Note: Prior ordinance history: Ord. No. 5065.
Because smoking of tobacco, or any other weed or plant, is a
danger to health and a cause of material annoyance, inconvenience,
discomfort and a health hazard to those who are present in unenclosed
areas as well as confined places, in order to serve public health,
safety and welfare, the declared purpose of this article is to prohibit
the smoking of tobacco, or any other weed or plant in unenclosed dining
areas.
(Ord. CS-188 § II, 2012)
as defined in this chapter means an area enclosed by a roof
and walls with appropriate openings for ingress and egress.
as defined in this chapter means any place, publicly or privately
owned, which is open to the general public regardless of any fee or
age requirement.
as defined in this chapter shall mean a distance of 20 feet
in any direction from an area in which smoking is prohibited.
as defined in this chapter shall mean and includes (1) the
carrying of a lighted pipe, or lighted cigar, or lighted cigarette
of any kind, or the lighting of a pipe, cigar or cigarette of any
kind; or (2) the use of an electronic cigarette as defined in California
Health and Safety Code Section 119405 ("e-cigarette") or a similar
device intended to emulate smoking, which permits a person to inhale
vapors or mists that may or may not include nicotine.
as defined in this chapter shall mean any dining area, which
is not an enclosed dining area, including streets and sidewalks, which
is available to or customarily used by the general public, an employee,
or any invitee, and which is designed, established, or regularly used
for consuming food or drink.
(Ord. CS-188 § II, 2012; Ord. CS-237 § 1, 2013)
Smoking is prohibited in unenclosed dining areas within the
City of Carlsbad, except places where smoking is already prohibited
by state or federal law, in which case those laws apply.
(Ord. CS-188 § II, 2012)
Smoking shall be prohibited within a reasonable distance, as
defined in this chapter, from any unenclosed dining area.
(Ord. CS-188 § II, 2012)
Nothing in this chapter prohibits any person, corporation or
any other legal entity, or employer, with legal control over any property
from prohibiting smoking on any part of such property, even if smoking
is not otherwise prohibited in that area by law.
(Ord. CS-188 § II, 2012)
Any person, corporation or any other legal entity, or employer
that has legal or de facto control of an unenclosed dining area in
which smoking is prohibited by this chapter shall post a clear, conspicuous
and unambiguous "No Smoking" or "Smoke-free" sign at each point of
ingress to the area, and in at least one other conspicuous point within
the area. The signs shall have letters of no less than one inch in
height and shall include 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). Notwithstanding this provision,
the presence or absence of signs shall not be a defense to a charge
of smoking in violation of any other provision of this chapter.
(Ord. CS-188 § II, 2012)
No ashtrays or smoking disposal receptacles shall be placed
in areas where smoking is prohibited.
(Ord. CS-188 § II, 2012)
A.
Each incident of smoking in violation of this chapter is punishable pursuant to Chapter 1.08 of this code, or in alternative by the administrative code enforcement remedies of Chapter 1.10 of this code.
B.
Except
as otherwise provided, enforcement of this chapter is at the sole
discretion of the persons authorized to enforce this chapter pursuant
to Chapters 1.08 and 1.10 of this code. Nothing in this chapter shall
create a right of action in any person against the city or its agents
for damages or to compel public enforcement of this chapter against
private parties.
(Ord. CS-188 § II, 2012)
