Note: Prior ordinance history: Ord. 181.
California state law prohibits smoking of tobacco products in all enclosed places of employment and various other locations in California. The purpose of this chapter is to supplement state law by prohibiting smoking and electronic cigarette use in unenclosed places of employment and unenclosed places open to the public. The city council finds that prohibiting smoking and electronic cigarette use in certain areas, as set forth in this chapter, is necessary to protect the public health, safety and general welfare and to ensure a cleaner and more hygienic environment for the city, its residents, and its visitors.
(Ord. 414 § 1, 2013; Ord. 444 § 2, 2015)
"City"
means the city of La Cañada Flintridge.
"City council"
means the city council of the city.
"Common area at a shopping center"
means any indoor or outdoor common area of a shopping center accessible to and usable by the occupants or customers of more than one retail establishment including, but not limited to, a hall, lobby, outdoor eating area, play area, gathering area with either seats or benches provided, or gathering areas having a water feature such as a fountain, and parking lots.
"Electronic cigarette"
means any electronic or battery operated device, which can be used to inhale liquid nicotine, e-liquid, or a similar substance and may resemble smoking.
"E-liquid"
means a solution that is generally used to be atomized into vapor through use of an electronic cigarette.
"Enclosed"
means any area enclosed by a roof and walls with appropriate openings for ingress and egress.
"Nicotine"
means a toxic colorless or yellowish oily liquid that is the chief active constituent of tobacco.
"Outdoor dining area"
means any unenclosed area located on private or public property that is made available to, or customarily used by, the general public and that is designed, established, or regularly used for consuming food and/or beverages or where food and/or beverages are served, whether or not for compensation.
"Place of employment"
means every place that trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit.
"Private electronic cigarette lounge"
means any enclosed area in or attached to a retail electronic cigarette shop that is dedicated to the use of electronic cigarette products.
"Public event"
means an activity, ceremony, event, fair, farmer's market, function, gathering, meeting, pageant, or program—whether athletic, civic, cultural, charitable, community, entertainment, intellectual, recreational, or social—that: (1) is open to the general public whether or not a ticket or an admission fee is required; (2) takes place outside of an enclosed structure or building; (3) is sponsored, hosted, organized, or operated by a person, employer, business, nonprofit entity, or the city; and (4) is located at a fixed location.
"Recreational trail"
means any trail identified in the city's Trails Master Plan, as adopted by the city council and as amended from time to time.
"Retail or wholesale electronic cigarette shop"
means any business establishment the main purpose of which is the sale of electronic cigarette products.
"Shopping center"
means any parcel(s) of land zoned and used for retail sales by more than one retailer that is jointly operated or which includes shared parking facilities.
"Smoke" or "smoking"
means to possess or use a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including, but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including, but not limited to, a pipe, a hookah pipe, cigar, or cigarette of any kind), or any electronic cigarette device containing liquid nicotine, e-liquid, or other similar substance.
"Smoking outpost"
means a nonenclosed area, location, place, or site where smoking is permitted subject to the requirements of Section 4.60.060.
"Tobacco product"
means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.
"Vaping" or "vapor"
means the use of any electronic cigarette device by inhaling and exhaling electronic cigarette device substances (including, but not limited to, liquid nicotine, or e-liquid.)
(Ord. 414 § 1, 2013; Ord. 444 § 3, 2015)
It is unlawful for any person to smoke in the following places:
A. 
At, or within 20 feet of an entrance to, any park, any recreation facility, or any enclosed or unenclosed city owned or controlled property including, but not limited to, City Hall, city yards and facilities; or
B. 
In, or within 20 feet of, an outdoor dining area, except while actively passing by on the way to another destination; or
C. 
At, or within 20 feet of, a public event, except within a smoking outpost that satisfies the criteria of Section 4.60.060; or
D. 
In, or within 20 feet of, a common area at a shopping center, except within a smoking outpost that satisfies the criteria of Section 4.60.060; or
E. 
On a recreational trail.
(Ord. 414 § 1, 2013)
Smoking is permitted in any of the following areas:
A. 
Any outdoor area not listed above in Section 4.60.030, unless otherwise prohibited by state law; and
B. 
In up to 20% of guest rooms in any hotel or motel, if the hotel or motel permanently designates at least 80% of its guest rooms as nonsmoking rooms, appropriately signs nonsmoking rooms and permanently removes ashtrays and matches from them. Smoking rooms shall be segregated from nonsmoking rooms on separate floors, wings, or portions of either; smoking and nonsmoking rooms shall not be interspersed. Nothing in this chapter shall require a hotel or motel to provide smoking rooms and the owner or operator of a hotel or motel to provide smoking rooms and the owner or operator of a hotel or motel may choose to prohibit smoking throughout the property.
(Ord. 414 § 1, 2013)
It is unlawful for any person to dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this chapter, except in a designated waste disposal container.
(Ord. 414 § 1, 2013)
Where smoking is permitted in a smoking outpost pursuant to Section 4.60.030, the smoking outpost must satisfy the following requirements:
A. 
It must be located the greatest distance practicable, but at least 20 feet away, from an opening, or an entrance or exit, to an enclosed area; and
B. 
It must measure 50 square feet or less in total area; and
C. 
It must not be combined or merged with another on-site smoking outpost; and
D. 
It must not be located within 20 feet of any place where food or beverage is being prepared or sold; and
E. 
It must have a clearly marked perimeter; and
F. 
It must not be located within 200 feet of another designated smoking outpost; and
G. 
It must be identified by one or more conspicuously posted signs; and
H. 
It must have at least one smoker's waste receptacle.
(Ord. 414 § 1, 2013)
For all purposes within the jurisdiction of the city, nonconsensual exposure to secondhand smoke in violation of this chapter is a nuisance, and the uninvited presence of secondhand smoke on property in violation of this chapter is a nuisance and a trespass.
(Ord. 414 § 1, 2013)
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 414 § 1, 2013)
A. 
All the prohibitions or laws set forth in Section 4.60.030 through 4.60.080, inclusive, apply the same for the use of electronic cigarettes.
B. 
The following are additional prohibitions for the use of electronic cigarettes:
1. 
Vaping and/or the use of electronic cigarettes are prohibited in any enclosed place of employment and any form of public transportation with the following exceptions:
a. 
Retail or wholesale electronic cigarette shops.
b. 
Private electronic cigarette lounges.
c. 
Any area stated to not be included as a "place of employment" in California Labor Code 6404.5.
(Ord. 414 § 1, 2013; Ord. 444 § 4, 2015)
Any violation of this chapter shall be punishable as an infraction, subject to the fines and related penalties of Section 1.04.010(B) of this code, or as an administrative citation, subject to the fines set forth in Chapter 1.07 of this code.
(Ord. 414 § 1, 2013; Ord. 444 § 6, 2015)