The city council of the city of Hanford finds and declares as follows:
A. 
The U.S. Surgeon General has concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smoke free policies and laws do not have an adverse economic impact on the hospitality industry.
B. 
Even occasional exposure to secondhand smoke is harmful, and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke.
C. 
Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. The Americans with Disabilities Act, which requires that disabled persons have access to public places and workplaces, classifies impaired respiratory function as a disability.
D. 
Unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or "e-cigarettes," closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of electronic cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. Electronic cigarettes produce an aerosol or vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The World Health Organization (WHO) recommends that electronic smoking devices not be used indoors, especially in smoke free environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smoke free laws.
E. 
The smoking of tobacco, cannabis, and the use of electronic cigarettes are forms of air pollution and are a danger to health as well as a material public nuisance.
(Ord. 19-11 § 1, 2019)
The purpose of this chapter is to:
A. 
Protect the public health, safety and general welfare by prohibiting smoking and use of electronic smoking devices in multi-unit housing, public parks, public places, service locations, city pool cars, child day care facilities, and unenclosed eating establishments.
B. 
Ensure a cleaner and more hygienic environment within the city, reduce litter, and protect the city's natural resources.
C. 
Enhance the welfare of residents, workers, and visitors by reducing exposure to secondhand smoke, which studies confirm can cause negative health effects in non-smokers.
D. 
Balance the needs of persons who smoke with the needs of nonsmokers, including children and youth, to be free from the discomforts and health threats created by exposure to secondhand smoke and vapor.
(Ord. 19-11 § 1, 2019)
This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by federal or state law to the extent that application of this chapter would directly conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the city council that this chapter be interpreted to be compatible and consistent with federal, state, and city enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this chapter will supersede any other provisions of this code found to be in conflict.
(Ord. 19-11 § 1, 2019)
For the purposes of this chapter, these words and phrases shall be defined as follows:
"Apartment building"
means any residential dwelling other than a single-family home, duplex or accessory dwelling unit.
"Bar"
means an establishment that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which food may or may not be served. Also includes, but not limited to, taverns, nightclubs, cocktail lounges, brew pubs, and cabarets.
"Business"
means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
"Cigar bar/lounge"
means a business that exclusively caters to patrons who smoke cigars.
"City"
means the city of Hanford.
"Common area"
means any portion of an apartment building which all tenants of the apartment building are entitled to use.
"Electronic smoking device"
means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
"Employee"
means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity.
"Employer"
means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. For the purposes of this chapter, employer shall not mean any self-employed individual with no other employees.
"Enclosed area"
means all space between a floor and a ceiling that is bounded on at least two sides by closed walls, doorways, or windows.
"Health care facility"
means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
"Hookah"
means a water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material, including, but not limited to, tobacco, shisha, or other plant matter.
"Medical cannabis"
means cannabis used for medical purposes in accordance with the Compassionate Use Act and the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
"Non-medical cannabis"
means cannabis that is intended to be used for non-medical purposes pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
"Outdoor"
means any place that is not an enclosed area.
"Person"
means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind, except the city or any other public agency.
"Place of employment"
means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or residential care facility.
"Playground"
means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, public park or on city grounds.
"Private club"
means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
"Public event"
means any indoor or outdoor event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers' markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement.
"Public place"
means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gambling facilities, health care facilities, hotels and motels, laundromats, parking structures, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping centers, sports facilities, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a licensed child care, adult day care, or residential care facility.
"Recreational area"
means any outdoor public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including, but not limited to, athletic fields, gardens, parks, plazas, skate parks, swimming pools, nature preserves, and trails.
"Residential care facility"
means a single dwelling or multi-unit facility licensed or supervised by a federal, state, or local health/welfare agency that provides 24 hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision; assistance essential for sustaining the activities of daily living; for the protection of the individual in a family-like environment; including halfway houses and social rehabilitation places.
"Restaurant"
means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant.
"Schools"
means all public school facilities and any school or educational institution operated by a commercial enterprise or nonprofit entity for the purpose of providing academic classroom instruction; trade, craft, computer or other technical training; or instruction in dancing, artistic, musical or other cultural skills.
"Service line"
means an indoor or outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
"Shopping center"
means an enclosed or unenclosed public walkway or hall area that serves to connect retail or professional establishments.
"Smoking"
means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and cannabis, whether natural or synthetic, in any manner or in any form. Smoking also means the use or vaping of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter.
"Sports arena"
means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.
"Vaping"
means the smoking of any electronic smoking device.
"Youth sports event"
means any practice, game, or related activity, organized by any entity, at which athletes up to 18 years of age are present.
(Ord. 19-11 § 1, 2019)
Smoking is prohibited in all enclosed areas, including buildings and vehicles owned, leased, or controlled by the city. Smoking is also prohibited on outdoor property adjacent to such buildings and under the control of city in accordance with Section 8.16.080, except areas that have been designated as an employee smoking area.
(Ord. 19-11 § 1, 2019)
Smoking is prohibited in all enclosed public places within the city, including but not limited to, the following places:
A. 
Galleries, libraries, and museums.
B. 
Areas available to the general public in businesses and non-profit entities patronized by the public, including, but not limited to, banks, churches, laundromats, professional offices, and retail service establishments.
C. 
Banks, including savings and loan associations, credit unions, and other similar institutions which offer financial services to members of the general public.
D. 
Bars.
E. 
Bingo facilities.
F. 
Child care and adult day care facilities.
G. 
Convention and meeting facilities.
H. 
Educational facilities, both public and private.
I. 
Elevators.
J. 
Gambling facilities.
K. 
Health care facilities.
L. 
Hotels and motels.
M. 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and residential care facilities.
N. 
Parking structures.
O. 
Private residences that operate as a licensed child day care home.
P. 
Private residences that operate as an adult day care or residential care facility, but only during the times when such residences are in operation.
Q. 
Polling places.
R. 
Public transportation vehicles, including buses and taxicabs.
S. 
Recreational halls.
T. 
Restaurants.
U. 
Restrooms, lobbies, reception areas, hallways, and other common-use areas.
V. 
Retail stores.
W. 
Rooms, chambers, places of meeting or public assembly, under the control of an agency, board, commission, committee or council of the city or a political subdivision of the state.
X. 
Schools, including public school facilities that have been authorized by school district management to be used by members of the general public.
Y. 
Service lines.
Z. 
Shopping centers.
AA. 
Sports arenas, including enclosed places in outdoor arenas.
BB. 
Terminals utilized by members of the general public for the purpose of being transported upon or departing from trains, buses, taxis, or any other form of public transportation.
CC. 
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(Ord. 19-11 § 1, 2019)
A. 
Smoking shall be prohibited in all enclosed areas of places of employment and in all outdoor places of employment, where two or more employees are required to be at any point in the course of their employment.
1. 
This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairways, restrooms, vehicles, and all other enclosed facilities.
B. 
Each commercial enterprise, nonprofit entity, and the city, shall comply with these smoking prohibitions and shall be responsible for their implementation in the workplace.
(Ord. 19-11 § 1, 2019)
A. 
Smoking shall be prohibited in the following outdoor places: In an area within 20 feet of entrances, exits, operable windows, and ventilation systems of a public building. Within a distance of 20 feet of a main entrance, exit, operable windows or ventilation system of an enclosed area where smoking is prohibited.
B. 
In, and within 20 feet of, outdoor seating or serving areas of restaurants and bars.
C. 
In outdoor shopping centers.
D. 
In, and within 20 feet of, all outdoor arenas, stadiums, amphitheaters, bleachers and grandstands for use by spectators at sporting and other public events.
E. 
In, and within 250 feet of, a youth sports event.
F. 
In, and within 25 feet of, all outdoor recreational areas.
G. 
In, and within 25 feet of, all outdoor playgrounds and tot lot sandbox areas.
H. 
In, and within 20 feet of, all outdoor public events.
I. 
In, and within 20 feet of, all outdoor city public transportation stations, platforms, and shelters.
J. 
In, and within all public parks.
K. 
In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles within 20 feet of the point of service.
L. 
In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, except in designated smoking areas, not to exceed 25% of the total outdoor common area, which must be located at least 20 feet from entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. A designated smoking area may not be within 20 feet of an adjacent property line.
(Ord. 19-11 § 1, 2019)
A. 
Smoking non-medical cannabis is prohibited in all public places and where smoking is prohibited by this chapter.
B. 
Unless otherwise permitted by state or federal law, smoking medical cannabis is prohibited in all public places and where smoking is prohibited by this chapter.
(Ord. 19-11 § 1, 2019)
Smoking is prohibited in all outdoor and enclosed common areas of apartment buildings that are not designated as smoking areas.
(Ord. 19-11 § 1, 2019)
The owner, operator, manager, or other person in control of a place of employment, public place, private club, or residential facility where smoking is prohibited by this chapter shall:
A. 
Clearly and conspicuously post "No Smoking" signs 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) in that place.
B. 
Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited or, in the case of outdoor places, clearly and conspicuously post "No Smoking" signs in appropriate locations as determined by the city manager or an authorized designee.
(Ord. 19-11 § 1, 2019)
A. 
A person who smokes in an area where smoking is prohibited by this chapter shall be deemed to have created a nuisance and shall be guilty of an infraction, punishable by:
1. 
An administrative or criminal fine not to exceed $50 for a first violation.
2. 
An administrative or criminal fine not to exceed $100 for a second violation within one year of first violation.
3. 
An administrative or criminal fine not to exceed $150 for a third violation and for each additional violation, within one year of first violation.
B. 
Except as otherwise provided in Section 8.16.130, a person who owns, manages, operates, or otherwise controls a public place or place of employment, and who fails to comply with the provisions of this chapter shall be deemed to have created a nuisance and shall be guilty of an infraction, punishable by:
1. 
An administrative or criminal fine not to exceed $100 for a first violation.
2. 
An administrative or criminal fine not to exceed $200 for a second violation within one year of first violation.
3. 
An administrative or criminal fine not to exceed $500 for a third violation and for each additional violation, within one year of first violation.
C. 
In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
D. 
Violation of this chapter is hereby declared to be a public nuisance, which may be abated by the city by such means as provided for by law, and the city may take action to recover the costs of the nuisance abatement, including without limitation the city's legal fees.
E. 
Each day on which a violation of this chapter occurs, shall be considered a separate and distinct violation.
F. 
Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the fine.
G. 
To the extent the enforcement provisions set forth in Chapter 17.94 of the municipal code, as may be amended, do not conflict with the terms of this chapter, such enforcement provisions shall apply to this chapter.
(Ord. 19-11 § 1, 2019)
A. 
This chapter shall be enforced by the chief of police, or the chief of police's designee.
B. 
Any resident who desires to register a complaint hereunder, may do so with the chief of police, or the chief of police's designee.
C. 
Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city of Hanford or its agents to compel enforcement of this chapter.
(Ord. 19-11 § 1, 2019)
Unless otherwise prohibited by law, the following types of businesses and clubs are exempt from Section 8.16.060 of this chapter:
A. 
Private clubs.
B. 
Cigar bars/lounges.
(Ord. 19-11 § 1, 2019)
If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.
(Ord. 19-11 § 1, 2019)