The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bikeway"
means any Class 1 bike path or trail, separated right-of-way for bicycles; or Class 2 bike lane, restricted right-of-way.
"Common area"
means every enclosed area and unenclosed area of a housing development that residents of more than one residence or unit of that development are entitled to enter or use, including, but not limited to, halls, paths, lobbies, courtyards, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking areas, restrooms, laundry rooms, cooking areas, and eating areas.
"Dining area"
means any indoor or outdoor nonresidential location where food or beverages are served by a business or routinely consumed by customers and/or employees of a business.
"Electronic smoking device"
means an electronic or battery-operated device that delivers vapors of nicotine and/or other substances for inhalation. This term includes every variation and type of such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, a vapor cigarette, or any other similar product. This term does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of diseases.
"Employee"
means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
"Employer"
means any business or nonprofit entity that retains the service of one or more employees.
"Enclosed area"
means all space between a floor and ceiling which is enclosed on all sides by solid walls. The walls may be penetrated by windows, doors, or passageways.
"Existing lease"
means any lease or rental agreement that allows a person to occupy a unit that was entered into before February 1, 2018.
"Family day care facility"
means a home providing day care for children, which is subject to state and/or county licensing requirements.
"Landlord"
means any person who owns property that is leased for residential use.
"Multi-unit residence"
means a residential property containing two or more units on the same lot, where one or more of the units are offered for rent. The following types of housing are specifically excluded from this definition:
1. 
A single-family home;
2. 
A detached or attached accessory dwelling unit on a property zoned to allow single-family uses;
3. 
Hotels and motels; and
4. 
A community apartment project, condominium project, or stock cooperative, as defined in the Davis-Stirling Common Interest Development Act (California Civil Code Section 4000 et seq.).
"New lease"
means any lease or rental agreement that allows a person to occupy a unit that was entered into, amended, or renewed on or after February 1, 2018. This includes any month-to-month lease that is renewed on or after February 1, 2018.
"Place of employment"
means any enclosed area under the control of the city or private employer or any outdoor working area, such as a construction area, which employees normally frequent during the course of employment.
"Public building"
means any building to which the public is invited or in which the public is permitted.
"Public event"
means any art show, fair, parade, firework display, sports activity, or any other similar event in a public place within the city, regardless of any fee or age requirements.
"Public place"
means any area to which the public is invited or in which the public is permitted, regardless of any fee or age requirement or whether publicly or privately owned.
"Residential care home"
means a home providing 24 hour care for children, adults, or elderly persons, which is subject to state and/or county licensing requirements.
"Retail smoking products store"
means any retail business establishment where at least 50% of product display area is for smoking products, including, but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E-liquids and supplies, and smoking supplies and accessories. A retail smoking products store does not include marijuana dispensaries or marijuana bakeries.
"Separate ventilation system"
means a system which is exhausted to the outside and negatively pressurized.
"Service area"
means any publicly or privately owned area where people use or wait to receive a service or make a transaction, whether or not such service or transaction includes the exchange of money. Service areas include, but are not limited to, areas including or adjacent to information kiosks, bus stops, train stations, Automated Teller Machine (ATM) lines, information kiosks, mobile vendor lines, and theatre lines.
"Shopping center"
means any parcel of land zoned and used for retail sales.
"Smoke" or "smoking"
means holding, inhaling, exhaling, burning, carrying or operating any lighted or activated cigar, cigarette, electronic smoking device (e-cigarette), pipe, or other smoking device containing any tobacco, marijuana, crack cocaine, weed, plant, or other combustible substance in any manner or in any form. "Smoke" does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense that does not contain any tobacco or nicotine, or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating or preventing disease.
"Unit"
means any personal dwelling space in a multi-unit residence, and shall include any associated exclusive-use area, including, but not limited to, a private balcony, porch, deck, or patio.
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
It is unlawful for any person to smoke in violation of any law or regulation of the state of California and in any place set forth herein, except as provided in Section 8.32.040.
A. 
In any park, sidewalk, bikeway, athletic field (including spectator viewing areas), playground, trail, recreational area, or publicly-owned open space;
B. 
In indoor or outdoor public places within shopping centers, including parking lots and parking structures;
C. 
Within 25 feet of the entrance, exit, or open window of any public building, or any outdoor dining area;
D. 
In any outdoor service area or any public building, including indoor and outdoor reception and waiting areas;
E. 
In any dining area, or any location where food, designated for sale or distribution to the public, is prepared, served, or stored, or where such food utensils are cleaned or stored;
F. 
Within buses, taxicabs, and other means of public transit provided by or under the authority of the city and at ticket, boarding, and waiting areas of public transit shelters, stops, and stations;
G. 
Within any indoor or outdoor common area within housing developments, except in a designated outdoor smoking area as described in Section 8.32.050(G);
H. 
In any enclosed area or outdoor place of employment or work sites, except as provided in Section 8.32.050(D);
I. 
In any family day care facility or residential care home;
J. 
Hotel and motel facilities, except as provided in Section 8.32.050(B);
K. 
At any public event;
L. 
In any elevator;
M. 
At polling places;
N. 
In any city-owned building, facility, property, parking lot or parking structure;
O. 
In schools;
P. 
In public restrooms.
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
Smoking in multi-unit residences shall be governed by the following rules:
A. 
Beginning February 1, 2018, the following regulations apply:
1. 
Smoking is prohibited in all common areas, except in a designated outdoor smoking area as described in Section 8.32.050(G).
2. 
Smoking is prohibited in all units governed by a new lease.
3. 
A landlord shall not permit the presence of ash trays, ash cans, or other receptacles designed for, or primarily used for, the disposal of smoking waste within any common area, except in a designated outdoor smoking area as described in Section 8.32.050(G).
4. 
Every new lease shall include a provision substantially consistent with the following: "Moorpark Municipal Code Section 8.32.030 prohibits smoking in all common areas in a multi-unit residence, and in all units governed by a lease that was entered into, renewed, or amended after February 1, 2018. It is a material breach of this lease for the tenant, or any other person subject to the control of the tenant or resident by invitation or permission of the tenant, to engage in smoking on the property, including in the unit and common areas (as those terms are defined in Moorpark Municipal Code Section 8.32.010), or to violate any law regulating smoking while anywhere on the property.
B. 
On or before February 1, 2018, the following regulations apply:
1. 
The landlord shall post, or shall cause to be posted, clear and unambiguous "No Smoking" signs in sufficient numbers and locations in the multi-unit residence to make it obvious to a reasonable person that smoking is prohibited in all common areas. The signs shall have letters of no less than one inch in height or contain the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). Such signs shall be maintained by the landlord. The absence of signs shall not be a defense to a violation of any provision of this chapter.
2. 
The landlord shall provide written notice to all tenants whose units are governed by an existing lease stating that: (a) smoking is prohibited in all common areas of the multi-unit residence beginning February 1, 2018, except in a designated outdoor smoking area; (b) any unit that is governed by a lease that was entered into on or after February 1, 2018 is designated as a non-smoking unit; and (c) any unit that is governed by a lease that was entered into before February 1, 2018 will be designated as a non-smoking unit when the lease is renewed or extended, or February 1, 2019, whichever is earlier, unless an earlier date is chosen by the landlord. The landlord does not need to comply with this provision if smoking is already prohibited in all common areas and units in the multi-unit residence.
C. 
In addition to the above, beginning February 1, 2019, smoking is prohibited in all units in a multi-unit residence.
D. 
If the landlord has fully complied with subsections (A)(4), (B)(1), and (B)(2) of this section, the landlord shall not be criminally or civilly liable to any person for a person's breach of any smoking provision while in the multi-unit residence.
(Ord. 460 § 2, 2017)
Nothing in this chapter shall prohibit any owner, operator, manager, employer, non-profit entity, or other person 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 and whether the area is enclosed or not.
(Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
A. 
Private residences, except when used as a family day care facility or residential care home, and except that "private residences" shall not include a unit in, or any portion of, a multi-unit residence.
B. 
A maximum of 20% of the guest rooms in hotels and motels.
C. 
A retail smoking products store, provided it is located 25 feet or more from any opening of a private residence, has a separate ventilation system, and does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section. This section does not apply to the smoking of marijuana, which shall be prohibited in retail smoking product stores.
D. 
A place of employment that employs only the owner and no other employee, independent contractor, or volunteer, provided that:
1. 
The place of employment does not allow members of the public within enclosed areas; and
2. 
The enclosed area containing the place of employment does not share a ventilation system with any other enclosed area or public place not otherwise exempted in this section.
E. 
Theatrical production sites, if smoking is an integral part of the story in the theatrical production, as specified in Section 6404.5(e)(4) of the California Labor Code.
F. 
A designated outdoor smoking area, subject to approval of the community development director, for shopping centers, public places, or parking lots provided that:
1. 
The smoking area is as small as practicable to accommodate the number of smokers that are expected to use the area, but is not smaller than 50 square feet in total area, and does not have a dimension on any side less than five feet; and
2. 
The smoking area is not located within 25 feet of any outdoor service area; entrance, exit, or open window of any public building or dining area; and
3. 
Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator, or manager of the smoking area; and
4. 
The smoking area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area as follows: Signs with arrows directing the public to the smoking area may be allowed; signs shall be no smaller than three inches high and eight inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" and shall be posted prominently between five feet and seven feet above the floor or ground; and all signs are subject to approval of the community development director.
G. 
A designated outdoor smoking area, subject to approval of the community development director, for multi-unit residences provided that:
1. 
The smoking area is as small as practicable to accommodate the number of smokers that are expected to use the area, but is not smaller than 50 square feet in total area, and does not have a dimension on any side less than five feet; and
2. 
The smoking area is not located within 25 feet of a playground or an entrance, exit, or operable window of any building; and
3. 
Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator, or manager of the designated outdoor smoking area; and
4. 
The smoking area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area as follows: signs shall be no smaller than three inches high and eight inches long with a pictorial representation of a burning cigarette; signs shall contain "Designated Smoking Area" and shall be posted prominently between five and seven feet above the floor or ground; and all signs are subject to approval of the community development director. Signs with arrows directing the public to the smoking area may be allowed.
H. 
Outdoor special events, subject to community development director approval of a temporary use permit for a single event, or an administrative permit, for a recurring event, provided that:
1. 
Such permit shall be subject to appropriate conditions of approval to limit the duration of such permit and require compliance with state law; and
2. 
Such permit shall limit, to the extent feasible, exposure of nonsmoking persons to secondhand smoke; and
3. 
An administrative permit for a recurring event shall be subject to renewal every six months.
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
Every owner, operator, manager, employer, or other person having control of an enclosed or outdoor area where smoking is prohibited by this chapter shall 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).
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
A. 
No person, employer, business, or nonprofit entity shall knowingly permit smoking or place ash receptacles in an area which is under the control of the person, employer, business, or nonprofit entity in which smoking is prohibited by this chapter or by other law, unless the person, employer, business, or nonprofit entity is otherwise compelled to do so under state or federal law.
B. 
No person, employer, business, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person, employee, or applicant for employment, who seeks to attain compliance with this chapter, or who is exercising any right to a smoke-free environment afforded by this chapter.
(Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
A. 
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
B. 
It is not the intention of this chapter to regulate any conduct where the regulation of such conduct has been preempted by the state of California.
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)
Any person who violates any provision of, or fails to comply with, any requirement of this chapter is guilty of a misdemeanor/infraction and, upon conviction thereof, shall be punished in accordance with this code. The remedies provided by this code are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 173 § 2, 1993; Ord. 377 § 1, 2009; Ord. 448 § 2, 2017; Ord. 460 § 2, 2017)