It is the intent of this chapter to provide individuals with
a reasonable degree of protection from involuntary exposure to tobacco
smoke by prohibiting smoking in certain specified areas. The compelling
purpose and intent of this chapter includes, but is not limited to,
generally promoting the health, safety, and welfare of all people
in the community against the health hazards and harmful effects of
the use of addictive tobacco products and the dangers of secondhand
smoke.
(Ord. 1010 § 1, 1987; Ord. 1129 § 1, 1993; Ord. 1466 § 1, 2013)
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
“Common area”
means every enclosed and every unenclosed area of a multi
unit residence where residents of more than one unit and/or their
guests are entitled to enter or use, including, but not limited to,
elevators, hallways, stairways, lobbies, lounges, recreation rooms,
exercise facilities, shared restrooms, shared cooking or eating facilities,
shared laundry rooms, community rooms, parking garages, swimming pools,
playgrounds, pathways, and courtyards.
“Employee”
means any person who is employed or retained as an independent
contractor by any employer.
“Employer”
means any person, partnership, corporation, association,
nonprofit, city or other entity who employs or retains the service
of one or more employees.
“Enclosed”
means any covered or partially covered space having more
than fifty percent of its perimeter area walled in or otherwise closed
to the outside (e.g., a covered porch with more than two walls); or
any space open to the sky having more than seventy-five percent of
its perimeter area walled in or otherwise closed to the outside (e.g.,
a courtyard).
“Enclosed common area”
means every enclosed area of a multi unit residence where
residents of more than one unit and/or their guests are entitled to
enter or use, including, but not limited to, elevators, hallways,
stairways, lobbies, lounges, recreation rooms, exercise facilities,
shared restrooms, shared cooking facilities, and shared laundry rooms.
“General public”
includes shoppers, customers, patrons, patients, students,
clients and other similar invitees of a for-profit or nonprofit entity.
“Lobby”
means the public common area of an establishment in which
the establishment’s guests and members of the public typically
congregate and in which registration and other related transactions
are conducted.
“Multi unit residence”
means any property with two or more units and has at least
one or more shared walls, floors, or ceilings. Additionally, a property
that has two or more units and has a shared ventilation system is
considered a multi unit residence. A multi unit residence does not
include the following:
(1)
A single-family residence with a detached in-law or secondary
dwelling unit;
(2)
A single, contiguous residence in which rent is shared by the
residents; and
(3)
A hotel or motel that meets the requirements of California Civil
Code Section 1940, subdivision (b)(2).
“Open to the public”
means available for use by or accessible to the general public
during the normal course of business conducted by either private or
public entities.
“Place of employment”
means any area under the legal or de facto control of an
employer that an employee may have cause to enter in the normal course
of operations, regardless of the hours of operation, including, for
example, vehicles used in employment or for business purposes, taxis,
public transit buses, ferries and trains, and warehouses. A private
residence is not a place of employment, unless it is used as a child
care or health care facility.
“Public place”
means any place, public or private, open to the general public
regardless of any fee or age requirement, including, but not limited
to, bars, restaurants, clubs, stores, stadiums, theaters, museums,
libraries, galleries, bowling alleys, parks, sidewalks, benches, playgrounds,
hospitals, health care facilities, gymnasiums, taxis, and buses.
“Smoke” or “smoking”
means and includes inhaling or exhaling upon, or burning
or carrying any lighted smoking equipment for tobacco, or any other
plant or product used for the personal habit commonly known as smoking,
and includes possessing a lighted pipe, lighted cigar, lighted hookah,
or lighted cigarette of any kind, or the lighting of a pipe, cigar,
hookah, or cigarette of any kind.
“Unenclosed”
means any area that is not an enclosed area as defined in
this chapter.
“Unit”
means an apartment, condominium, detached home, townhouse,
room in a single room occupancy facility, room in a homeless shelter,
mobilehome, camper vehicle, tent or other personal dwelling space,
even where lacking cooking facilities or private plumbing facilities.
(Ord. 1010 § 1, 1987; Ord. 1129 § 2, 1993; Ord. 1466 § 1, 2013; Ord. 1528 § 1, 2016; Ord. 1588 § 2, 2019)
(a) Enclosed Places. Smoking shall be prohibited in the following enclosed places within the city except as otherwise permitted in Section
8.50.040, and except in such places in which smoking is already prohibited by state or federal law, in which case those laws apply:
(1) Places of Employment. Smoking is prohibited in all enclosed places
of employment, as defined in this chapter and by California Labor
Code Section 6404.5, as may be amended.
(2) Units within Multi-Unit Residences. Smoking is prohibited in all
dwelling units contained within a multi-unit residence. Units within
multi-unit residences with existing leases are exempt from this prohibition
until the date the existing lease agreement expires, or six months
after the effective date of the ordinance codified in this section,
whichever is sooner.
(3) City Buildings. Smoking is prohibited in all enclosed areas of any
building or facility owned and occupied or leased and occupied by
the city.
(4) City-Owned Enclosed Parking Structures. Smoking is prohibited in
all city-owned enclosed parking structures.
(5) City Vehicles. Smoking is prohibited in all city-owned, leased and/or
controlled vehicles.
(b) Unenclosed
Places. Smoking shall be prohibited in the following unenclosed places
within the city except in such places in which smoking is already
prohibited by state or federal law, in which case those laws apply:
(1) Parks and Recreation Areas. Smoking is prohibited in all parks and
recreation areas within the city, designated as parks and recreation
(PR) on the South San Francisco Zoning Map.
(2) Outside of City Buildings. Smoking is prohibited within twenty feet
of a main exit, entrance or operable window of any facility covered
by subsection (a)(3).
(3) City-Owned Parking Lots. Smoking is prohibited at all city-owned
parking lots.
(4) Downtown Core. Smoking is prohibited on all outdoor property along
Grand Avenue between Spruce Avenue and Airport Boulevard. This prohibition
extends in both directions down Cypress, Linden, Maple and Walnut
Avenues where those streets intersect Grand Avenue, up to the beginning
of Third Lane and Fourth Lane, respectively. Such prohibition includes,
but is not limited to, sidewalks, benches, walkways, streets, and
outdoor eating areas that are situated within the area prohibited
by this subsection (b)(4).
(5) Designated Public Places. Smoking is prohibited in any open-air public
places on city-owned property not otherwise covered by this section
when designated by the city manager.
(c) Common
Areas. Smoking is prohibited in all common areas of multi-unit residences,
except for outdoor designated smoking areas which shall be located
more than thirty feet from an entrance/doorway and marked by conspicuous
signage, or designated interior smoking areas in an area that is fully
enclosed, separately ventilated, and not the only space available
for a particular activity or service.
(Ord. 1010 § 1, 1987; Ord. 1096 § 1, 1991; Ord. 1129 § 3, 1993; Ord. 1466 § 1, 2013; Ord. 1496 § 1, 2015; Ord. 1528 § 1, 2016)
(a) Unless
otherwise affirmatively protected by state or federal law, smoking
is permitted in the following places within the city:
(1) Hookah Bars/Smoking Lounges. Smoking is permitted in hookah bars/smoking lounges as defined by Chapter
20.620 of this code.
(2) Transient Lodging Establishments. Smoking is permitted in up to sixty-five
percent of transient lodging establishment guest rooms. Nothing in
this section shall prohibit transient lodging establishments from
choosing to be one hundred percent smoke-free.
(3) Designated Lobby Areas. Smoking is permitted in areas of the lobby
in a transient lodging establishment designated for smoking by the
establishment. An establishment may permit smoking in a designated
lobby area that does not exceed twenty-five percent of the total floor
area of the lobby or, if the total area of the lobby is two thousand
square feet or less, that does not exceed fifty percent of the total
floor area of the lobby, provided that the smoking area of the lobby
is not used primarily for the sale and service of food or beverages.
(4) Theatrical Performances. Smoking is permitted in theatrical performances
if smoking is an integral part of the story in the theatrical production.
(5) Medical Research or Treatment Sites. Smoking is permitted in medical
research or treatment sites if smoking is integral to the research
and treatment being conducted.
(6) Employee Break Rooms. Smoking is permitted in enclosed employee break
rooms designated by employers for smoking, provided that they meet
all of the following criteria: (A) air from the room is exhausted
directly to the outside by an exhaust fan; (B) the employer complies
with applicable state and federal ventilation standards; (C) the room
is located in a non work area; (D) the employer does not store or
maintain any item necessary or related to the performance of any employee’s
duties in the smoking break room such that non-smoking employees are
required to enter or pass through the room in order to access said
items; and (E) there are sufficient non-smoking break rooms to accommodate
non-smokers.
(Ord. 1010 § 1, 1987; Ord. 1129 § 4, 1993; Ord. 1466 § 1, 2013; Ord. 1588 § 2, 2019)
Posting of signs shall be the responsibility of the owner, operator,
manager or other person having control of the place where smoking
is prohibited by this chapter.
Except in facilities owned or leased by county, state, or federal
governmental entities, “No Smoking” signs with letters
of not less than one inch in height or the international “No
Smoking” symbol (consisting of a pictorial representation of
a burning cigarette enclosed in a red circle with a red bar across
it) shall be clearly, sufficiently and conspicuously posted in every
room, building or other place where smoking is regulated by this chapter,
including, but not limited to, all entrances, all restrooms, all elevators,
and at least one conspicuous place within an unenclosed area where
smoking is prohibited. Signs of equivalent size and character reading
“Smoking Permitted” may be posted where legally applicable.
Alternative means of notification (individual place cards, film clips,
etc.) may be employed, provided they are equivalent to the aforementioned
signs in their effect. The requirement to post signs pursuant to this
section shall not apply to inside the units of multi-unit residences.
Any owner, manager, operator, employer or employee or other person
having control of a place where smoking is prohibited by this chapter
shall not be deemed to be in violation of this chapter if signs have
been posted in a manner consistent with the requirements of this section.
For purposes of this chapter, the city manager or designee shall be
responsible for the posting of signs in regulated facilities owned
or leased in part by the city. Notwithstanding this provision, the
presence or absence of signs shall not be a defense to the violation
of any other provision of this chapter.
(Ord. 1010 § 1, 1987; Ord. 1466 § 1, 2013; Ord. 1528 § 1, 2016)
(a) It
is unlawful for any person to smoke in a place within the city where
smoking is prohibited by this chapter.
(b) It
is unlawful for any person who owns, manages or otherwise controls
the use of any premises subject to the prohibition of this chapter
to fail to post signs as required by this chapter.
(c) No
person, owner, manager, operator or employer of any establishment
controlled by this chapter shall knowingly permit smoking in an area
which is under the legal or de facto control of that person, owner,
manager, operator or employer and in which smoking is prohibited by
this chapter, unless otherwise required by state or federal law.
(Ord. 1010 § 1, 1987; Ord. 1466 § 1, 2013)
No person shall discharge, refuse to hire, or in any manner
discriminate against any employee or applicant for employment because
such employee or applicant exercises any rights afforded by this chapter.
(Ord. 1010 § 1, 1987; Ord. 1466 § 1, 2013)
(a) Any
owner, manager, operator, employer or employee of any establishment
regulated by this chapter shall have the right to inform persons violating
this chapter of the appropriate provisions thereof.
(b) Any
violation of this chapter shall be and is hereby declared to be a
public nuisance, and may be abated as such through appropriate civil
proceedings brought by the city.
(c) Any
person violating any of the provisions of this chapter not superseded
by state or federal law shall be guilty of an infraction. Upon conviction
of an infraction, a person shall be subject to payment of a fine,
not to exceed the limits set forth in California
Government Code Section
36900.
(d) Any
violation of this chapter that is also a violation of state law may
be subject to an enforcement action by the city as authorized by state
law.
(e) No
person shall intimidate, harass, or otherwise retaliate against any
person who seeks to attain compliance with this chapter. Moreover,
no person shall intentionally or recklessly expose another person
to secondhand smoke in response to that person’s effort to achieve
compliance with this chapter. Violation of this subsection shall constitute
a misdemeanor.
(Ord. 1010 § 1, 1987; Ord. 1466 § 1, 2013; Ord. 1567 § 2, 2018)
(a) Purpose
and Intent. It is the intent of this section to provide individuals
with a reasonable degree of protection from involuntary exposure to
secondhand electronic smoking device vapor and to limit exposure of
minors to an activity that may increase social acceptance of smoking
activity by prohibiting smoking in certain specified areas. The compelling
purpose and intent of this chapter includes, but is not limited to,
generally promoting the health, safety, and welfare of all people
in the community against the unknown health and societal effects of
the use of electronic smoking devices.
(b) Definition—Electronic
Smoking Device. “Electronic smoking device” means any
electronic device or product that delivers nicotine or other substances
to the person inhaling from the device, including, but not limited
to, an electronic cigarette, electronic cigar, electronic pipe, or
electronic hookah. This term includes every variation and type of
such electronic smoking devices whether they are manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar,
an electronic cigarillo, an electronic pipe, an electronic hookah,
a vapor pen, or any other product name or descriptor. This term does
not include any product that has been approved by the United States
Food and Drug Administration for sale as a tobacco cessation product
or for other therapeutic purposes where such product is marketed and
sold solely for such an approved purpose, such as any medical inhaler
prescribed by a licensed doctor.
(c) Use
of Electronic Smoking Devices Prohibited. The use of electronic smoking
devices is prohibited in the following places within the city:
(1) City Buildings. The use of electronic smoking devices is prohibited
in all enclosed areas of any building or facility owned and occupied
or leased and occupied by the city.
(2) City-Owned Parking Structures. The use of electronic smoking devices
is prohibited in all city-owned parking structures.
(3) City Vehicles. The use of electronic smoking devices is prohibited
in all city-owned, leased and/or controlled vehicles.
(4) Parks and Recreation Areas. The use of electronic smoking devices
is prohibited in all parks and recreation areas within the city, designated
as parks and recreation (PR) on the South San Francisco Zoning Map.
(5) Outside of City Buildings. The use of electronic smoking devices
is prohibited within twenty feet of a main exit, entrance or operable
window of any city facility or building covered by subsection (c)(1).
(6) City-Owned Parking Lots. The use of electronic smoking devices is
prohibited at all city-owned parking lots.
(7) Downtown Core. The use of electronic smoking devices is prohibited
on all outdoor property along Grand Avenue between Spruce Avenue and
Airport Boulevard. This prohibition extends in both directions down
Cypress, Linden, Maple and Walnut Avenues where those streets intersect
Grand Avenue, up to the beginning of Third Lane and Fourth Lane, respectively.
Such prohibition includes, but is not limited to, sidewalks, benches,
walkways, streets, and outdoor eating areas that are situated within
the area prohibited by this subsection (c)(7).
(8) Designated Public Places. The use of electronic smoking devices is
prohibited in any open-air public places on city-owned property not
otherwise covered by this section when designated by the city manager.
(9) Units within Multi-Unit Residences. Use of electronic smoking devices
is prohibited in all dwelling units contained within a multi-unit
residence. Units within multi-unit residences with existing leases
are exempt from this prohibition until the date the existing lease
agreement expires, or six months after the effective date of the ordinance
codified in this section, whichever is sooner.
(10) Common Areas. The use of electronic smoking devices is prohibited
in all common areas of multiunit residences, except for outdoor designated
smoking areas which shall be located more than thirty feet from an
entrance/doorway and marked by conspicuous signage, or designated
interior smoking areas in an area that is fully enclosed, separately
ventilated, and not the only space available for a particular activity
or service.
(d) Unlawful
Acts. It is unlawful for any person to use an electronic smoking device
in a place within the city where such use is prohibited by this section.
(e) Violations. Any violation of this section shall be subject to the same penalties and enforcement as provided in Section
8.50.080.
(Ord. 1486 § 1, 2014; Ord. 1496 § 1, 2015; Ord. 1528 § 1, 2016; Ord. 1588 § 2, 2019)