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.
“Transient lodging establishment”
means a bed and breakfast, hostel, hotel, motel or other, similar short term lodging establishment.
“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)