The City Council has determined that there is ample evidence
that smoking in any form (including vaping), and the resultant secondhand
smoke (or vapor), poses a serious hazard to the health of members
of the general public and City employees and can have a deleterious
effect on the health and welfare of those in the vicinity of smoking
activity. Secondhand smoke has been deemed a Class A Carcinogen which
produces substances considered hazardous and dangerous to individuals'
health. In order to serve the public health, safety and welfare the
City Council has determined that it is necessary and desirable to
establish regulations that prohibit smoking (including vaping) in
certain places designated in this chapter.
(20-08, 10-08)
For purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them below:
means any establishment where alcoholic beverages and/or
other drinks, including, but not limited to, juice, coffee, teas,
or soda are sold to the public for on-site consumption, including
for consumption on an outdoor patio or parklet.
means any park or other site designated by the City of Claremont
for any recreational purpose which is owned, managed or controlled
by the City, and includes the entire site of the public park, including,
without limitation, all structures thereon, any parking lots, and
any public sidewalk adjacent to the park site.
means a public square or area designed as a gathering place
for the public and designated by the City of Claremont as a public
plaza and which is owned, managed or controlled by the City.
means any establishment where food, including meals, appetizers,
desserts, or snacks, is sold to the public for on-site consumption,
including for consumption on an outdoor patio or parklet.
or "smoking" means: (1) inhaling, exhaling, burning, or vaporizing
of any tobacco, nicotine, marijuana, or plant product, whether natural
or synthetic, or other similar combustible material; or (2) carrying
any lighted, heated, or activated form of tobacco, nicotine, marijuana,
or plant product, whether natural or synthetic, or other similar combustible
material, intended for inhalation; or (3) using any cigar, cigarette,
pipe, electronic cigarette, vape pen, or other device intended for
the burning or vaporizing of tobacco, nicotine, marijuana, or plant
product, whether natural or synthetic, or other similar combustible
material.
(20-08, 10-08)
Smoking is hereby prohibited in all of the following locations
within the City limits of the City of Claremont:
A.
Public
parks.
B.
Public
plazas.
C.
Restaurants
(including outdoor patios and parklets of restaurants).
D.
Bars
and drinking establishments (including outdoor patios and parklets
of bars and drinking establishments).
E.
Within
20 feet of any restaurant, bar, or drinking establishment, including
within 20 feet of the outdoor patio or parklet of any restaurant,
bar, or drinking establishment.
(20-08, 10-08)
Signs stating that smoking is prohibited shall be clearly, sufficiently
and conspicuously posted in all of the areas where smoking is prohibited
under this chapter. Every owner, operator, manager, or other persons
having control of a property where smoking is prohibited under this
chapter shall conspicuously post signs on site using a City-provided
"No Smoking" sign template with capital letters not less than one
inch in height and the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it) on a contrasting background.
City staff may use discretion to approve operators' requests for minor
modifications to the appearance of the City-provided "No Smoking"
sign on a case-by-case basis. Whether on public or private property,
"No Smoking" signs must include a reference to "Claremont Municipal
Code § 8.18.030" or "CMC § 8.18.030."
(20-08, 10-08)
No person shall dispose of any cigarette, cigar, electronic
cigarette, or tobacco, or any part of a cigarette, cigar, or electronic
cigarette except in a designated waste disposal container.
(20-08)
Violations of this chapter shall be an infraction. This chapter shall be enforceable by any City employee granted authority to issue written administrative citations pursuant to Claremont Municipal Code Chapters 1.12 and 1.14. Pursuant to California Government Code Sections 36900 and 53069.4, the amount of the fine for a violation of any provision of this chapter shall be as follows:
A.
$100.00
for the first violation;
B.
$200.00
for a second violation committed within one year of the first violation;
and
(20-08, 10-08)
