health care or medical care facility;

z. A residential congregate care facility;

aa. A limited residential congregate care facility;

bb. A gas station, automobile service station, or car wash;

cc. A vehicle dealership;

dd. A retail or wholesale tobacco store;

ee. A theater;

ff. A motion picture theater;

gg. A service line;

hh. A polling place;

ii. An elevator, escalator, or stairway;

jj. A courtyard, plaza, lobby, atrium, or patio;

kk. A walkway, corridor, or hallway;

ll. A seating, waiting, or reception area;

mm. A parking lot or structure;

nn. A street; or

oo. A sidewalk.

“Public right-of-way”:

1. Means a strip or area of land which by written instrument, usage, or process of law is reserved for or dedicated to the public use for one or more purposes, such as pedestrian or vehicular travel, utilities, or improvements.

2. Includes, but is not limited to:

a. A street;

b. A storm drain;

c. A planter strip (“parkway”); or

d. A sidewalk.

“Public transit station or stop”

1. Means an enclosed or non-enclosed platform, sidewalk, shelter, bench, or area where people wait for public transportation, such as a train, bus, shuttle, or taxicab.

2. Includes, but is not limited to, an ancillary area, such as:

a. A restroom;

b. A ticket or vending machine;

c. A kiosk area;

d. A bicycle parking area;

e. A storage locker area; or

f. A pedestrian path or walkway.

“Recreational facility”:

1. Means an indoor or outdoor area, location, place, site, property, lot, building, structure, facility, or complex that is open to the general public for one or more recreational or sport activities or purposes, regardless of a fee for admission or use.

2. Includes, but is not limited to:

a. A playground, or a child’s play equipment or play area;

b. A playing field, track, diamond, or area for sports or athletics;

c. A basketball, volleyball, handball, shuffleboard, lawn bowling, badminton, tennis, or paddle tennis court;

d. A bowling alley;

e. A batting cage;

f. A skateboard, ice or roller skating, or inline skating area;

g. A bicycle path or mountain bike area;

h. A motocross, supercross, or supermoto area;

i. A swimming pool or aquatics facility, spa, or sauna and an area for dressing or showering;

j. A gymnasium and an area for dressing or showering;

k. A miniature golf course;

l. A camp;

m. A community center;

n. A community garden;

o. A dance area;

p. An arcade establishment;

q. A billiard establishment; or

r. A game area.

“Residential condominium complex”

has the same meaning as the term “condominium project,” which is defined in California Civil Code Section 1351(f), or any successor legislation.

“Residential condominium unit”

has the same meaning as the term “separate interest,” which is defined in California Civil Code Section 1351(1)(2), or any successor legislation.

“Residential congregate care facility”

has the same meaning as the term “residential congregate care facilities,” which is defined in Section 30.70.190 of this code, or any successor legislation.

“Restaurant”:

1. Means an establishment where food, or beverage, or both, or are offered, served, or consumed, regardless of whether compensation is offered or given in exchange.

2. Includes, but is not limited to:

a. A coffee shop;

b. A cafeteria;

c. A grill;

d. A sandwich stand or kiosk;

e. A fast food operator;

f. A food court;

g. A school cafeteria;

h. A banquet hall; or

i. A catering facility, or an establishment where food is prepared on the premises for serving elsewhere.

“Retail or wholesale tobacco store”:

1. Means an establishment that, in public view, sells or offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco, a tobacco product, or tobacco paraphernalia.

2. Includes a store that distributes free, or a low cost sample of, a tobacco product or tobacco paraphernalia, or both.

3. Does not include a store that serves or sells food, or beverage, or both.

“Retail store”

has the same meaning as the term “retail stores, general merchandise,” which is defined in Section 30.70.190 of this code, or any successor legislation.

“Retirement or rest home”

has the same meaning as that term is defined in Section 30.70.190 of this code, or any successor legislation.

“School”:

1. Means:

a. A public or private institution of learning for children, or adults, or both; and

b. The buildings and the grounds.

2. Includes, but is not limited to:

a. Pre-school;

b. Kindergarten; and

c. Grades 1 through 12.

3. Does not include:

a. An adult education school;

b. A continuation high school;

c. A vocational, technical, or professional school; or

d. A college or university.

“Secondhand smoke”

means:

1. Smoke or other emissions released from an ignited, heated, burning, smoldering, or idling:

a. Cigarette, bidi, or cigar, or

b. Tobacco product, weed, filler, or plant of any kind within a pipe, water pipe, apparatus, device, or instrument.

2. Exhaled smoke.

“Service line”:

1. Means a line, area, or place, public or private, at which one or more persons are waiting for a transaction, entry, exit, or service of any kind, regardless of whether:

a. An exchange of money occurs; or

b. A person is standing or seated.

2. Includes, but is not limited to:

a. An automated teller machine;

b. A bank teller window;

c. A telephone;

d. An information kiosk;

e. A ticket line;

f. A food, beverage, or merchandise line;

g. A vending machine;

h. A cashier or waiting area;

i. A bus stop;

j. A taxicab stand; or

k. A valet parking drop-off or pick-up area.

“Shopping mall”

means one or more parcels of land with one or more multi-tenant commercial buildings substantially developed as one project or development, where more than 50% of the floor area is occupied by those uses categorized as retail or service in Chapter 30.12 of this code, or any successor legislation.

“Shopping mall’s enclosed building area”:

1. Means the aggregate gross square footage of all enclosed buildings in a shopping mall, as shown on a record of the Los Angeles County assessor’s office or the city’s building department, and if the city’s record contains a different gross square footage than the county’s record, the city’s record prevails.

2. Does not include:

a. The gross square footage of a residential use within an enclosed mixed-use building; or

b. A parking lot or structure.

“Sidewalk”

means that portion of a street, whether paved or unpaved, provided for pedestrian travel.

“Smoke” or “smoking”:

1. Means the act of:

a. Igniting, heating, or burning:

i. A cigarette, bidi, or cigar, or

ii. A tobacco product, weed, filler, or plant of any kind within a pipe, water pipe, apparatus, device, or instrument;

b. Carrying or possessing an ignited, heated, or burning:

i. Cigarette, bidi, or cigar, or

ii. Tobacco product, weed, filler, or plant of any kind within a pipe, water pipe, apparatus, device, or instrument; or

c. Exhaling, or allowing emissions to diffuse into the air from, an ignited, heated, or burning:

i. Cigarette, bidi, or cigar, or

ii. Tobacco product, weed, filler, or plant of any kind within a pipe, water pipe, apparatus, device, or instrument.

2. Does not include emissions released from combustion by any one or more of the following appliances, devices, instruments, or products:

a. A smudge bowl or stick, incense burner, thurible, or censer when a person uses it for a recognized religious rite, practice, or observance.

b. A ceremonial pipe containing a tobacco product, weed, filler, or plant of any kind when a Native American or Alaska Native uses the pipe for a traditional rite, practice, or observance, whether cultural, ceremonial, or religious, in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a, or any successor legislation.

c. Incense.

d. A fireplace or fire pit when a person uses it with a weed or plant for heating, cooking food, illumination, or ambiance.

e. A barbecue, grill, smoker, or stove when a person uses it with a weed or plant for cooking, flavoring, or preserving food.

f. A moxa cone or stick when an acupuncturist, who is licensed or is exempt from licensure, under California Business and Professions Code, Chapter 12, Sections 4935 to 4949, or any successor legislation, uses it for moxibustion treatment, or acupuncture treatment, or both.

“Smokers’ lounge”

means a retail or wholesale tobacco store, open to the general public, within which a person may smoke, regardless of what it is formally called, whether a cigarette, cigar, hookah, narghile, sheesha, or tobacco club, lounge, bar, café, den, or otherwise.

“Smoker’s waste receptacle”:

1. Means an on-site container or receptacle that is specifically designated for discarding or disposing of a cigarette, bidi, cigar, or tobacco product.

2. Does not include a container or receptacle for trash or recycling.

“Smoking permitted area”

means the area, location, place, or site, identified by a posted “smoking permitted” sign, that is cordoned off or specifically designated, within which a person may smoke.

“‘Smoking Permitted’ sign”

means a sign or placard that:

1. Indicates to the person viewing it that the person may lawfully smoke within a smoking permitted area; and

2. Meets the requirements of Section 8.52.210(D) of this chapter.

“Stage”

means a designated area or space, whether on a raised platform, at floor-level, or otherwise, within which an actor or performer gives a live performance at a theater.

“Street”:

1. Means a way or place, of whatever nature, open to the general public’s use as a matter of right for vehicular travel or, in the case of a sidewalk, for pedestrian travel.

2. Includes, but is not limited to:

a. A traffic lane;

b. A bicycle lane;

c. A parking lane;

d. A marked or unmarked crosswalk;

e. An island or median;

f. A shoulder;

g. A gutter;

h. A curb; or

i. Any other area found within the public right-of-way, regardless of what it is formally called, whether alley, avenue, court, highway, road, or otherwise.

“Theater”:

1. Means an establishment, regardless of what it is formally called, whether a playhouse, amphitheater, arena theater, theater-in-the-round, opera house, concert hall, odeum, or otherwise:

a. With one or more auditoriums, halls, rooms, areas, or places that:

i. Are designed and used for exhibiting a live performance,

ii. Have a stage,

iii. Have 40 or more fixed, individual seats which:

(A) Are permanently fastened to the floor,

(B) Are arranged in ascending, tiered, or off-set rows from the stage to the rear or side, or rear and side, of the premises, and

(C) Face the stage and give the audience an unobstructed view of it,

iv. Are not designed or used to circumvent this chapter, where, for example, an owner, manager, or person in charge or control of a bar or a restaurant sets up a stage or an area from which one or more customers or guests perform, impromptu or otherwise;

b. Is open to the general public, or are closed to the public for a private function; and

c. Has a current and valid zoning use certificate or certificate of use and occupancy from the city.

2. Includes, but is not limited to, other areas or places within the premises:

a. A backstage or offstage;

b. A rehearsal room;

c. A lighting, sound, projection, or production booth;

d. An orchestra pit;

e. A dressing room;

f. An area for constructing or storing a set, prop, or costume;

g. A lobby;

h. A box office or ticket sales area;

i. A food, beverage, or merchandise area; or

j. A restroom.

“Tobacco paraphernalia”:

1. Means an apparatus, device, instrument, product, or object designed or used for smoking, consuming, ingesting, preparing, or storing tobacco or a tobacco product.

2. Includes, but is not limited to:

a. A cigarette wrapper or paper;

b. A cigarette or cigar rolling machine;

c. A cigarette holder; or

d. A pipe or water pipe.

“Tobacco product”:

1. Means:

a. Any substance or product containing tobacco leaf, or any other preparation of tobacco, including, but not limited to:

i. A cigarette;

ii. A cigar;

iii. Pipe tobacco;

iv. Snuff;

v. Chewing tobacco;

vi. Dipping tobacco;

vii. Hookah tobacco;

viii. Smokeless tobacco; or

ix. Bidis.

b. Any product or formulation of matter that:

i. Contains a biologically active amount of nicotine; and

ii. Is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body.

2. Includes all parts and materials, such as: the paper, filter, filter wrapper, over-wrapper, rod, portion pouch, or similar matter, even if sold separately.

3. Does not include tobacco that has not been processed or prepared for human use.

“Vehicle”

has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor legislation.

“Vehicle dealership”

has the same meaning as the term “dealer,” which is defined in California Vehicle Code Section 285, or any successor legislation.

“Visible”

means, in the context of a “No Smoking” sign and “Smoking Permitted” sign, capable of being seen, without visual aid, by a person with normal visual acuity.

“Water pipe”:

1. Means an apparatus, including a pipe, for smoking, in which the smoke is drawn through water or another liquid before it is inhaled.

2. Includes, but is not limited to:

a. An arghileh;

b. A bong;

c. A ghalyan;

d. A hookah;

e. A hubble-bubble;

f. A kalyan;

g. A narghile;

h. An okka; or

i. A shisha.

(Ord. 5464 § 2, 2005; Ord. 5628 § 3, 2008; Ord. 5686 § 2, 2010; Ord. 5772 § 7, 2012; Ord. 5780 § 1, 2012; Ord. 5796 § 1, 2013; Ord. 5797 § 1, 2013; Ord. 5812 § 18, 2013; Ord. 5846 § 1, 2015)

§ 8.52.040 Smoking prohibited on city property; in city vehicles and public transportation vehicles; at city public transit stations.

A. Except as this chapter, federal law, or state law provides, no person shall smoke:

1. In:

a. A city building or facility.

b. A city park.

c. A city recreational facility.

d. A city golf course.

e. A city parking lot or structure.

f. A city vehicle.

g. A city public transportation vehicle.

h. A city public transit station or stop.

i. A service line at an area or a location listed in subsection (A)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section.

2. Within a 20 foot distance from:

a. An entrance/exit, open window, or air intake vent to:

i. A city building or facility.

ii. A city parking lot or structure.

iii. A service line at an area or a location listed in subsection (A)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section.

b. The property line of:

i. A city park.

ii. A city recreational facility.

iii. A city golf course.

B. The city manager, or a designee, may prepare, adopt, amend, repeal, and enforce rules, regulations, or procedures to implement and administer this section.

(Ord. 5464 § 2, 2005; Ord. 5628 § 4, 2008; Ord. 5686 § 3, 2010)

§ 8.52.050 Smoking prohibited in places of employment.

Except as this chapter, federal law, or state law provides, no person shall smoke:

A. In a place of employment.

B. Within a 20 foot distance from an entrance/exit, open window, or air intake vent to a place of employment.

(Ord. 5464 § 2, 2005; Ord. 5628 § 5, 2008; Ord. 5686 § 4, 2010)

§ 8.52.060 Smoking prohibited in enclosed public places.

Except as this chapter, federal law, or state law provides, no person shall smoke in, or within a 20 foot distance from:

A. An enclosed public place.

B. An entrance/exit, open window, or air intake vent to an enclosed public place.

C. A service line at an enclosed public place.

(Ord. 5464 § 2, 2005; Ord. 5628 § 6, 2008; Ord. 5686 § 5, 2010)

§ 8.52.070 Smoking prohibited in nonenclosed public places.

A. Except as this chapter, federal law, or state law provides, no person shall smoke in, or within a 20 foot distance from:

1. A nonenclosed public place.

2. An outdoor dining area.

3. An outdoor event.

4. An outdoor seating area.

5. A public transit station or stop.

6. A service line at an area or a location listed in subsection (A)(1), (2), (3), (4), or (5) of this section.

B. Except as this chapter, federal law, or state law provides, no person shall smoke within a 20 foot distance from the property line of a school.

(Ord. 5464 § 2, 2005; Ord. 5628 § 7, 2008; Ord. 5686 § 6, 2010)

§ 8.52.080 Smoking prohibited in common areas of multi-unit rental housing and residential condominium complex, and on outdoor balcony or patio of unit; new multi-unit rental housing, and residential condominium complexes and units, beginning June 27, 2013.

A. Except as this chapter, federal law, or state law provides, no person shall smoke in, or within a 20 foot distance from:

1. A common area of:

a. Multi-unit rental housing.

b. A residential condominium complex.

2. An entrance/exit, open window, or air intake vent to:

a. Multi-unit rental housing.

b. A residential condominium complex.

B. Except as this chapter, federal law, or state law provides, no person shall smoke on or within an outdoor balcony or patio of:

1. A smoking unit or non-smoking unit in multi-unit rental housing.

2. A residential condominium unit.

C. Except as Section 8.52.130 or 8.52.140 of this chapter, federal law, or state law provides, on and after June 27, 2013:

1. The entire premises of multi-unit rental housing, a residential condominium complex, and a residential condominium unit, including a common area and an outdoor balcony or patio located at that structure, must be 100% non-smoking.

2. No person shall smoke in, or within a 20 foot distance from, an area or a location listed in subsection (C)(1) of this section.

D. Subsection (C)(1) of this section does not apply to multi-unit rental housing, a residential condominium complex, or a residential condominium unit for which on or before June 26, 2013, the city has issued a certificate of occupancy.

(Ord. 5464 § 2, 2005; Ord. 5628 § 8, 2008; Ord. 5686 § 7, 2010; Ord. 5797 § 2, 2013)

§ 8.52.090 Other prohibited acts—Aiding or abetting; disposal of smoking waste; reprisal; and sign removal.

A. No person shall cause, permit, allow, aid, abet, or conceal a violation of any one or more of this chapter’s provisions.

B. Except in a smoker’s waste receptacle, no person shall place, discard, or dispose of smoking waste in or upon:

1. An area or a location listed in Section 8.52.040(A), 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter.

2. A street.

3. A storm drain.

4. A planter strip (“parkway”).

5. A sidewalk.

C. No person shall place or maintain, or allow the placing or maintaining of, a smoker’s waste receptacle in an area or a location listed in Section 8.52.040(A), 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter, except as may be necessary to encourage compliance with this chapter, federal law, or state law.

D. No person shall intimidate, threaten or effect a reprisal, or retaliate against another person who seeks to attain compliance with one or more of this chapter’s provisions.

E. No person shall alter, deface, obscure, remove, or destroy a sign or placard that this chapter authorizes.

(Ord. 5628 § 9, 2008; Ord. 5686 § 8, 2010; Ord. 5812 § 19, 2013)

§ 8.52.100 Multi-unit rental housing—Landlord’s disclosures to prospective tenant; posting diagram of smoking and non-smoking rental units; and record inspection.

A. Before a prospective tenant signs a lease or rental agreement for a unit for rent within multi-unit rental housing, the landlord shall:

1. Disclose to the prospective tenant whether:

a. Smoking is permitted in the unit for rent; and

b. The unit for rent was designated as a smoking or non-smoking unit for the tenant last residing in it.

2. Provide the prospective tenant with a site plan that shows:

a. The position of the unit for rent, smoking units, and non-smoking units, relative to one another, in the building or complex; and

b. The location of:

i. All common areas of multi-unit rental housing where smoking is prohibited; and

ii. Any smoking permitted area.

B. When a tenant signs a lease or rental agreement for a unit within multi-unit rental housing:

1. The landlord shall attach as an exhibit to each copy of the lease or rental agreement the site plan described in subsection (A)(2) of this section;

2. The tenant shall acknowledge having received the site plan, by initialing or signing it; and

3. The landlord shall maintain a copy of the lease or rental agreement:

a. For each tenant who leases or rents a smoking unit or non-smoking unit; and

b. While the tenant leases or rents the unit, and for two years after the date on which the tenant vacates the unit.

C. A landlord shall post a diagram, which contains the requisite information, and which is positioned at the designated place, specified by Subsection 2, Section 14.2, Volume VII of the Glendale Building and Safety Code, 2011, or any successor legislation, showing the location of:

1. Smoking units and non-smoking units, relative to one another, in the building or complex; and

2. A smoking permitted area authorized under Section 8.52.130 of this chapter.

D. A landlord shall permit the director of community development, or a designee, at any time, to examine and copy:

1. The site plan that subsection (A)(2) of this section requires; and

2. The lease or rental agreement that subsection (B)(3) of this section requires.

(Ord. 5628 § 10, 2008; Ord. 5686 § 9, 2010; Ord. 5780 § 2, 2012; Ord. 5798 § 1, 2013)

§ 8.52.110 Public places where smoking is permitted.

Smoking is permitted in the following locations within the city, unless federal law or state law prohibits it:

A. A private residence, except during the period when it is operated or used as:

1. An adult day care facility;

2. A child care facility;

3. A health care or medical care facility;

4. A residential congregate care facility; or

5. A limited residential congregate care facility.

B. A house of worship, except for the portion of its premises on which the following use occurs and during the period when the portion of the premises is operated or used as:

1. An adult day care facility;

2. A child care facility; or

3. A school.

C. A private residence located adjacent to, or within a 20 foot distance from, a school.

D. A boardinghouse or lodging house.

E. A caretaker’s residence on private property.

F. A dormitory or residence hall.

G. A private vehicle.

H. A private golf course.

I. A street or sidewalk, except when within a 20 foot distance from an area or a location listed in Section 8.52.040(A), 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter.

J. A smoking permitted area that the city manager, or a designee, may designate within an area or a location listed in Section 8.52.040(A) of this chapter.

(Ord. 5628 § 11, 2008; Ord. 5686 § 10, 2010)

§ 8.52.120 Outdoor dining area—Smoking permitted area.

A. Even though Sections 8.52.050 and 8.52.070 of this chapter prohibit smoking in an outdoor dining area, an owner, manager, or person in charge or control of an outdoor dining area may designate a portion of the premises’ adjoining outdoor area as a smoking permitted area, when the designated smoking permitted area meets all of the requirements listed in subsections B and C of this section.

B. An owner, manager, or person in charge of an outdoor dining area shall:

1. Obtain, maintain, and renew a license required under Section 5.98.020 of this code, for designating, operating, and maintaining an outdoor smoking permitted area on the premises; and

2. Pay the fee for the license.

C. A designated smoking permitted area:

1. Must represent a separate and discrete area of the outdoor dining area;

2. Must have a clearly marked boundary by using one or more of the following means, including, but not limited to:

a. A rope and stanchions;

b. A knee or half wall;

c. A row of plant containers;

d. Tables and chairs of a specific color; or

e. A painted line, except on property that the city or the Glendale successor agency owns, controls, operates, occupies, manages, or maintains;

3. Must be identified by one or more posted “Smoking Permitted” signs;

4. Must not comprise more than:

a. Twenty-five percent of the premises’ total outdoor seating capacity in the outdoor dining area (calculating any fraction or partial number downward to the nearest whole number), for an outdoor dining area that measures less than 2,000 square feet;

b. Fifty percent of the premises’ total outdoor seating capacity in the outdoor dining area (calculating any fraction or partial number downward to the nearest whole number), for an outdoor dining area that measures 2,000 square feet to less than 5,000 square feet; or

c. Sixty-six percent of the premises’ total outdoor seating capacity in the outdoor dining area (calculating any fraction or partial number downward to the nearest whole number), for an outdoor dining area that measures 5,000 or more square feet;

5. Must have all tables and chairs:

a. Located:

i. Inside of a physical barrier; or

ii. The greatest distance practicable, but at least 15 feet away, from all tables and chairs in the indoor and outdoor non-smoking areas, measured from the clearly marked boundary described in subsection (C)(2) of this section;

iii. At least 20 feet away from an adjacent area or location, listed in Section 8.52.040(A), 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter, where smoking is prohibited; and

iv. Not closer to the property line than the applicable building setback line for that zone or specific plan, as established in Title 30 of this code, for an outdoor dining area in which subsection (C)(4)(b) or (c) of this section applies; and

b. Arranged so that they cannot be placed deliberately or inadvertently within the 15 foot separation area or outside of the physical barrier;

6. Must not allow secondhand smoke to enter into one or more non-smoking areas located on the same premises as the outdoor dining area’s designated smoking permitted area;

7. Must have at least one smoker’s waste receptacle on each table; and

8. Must not be located on any portion of a public right-of-way and must comply with the requirements of Section 12.08.035 of this code.

D. An employee, owner, manager, or person in charge or control of an outdoor dining area shall ask a patron, before seating that person, whether the patron prefers seating in a smoking or non-smoking part of the outdoor dining area.

E. An owner, manager, or person in charge or control of an outdoor dining area shall:

1. Maintain on the premises a plan or diagram of the outdoor dining area that depicts and describes:

a. The dimensions and layout of the outdoor dining area’s:

i. Exterior boundaries,

ii. Entrance/exit,

iii. Non-smoking area,

iv. Designated smoking permitted area, and

v. Any physical barrier;

b. The total number of tables and chairs in the outdoor dining area;

c. The location of, and the separation distance between, tables and chairs in the outdoor dining areas:

i. Non-smoking area, and

ii. Designated smoking permitted area; and

d. The material, object, or device placed as any physical barrier.

2. Permit the director of community development, or a designee, at any time, to:

a. Enter and inspect the premises and the outdoor dining area; and

b. Examine and copy the plan or diagram that subsection (E)(1) of this section requires.

F. If an owner, manager, or person in charge or control of an outdoor dining area cannot satisfy all of the requirements listed in subsections (C)(1) through (7) of this section, the outdoor dining area is entirely a non-smoking area and Section 8.52.070 of this chapter applies.

(Ord. 5628 § 12, 2008; Ord. 5686 § 11, 2010; Ord. 5780 § 3, 2012; Ord. 5798 § 2, 2013; Ord. 5812 § 20, 2013; Ord. 5846 § 2, 2015)

§ 8.52.130 Multi-unit rental housing—Smoking permitted area.

A. Even though Section 8.52.080(A)(1)(a), (A)(2)(a), and (B)(1) of this chapter prohibits smoking in specific areas of multi-unit rental housing, and even though Section 8.52.080(C)(2) of this chapter prohibits smoking on the entire premises of multi-unit rental housing, a landlord of multi-unit rental housing may designate a portion of the premises’ outdoor area as a smoking permitted area, when the smoking permitted area meets all of the requirements listed in subsections B., C., and D. of this section.

B. A landlord of multi-unit rental housing shall:

1. Obtain, maintain, and renew a license required under section 5.98.020 of this code, for designating, operating, and maintaining an outdoor smoking permitted area on the premises; and

2. Pay the fee for the license.

C. A smoking permitted area:

1. Must be located the greatest distance practicable, but at least 20 feet away, from:

a. A non-smoking rental unit;

b. An indoor common area of multi-unit rental housing where smoking is prohibited;

c. An outdoor area that a child primarily uses, including, but not limited to, a playground or any other place improved or designated for a child’s swimming or playing; and

d. An adjacent area or location—listed in section 8.52.040.A., 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter—where smoking is prohibited;

2. Must measure 40 square feet or less in total area;

3. May be combined or merged with another on-site smoking permitted area;

4. Must have a clearly marked perimeter;

5. Must be identified by one or more posted “Smoking Permitted” signs; and

6. Must have at least one smoker’s waste receptacle.

D. The number of smoking permitted areas within multi-unit rental housing, as determined by the multi-unit rental housing’s total lot area, must not exceed the corresponding numerical limit listed in the following table:

Smoking Permitted Areas in Multi-Unit Rental Housing
Square Feet of Total Lot Area	Number of Smoking Permitted Areas
0—7,500	No more than 1
7,501—15,000	No more than 2
15,001—22,500	No more than 3
22,501—30,000	No more than 4
30,001—37,500	No more than 5
37,501—45,000	No more than 6
45,001 or more	No more than 7

E. If a landlord cannot satisfy the requirements listed in subsections C.1. through 6. of this section, the director of community development, or a designee, may approve a smoking permitted area that meets this section’s requirements to the extent practicable.

(Ord. 5628, § 13, 2008; Ord. 5686, § 12, 3-9-2010; Ord. 5780, § 4, 10-2-2012; Ord. 5797, § 3, 5-28-2013; Ord. 5812, § 21, 11-5-2013)

§ 8.52.140 Residential condominium complex—Smoking permitted area.

A. Even though subsections 8.52.080.A.1.b., A.2.b., and B.2. of this chapter prohibits smoking in specific areas of a residential condominium complex, and even though subsection 8.52.080.C.2. of this chapter prohibits smoking on the entire premises of a residential condominium complex, a residential condominium complex association may designate a portion of the premises’ outdoor area as a smoking permitted area, when the smoking permitted area meets all of the requirements listed in subsections B., C., and D. of this section.

B. A residential condominium complex association shall:

1. Obtain, maintain, and renew a license required under section 5.98.020 of this code, for designating, operating, and maintaining an outdoor smoking permitted area on the premises; and

2. Pay the fee for the license.

C. A smoking permitted area:

1. Must be located the greatest distance practicable, but at least 20 feet away, from:

a. A residential condominium unit;

b. An indoor common area of the residential condominium complex where smoking is prohibited;

c. An outdoor area that a child primarily uses, including, but not limited to, a playground or any other place improved or designated for a child’s swimming or playing; and

d. An adjacent area or location—listed in section 8.52.040.A., 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter—where smoking is prohibited;

2. Must measure 40 square feet or less in total area;

3. May be combined or merged with another on-site smoking permitted area;

4. Must have a clearly marked perimeter;

5. Must be identified by one or more posted “Smoking Permitted” signs; and

6. Must have at least one smoker’s waste receptacle.

D. The number of smoking permitted areas within a residential condominium complex, as determined by the residential condominium complex’s total lot area, must not exceed the corresponding numerical limit listed in the following table:

Smoking Permitted Areas in Residential Condominium Complex
Square Feet of Total Lot Area	Number of Smoking Permitted Areas
0—7,500	No more than 1
7,501—15,000	No more than 2
15,001—22,500	No more than 3
22,501—30,000	No more than 4
30,001—37,500	No more than 5
37,501—45,000	No more than 6
45,001 or more	No more than 7

E. If a residential condominium complex association cannot satisfy the requirements listed in subsections C.1. through 6. of this section, the director of community development, or a designee, may approve a smoking permitted area that meets this section’s requirements to the extent practicable.

(Ord. 5628, § 14, 2008; Ord. 5686, § 13, 3-9-2010; Ord. 5780, § 5, 10-2-2012; Ord. 5797, § 4, 5-28-2013; Ord. 5812, § 22, 11-5-2013)

§ 8.52.150 Hotel or motel—Smoking permitted guest room.

A. Even though sections 8.52.060 and 8.52.070 of this chapter prohibit smoking in a guest room of a hotel or motel, an owner, manager, or person in charge of a hotel or motel may designate one or more guest rooms as a smoking guest room, when the hotel or motel meets all of the requirements listed in subsection B. of this section.

B. The hotel or motel must:

1. Permanently designate 80% or more of its guest rooms as non-smoking rooms;

2. Post one or more:

a. “No Smoking” signs in the non-smoking rooms; and

b. “Smoking Permitted” signs in the smoking rooms;

3. Permanently remove smoker’s waste receptacles and matches from the non-smoking rooms; and

4. Segregate smoking rooms from non-smoking rooms on separate floors, wings, or portions of either, without interspersing smoking rooms and non-smoking rooms.

(Ord. 5628, § 15, 2008; Ord. 5686, § 14, 3-9-2010; Ord. 5780, § 6, 10-2-2012; Ord. 5812, § 23, 11-5-2013)

§ 8.52.160 Shopping mall—Smoking permitted area.

A. Even though sections 8.52.060 and 8.52.070 of this chapter prohibit smoking indoors and outdoors at a shopping mall, an owner, manager, or person in charge of a shopping mall may designate a nonenclosed, common area as a smoking permitted area, when the smoking permitted area meets all of the requirements listed in subsections B., C., and D. of this section.

B. An owner, manager, or person in charge of a shopping mall shall:

1. Obtain, maintain, and renew a license required under section 5.98.020 of this code, for designating, operating, and maintaining an outdoor smoking permitted area on the premises; and

2. Pay the fee for the license.

C. A smoking permitted area:

1. Must be located the greatest distance practicable, but at least 20 feet away, from:

a. An opening, or an entrance/exit, to an enclosed area;

b. An access way between a parking lot or structure and one or more retail areas of the shopping mall; and

c. An adjacent area or location—listed in section 8.52.040.A., 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter—where smoking is prohibited;

2. Must measure 40 square feet or less in total area;

3. Must be located not less than 250 feet apart from one another;

4. Must not be combined or merged with another on-site smoking permitted area;

5. Must have a clearly marked perimeter;

6. Must be identified by one or more posted “Smoking Permitted” signs; and

7. Must have at least one smoker’s waste receptacle.

D. The number of smoking permitted areas within a shopping mall, as determined by the shopping mall’s enclosed building area, must not exceed the corresponding numerical limit listed in the following table:

Smoking Permitted Areas in Shopping Malls
Square Feet of Enclosed Building Area	Number of Smoking Permitted Areas
0—30,000	No more than 1
30,001—50,000	No more than 2
50,001—75,000	No more than 3
75,001—150,000	No more than 4
150,001—300,000	No more than 5
300,000—700,000	No more than 6
700,001—999,999	No more than 8
1,000,000 or more	No more than 10

E. If a an owner, manager, or person in charge of a shopping mall cannot satisfy the requirements listed in subsections C.1. through 7. of this section, the director of community development, or a designee, may approve a smoking permitted area that meets this section’s requirements to the extent practicable.

(Ord. 5686, § 15, 3-9-2010; Ord. 5780, § 7, 10-2-2012; Ord. 5798, § 3, 6-4-2013; Ord. 5812, § 24, 11-5-2013)

§ 8.52.170 Vehicle dealership—Smoking permitted area.

A. Even though sections 8.52.060 and 8.52.070 of this chapter prohibit smoking indoors and outdoors at a vehicle dealership, an owner, manager, or person in charge of a vehicle dealership may designate a portion of the premises’ outdoor display lot as a smoking permitted area, when the smoking permitted area meets all of the requirements listed in subsections B. and C. of this section.

B. An owner, manager, or person in charge of a vehicle dealership shall:

1. Obtain, maintain, and renew a license required under section 5.98.020 of this code, for designating, operating, and maintaining an outdoor smoking permitted area on the premises; and

2. Pay the fee for the license.

C. A smoking permitted area:

1. Must be located the greatest distance practicable, but at least 20 feet away, from:

a. An indoor showroom;

b. An indoor or outdoor:

i. Seating, waiting, or reception area;

ii. Food or beverage area;

iii. Eating area;

iv. Vending machine area;

v. Repair or service area;

vi. Parts or accessories area;

vii. Car rental or loan area;

viii. Cashier area;

ix. Car wash area; and

x. Restroom;

c. An opening, or an entrance/exit, to an enclosed area;

d. A service line at an area or a location listed in subsection 1.a., b., or c. above; and

e. An adjacent area or location—listed in section 8.52.040.A., 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter—where smoking is prohibited;

2. Must have a clearly marked perimeter;

3. Must be identified by one or more posted “Smoking Permitted” signs; and

4. Must have at least one smoker’s waste receptacle.

D. If a an owner, manager, or person in charge of a vehicle dealership cannot satisfy the requirements listed in subsections C.1. through 4. of this section, the director of community development, or a designee, may approve a smoking permitted area that meets this section’s requirements to the extent practicable.

(Ord. 5628, § 16, 2008; Ord. 5686, § 16, 3-9-2010; Ord. 5812, § 25, 11-5-2013)

§ 8.52.180 Retail or wholesale tobacco store—Smoking permitted area.

A. Even though section 8.52.060 of this chapter prohibits smoking at a retail or wholesale tobacco store, an owner, manager, or person in charge of a retail or wholesale tobacco store may designate a portion of the premises as a smoking permitted area—known as a smokers’ lounge—when the smoking permitted area meets all of the requirements listed in subsections B. and C, of this section.

B. An owner, manager, or person in charge of a retail or wholesale tobacco store shall:

1. Obtain, maintain, and renew a license required under section 5.98.020 of this code, for designating, operating, and maintaining an outdoor smoking permitted area on the premises; and

2. Pay the fee for the license.

C. A retail or wholesale tobacco store must:

1. Specifically designate an enclosed area with a physical barrier in, or attached to, its premises for smoking a tobacco product—purchased on-site—by one or more of its customers;

2. Comply with the ventilation requirements specified in California Labor Code Section 6404.5(d)(13)(A) and (B), or any successor legislation;

3. Reserve:

a. Twenty-five percent or more of its interior floor space for displaying tobacco products and tobacco paraphernalia for sale; and

b. Fifteen percent or less of its interior floor space, or 250 square feet or less of its interior floor space—whichever measurement is smaller—for the customer smoking permitted area;

4. Have a current and valid zoning use certificate or certificate of use and occupancy from the city; and

5. Post one or more:

a. “No Smoking” signs in its premises; and

b. “Smoking Permitted” signs in the smokers’ lounge.

(Ord. 5628, § 17, 2008; Ord. 5686, § 17, 3-9-2010; Ord. 5780, § 8, 10-2-2012; Ord. 5812, § 26, 11-5-2013)

§ 8.52.190 Theater, motion picture, or television production—Actor smoking during performance.

A. An actor or performer may smoke on a stage at a theater, when the theater meets all of the following conditions:

1. Smoking is an integral part of the story, scene, or performance;

2. The actor or performer smokes during the performance, in front of an audience, and not during a rehearsal; and

3. The theater’s owner, manager, or employee:

a. Posts one or more conspicuous signs at the theater—including, but not limited to, a ticket sales area; entrance/exit to the seating area; food, beverage, or merchandise area—stating that smoking will occur on stage during the performance; and

b. Announces to the audience, before the performance begins, that smoking will occur on the stage during the performance.

B. An actor or performer may smoke on a soundstage, set, or within an area where a filming or video recording occurs for a motion picture or television production, when the filming or video recording meets all of the following conditions:

1. Smoking is an integral part of the story, scene, or performance;

2. The actor or performer smokes during the filming or video recording and not during a rehearsal; and

3. The city has issued a motion picture and television production permit, under Section 5.08.350 of this code, or any successor legislation, for the filming or video recording, unless—under that section—the filming or video recording is exempt from the permit requirement.

(Ord. 5628, § 18, 2008; Ord. 5686, § 18, 3-9-2010)

§ 8.52.200 Businesses, property owners, and hotels—Authority to prohibit smoking.

The following persons or establishments may declare an area—where smoking otherwise would be permitted—as a nonsmoking area, or may prohibit smoking throughout the property, if the person or establishment posts in that area one or more “No Smoking” signs:

A. An employer.

B. A business.

C. A nonprofit entity.

D. A hotel or motel.

E. An apartment owner or landlord.

F. A residential condominium complex association.

G. A private residence owner.

H. A boardinghouse or lodging house owner, operator, or manager.

I. A dormitory or residence hall owner, operator, or manager.

(Ord. 5628, § 19, 2008; Ord. 5686, § 19, 3-9-2010)

§ 8.52.210 City officials’ authority to designate prohibited and permitted smoking areas; signs— Posting requirements.

A. The city manager or a designee:

1. May select, authorize, establish, change, and discontinue the location, size, and duration of a smoking permitted area for an area or a location listed in Section 8.52.040(A) of this chapter;

2. Shall authorize the posting of one or more:

a. “No Smoking” signs at each entrance/exit to, and a conspicuous place within, an area or a location listed in Section 8.52.040(A) of this chapter; and

b. “Smoking Permitted” signs at a smoking permitted area; and

3. Shall select, authorize, and establish the contents, lettering, size, and color of the sign.

B. In an area or location listed in Section 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter— where smoking is prohibited:

1. A person, landlord, employer, business, or nonprofit entity that has legal or de facto control of that area or location shall post a “No Smoking” sign:

a. At:

i. Each entrance/exit to that area or location; and

ii. Another place, within that area or location, that is easily seen by a person entering that area or location.

b. Which:

i. Meets the requirements of subsection (D) of this section; and

ii. Contains:

(A) The international “No Smoking” symbol; and

(B) The words “No Smoking” that are printed with letters that contrast against the background material and measure not less than one inch in height.

2. The presence or absence of a “No Smoking” sign, or a “No Smoking” sign’s noncompliance with this section’s requirements:

a. Does not prevent any one or more of the persons who are listed in Section 8.52.220(A), (D), or (E) of this chapter from enforcing any one or more provisions of this chapter; and

b. Is not a defense to a charge of smoking in violation of Section 8.52.040(A), 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter.

C. In an area or location—listed in Section 8.52.120, 8.52.130, 8.52.140, 8.52.150, 8.52.160, 8.52.170, or 8.52.180 of this chapter—where smoking is permitted:

1. A person, landlord, employer, business, or nonprofit entity that has legal or de facto control of that area or location shall post a “Smoking Permitted” sign:

a. At:

i. Each entrance/exit to that area or location; and

ii. Another place, within that area or location, that is easily seen by a person entering that area or location.

b. Which:

i. Meets the requirements of subsection D of this section; and

ii. Contains:

(A) The pictorial representation of a burning cigarette; or

(B) The words “Smoking Permitted” that are printed with letters that contrast against the background material and measure not less than one inch in height.

2. The presence or absence of a “Smoking Permitted” sign, or a “Smoking Permitted” sign’s noncompliance with this section’s requirements:[li51(B) The words “Smoking Permitted” that are printed with letters that contrast against the background material and measure not less than one inch in height.

a. Does not prevent any one or more of the persons who are listed in Section 8.52.220(A), (D), or (E) of this chapter from enforcing any one or more provisions of this chapter; and

b. Is not a defense to a charge of smoking in violation of Section 8.52.040(A), 8.52.050, 8.52.060, 8.52.070, or 8.52.080 of this chapter.

D. A sign posted in compliance with subsection (B), or subsection (C), or both subsections of this section must be:

1. Made of a durable or weather-proof material;

2. Legible, accurate, and printed with:

a. The telephone number that the city manager, or a designee, specifies for making a complaint or reporting a violation of this chapter; and

b. The citation: “Glendale Municipal Code, Chapter 8.52” or “G.M.C. 8.52”;

3. Stationary, permanently affixed, and positioned at a height of between five and seven feet above the floor or ground; and

4. Visible and not obscured in any way.

E. The standards and requirements for directional and informational signs in Section 30.33.190 of this code, or any successor legislation, do not apply to this section.

(Ord. 5628, § 21, 2008; Ord. 5686, § 20, 3-9-2010)

§ 8.52.220 Enforcement—By city official or private citizen.

A. City Personnel Authorized to Enforce Chapter. Any one or more of the following city representatives has all necessary powers and authority to enforce this chapter:

1. The city manager or a designee;

2. The director of community services and parks or a designee;

3. A Glendale police department officer;

4. The director of community development or a designee; or

5. A license investigator for the city.

B. Criminal Prosecution. A violation of section 8.52.040.A.; 8.52.050; 8.52.060; 8.52.070; 8.52.080; 8.52.090.A., B., or C.; 8.52.100; or 8.52.210.B., C., or D. of this chapter is punishable under subsection 1.20.010.D. of this code, or any successor legislation.

C. Public Nuisance. The city council declares that exposing another person to secondhand smoke, by committing a violation of this chapter, is a public nuisance.

D. Civil Enforcement by City Attorney.

1. In addition to, or in place of, prosecuting a criminal action under this chapter, the city attorney may take any one or more lawful steps—including, but not limited to, commencing one or more civil actions, or administrative proceedings, or both, in the manner the law provides, to:

a. Enforce this chapter’s provisions; and

b. Obtain one or more appropriate remedies available at law or in equity.

2. The prevailing party may recover attorney’s fees and costs in any judicial action, or administrative proceeding, or both, for the city’s exercising one or more remedies under this section.

E. Civil Enforcement by Private Citizen.

1. A person—acting on behalf of that person’s own interests, its members, or the general public— may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce any one or more provisions of this chapter. That person, a “private enforcer,” may file an action against another person if the following requirements are met:

a. The other person violated a provision of this chapter two or more times;

b. The private enforcer gave the other person written notice of each violation, within 30 days after its occurrence; and

c. The private enforcer files the lawsuit no earlier than 60 days after the date on which the private enforcer gave the other person the second written notice of the violation.

2. A private enforcer may bring a civil action solely on behalf of the general public, and that civil action:

a. Neither precludes nor bars the private enforcer from bringing a later civil action based upon the same facts but seeking relief on the private enforcer’s own behalf; and

b. May proceed in a court even when the private enforcer is legally or equitably barred from seeking relief on the private enforcer’s own behalf.

3. A private enforcer may seek any one or more of the following forms of relief. Upon proof of a violation, a court shall grant all appropriate relief, including:

a. Damages, in the amount of either:

i. Actual damages, upon proof of damages; or

ii. Statutory damages—in the amount of $250 for each violation of this chapter—upon no proof, or insufficient proof, of damages. Unless this chapter specifies otherwise:

(A) Each day of a continuing violation constitutes a separate violation.

(B) A private enforcer suing on the general public’s behalf cannot recover statutory damages for a violation of this chapter when a court has adjudicated a previous claim for the same violation—brought on the general public’s behalf and when statutory damages were sought—regardless of whether the private enforcer was a party to that adjudication.

b. Restitution to the appropriate party or parties of the gains that the defendant obtained in violation of this chapter.

c. Exemplary damages, when the private enforcer proves by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public health and safety.

d. An injunction or conditional judgment.

4. When a private enforcer brings an action under subsection E.1. of this section:

a. A court may award reasonable attorney’s fees and costs to a private enforcer who obtains relief under subsection E.3. of this section.

b. A court may award reasonable attorney’s fees and costs to a defendant, if the court finds that the private enforcer, or the private enforcer’s attorney, or both, filed a bad-faith action, a frivolous action, or an action for the sole purpose of harassing the defendant.

c. The same rules and standards under California Code of Civil Procedure Section 128.5 or 128.7 apply to the private enforcer’s action, when it is a limited or unlimited civil case.

d. Upon settlement or judgment of the action, the private enforcer shall give the city attorney written notice of that settlement or judgment and of the case’s outcome, within 30 days after the date on which:

i. The private enforcer and one or more defendants sign a written settlement agreement; or

ii. A judge enters a judgment or dismisses the case.

F. Cumulative Remedies, Penalties, or Procedures; Other Laws.

1. The remedies, penalties, or procedures that this chapter provides are cumulative to each other and to the remedies, penalties, or procedures available under all other laws.

2. Nothing in this chapter precludes a person from seeking any other remedy, penalty, or procedure that the law provides.

(Ord. 5628, § 20, 2008; Ord. 5686, § 21, 3-9-2010; Ord. 5780, § 9, 10-2-2012; Ord. 5796, § 2, 5-28-2013)

§ 8.52.230 Enforcement of Labor Code Section 6404.5.

A. Neighborhood services inspectors and Glendale police department officers may enforce the provisions of California Labor Code Section 6404.5, or any successor legislation, governing smoking in enclosed places of employment.

B. In performing the function of monitoring and enforcing compliance with the provisions of Labor Code Section 6404.5, neighborhood services supervisors and inspectors, who have successfully completed a course and a written examination, through California’s Commission on Peace Officer Standards and Training, on the laws and powers of arrest under California Penal Code Section 832, or any successor legislation, and whom the director of community development has authorized to engage in enforcement activity, have the power, authority, and immunity of a California peace officer to issue infraction citations for a violation of California Labor Code Section 6404.5. However, because these individuals are non-sworn personnel and are not peace officers, they shall not make custodial arrests, or carry or use a firearm within the scope and course of their employment, or both.

(Ord. 5628, § 22, 2008; Ord. 5686, § 22, 3-9-2010; Ord. 5780, § 10, 10-2-2012; Ord. 5798, § 4, 6-4-2013)

§ 8.52.240 Other applicable laws.

A. This chapter is in addition to any other prohibition or limitation on smoking under federal, state, or local law. The city council intends this chapter to supplement—and not to duplicate or contradict—other applicable law.

B. This chapter must not be construed or interpreted to permit smoking when another applicable law prohibits or restricts it. If another applicable law is more restrictive in regulating smoking, that law governs.

(Ord. 5628, § 23, 2008; Ord. 5686, § 23, 3-9-2010)