Note: Prior ordinance history: Ords. 1414, 1542, 1552, 1871 and 2030.
This chapter is adopted pursuant to the city's police powers, Government Code Section 7597(b), and Health and Safety Code Section 104495(h) for the purpose of prohibiting smoking in publicly accessible areas in order to protect public health and safety. Nothing contained in this chapter is intended, nor should it be construed, to conflict or parallel California law. Rather, this chapter adopts regulations that are more restrictive than applicable law.
(Ord. 2091 § 2, 2012)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
"Cannabis"
has the same meaning as defined in Health and Safety Code Section 11018.
"Cannabis product"
means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, without limitation, concentrated cannabis.
"City manager"
means the city manager or designee.
"Common area"
means an indoor or outdoor area at any one or more of the following places:
(1) 
A publicly accessible restroom;
(2) 
A publicly accessible elevator, escalator, or stairway;
(3) 
A publicly accessible courtyard, plaza, lobby, atrium, or patio;
(4) 
A publicly enclosed walkway, corridor, or hallway;
(5) 
A publicly accessible seating, waiting, or reception area;
(6) 
A publicly accessible parking structure.
"Electronic cigarette"
has the same meaning as set forth in Health and Safety Code Section 119405 and similar devices intended to emulate smoking, which permit a person to inhale vapors or mists that may or may not include nicotine.
"Outdoor dining area"
means an unenclosed 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.
"Playground,"
for purposes of California Health and Safety Code Section 104495, means twenty-five feet from the edge of a sand area within a city park or recreational area specifically designed to be used by children and that has play equipment installed in it.
"Public building"
has the same definition as set forth in Government Code Section 7596.
"Public park"
means all city-owned or city-leased property designated as a city park.
"Public place"
means any unenclosed area to which the public is invited or in which the public is permitted, including, without limitation, banks, educational facilities, health facilities, public transportation facilities, reception areas, lobbies, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, waiting rooms, offices, auditoriums, classrooms, conference and meeting rooms. A private residence is not a public place nor are areas intended only for employees such as service entrances.
"Responsible person"
means any person owning, leasing, occupying or having charge or possession of real property affected by this chapter.
"Smoke or smoking"
means: (1) carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind; and (2) operating or using an electronic cigarette. "Smoke" includes, without limitation, use of cannabis or a cannabis product in any pipe, cigar, cigarette, or electronic cigarette of any kind.
(Ord. 2091 § 2, 2012; Ord. 2092 § 1, 2012; Ord. 2112 § 2, 2014; Ord. 2188 § 1, 2020)
(a) 
Except as otherwise provided, it is unlawful for any person at any time to smoke in any of the following public places where signs are posted in accordance with this code:
(1) 
Public buildings owned or operated by the city of Monterey Park;
(2) 
Public parks;
(3) 
Common areas; and
(4) 
Outdoor dining areas.
(b) 
It is unlawful for any person at any time to smoke in any of the following places where signs are posted in accordance with this code:
(1) 
Within twenty feet of any public building owned or operated by the city of Monterey Park;
(2) 
Within twenty feet of any public park;
(3) 
Within twenty feet of any common area;
(4) 
Within twenty feet of any outdoor dining area; and
(5) 
Within twenty-five feet of any playground or tot-lot sandbox area, pursuant to Health and Safety Code Section 104495.
(c) 
Failure of a responsible person to post signs as required by this chapter is unlawful.
(Ord. 2091 § 2, 2012; Ord. 2092 § 2, 2012)
(a) 
Notwithstanding any other provision of this chapter, a responsible person may designate a smoking area in which persons may smoke without violating this chapter.
(b) 
A smoking area must conform with the following:
(1) 
It may only be located within a common area;
(2) 
It must be located beyond the twenty-foot prohibitions on smoking set forth in Section 6.20.030(b), except Section 6.20.030(b)(3);
(3) 
It must be clearly posted with conspicuous signs stating "SMOKING AREA," containing all capital lettering not less than one inch in height on a contrasting background;
(4) 
It must clearly be posted with at least one sign containing the warning(s) required by the Safe Drinking Water and Toxic Enforcement Act of 1986 (Health and Safety Code Section 25249.5 et seq.) and the regulations promulgated thereto (collectively, "Proposition 65"); and
(5) 
It must be approved by the community development director, or designee, in accordance with Chapter 21.66 of this code except that the use permit may be granted for an indefinite period of time, but shall expire when the business use of the property ceases or changes.
(c) 
A responsible person failing to comply with this section is guilty of an infraction.
(Ord. 2092 § 3, 2012)
(a) 
Except where other signs are required, whenever in this code smoking is prohibited, conspicuous signs must be posted so stating, containing all capital lettering not less than one inch in height on a contrasting background.
(b) 
For public buildings and public parks, it is the city manager's duty to post such signs or to cause such signs to be posted.
(c) 
Every responsible person subject to this chapter must post the signs required by this chapter within thirty days of this chapter becoming effective.
(Ord. 2091 § 2, 2012)
(a) 
In addition to the remedies set forth in this chapter, violations of this code may be enforced as follows:
(1) 
Prosecution as infractions;
(2) 
Abated as a public nuisances;
(3) 
Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the tobacco retailer operates.
(b) 
Any person acting for the interests of him or herself, itself, its members, or the general public may bring an action for injunctive relief to prevent future violations or to recover actual damages.
(c) 
The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.
(Ord. 2091 § 2, 2012; Ord. 2092 § 4, 2012)
(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. 2091 § 2, 2012)