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)