This chapter is enacted with the specific intent to:
A. 
Protect the public health, safety and general welfare by prohibiting smoking in certain public places under circumstances where other persons will be exposed to secondhand smoke;
B. 
Ensure a cleaner and more hygienic environment for the city and its residents; and
C. 
Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including residents and visitors, particularly children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
The following words and phrases, as used in this chapter or in any other applicable law regulating smoking, shall have the following meanings:
"Business"
means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes or that has an employee.
"Cannabis"
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
"Electronic smoking device"
means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances (including, but not limited to, cannabis), including any component, part or accessory of such a device, whether or not sold separately. Includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
"Employee"
means any person who is employed, or retained as an independent contractor, by any employer as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit or volunteer entity.
"Employer"
means any person, partnership, corporation, association, nonprofit or other entity that employs or retains the service of one or more persons, or supervises volunteers.
"Enclosed"
means any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard.
"Nonprofit entity"
means any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
"Place of employment"
means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses and private residences that are used as childcare or healthcare facilities subject to licensing requirements.
"Playground"
means any park or recreational area designed in part to be used by children, that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on city property.
"Premises"
means a lot or contiguous lots and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or are under common control.
"Public place"
means any public or private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, parking lots, parking garages, plazas, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis and buses. For the purposes of the provisions of this chapter, a "public place" does not mean a private residence except for residences used as an adult or child care, health care, board and care, or community foster care facility as such terms are defined by the Health and Safety Code.
"Reasonable distance"
means the greatest distance practicable that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of 20 feet.
"Recreational area"
means any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including, without limitation, parks, trails, gardens, sporting facilities, stadiums and playgrounds.
"Restaurant"
means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, eating establishment, boardinghouse or guest house or similar establishment which gives or offers for sale food to the public.
"Secondhand smoke"
means smoke that is generated either from the burning end of a lighted tobacco, weed, cannabis or plant product, or from an electronic smoking device; or, smoke that is exhaled by a smoker, after inhaling or ingesting a lit tobacco, weed, cannabis or plant product, or after use of an electronic smoking device.
"Service area"
means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place or make a transaction whether or not such service includes the exchange of money, including, for example, ATMs, bank teller windows, telephones, ticket lines, bus stops, taxi stands and takeout counters.
"Smoke or smoking"
means the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, cannabis, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment, including an electronic smoking device, used for burning any tobacco product, weed, plant, cannabis, or any other combustible substance.
"Unenclosed area"
means any area which is not enclosed.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
A. 
For all purposes within the jurisdiction of the city, the nonconsensual exposure to secondhand smoke and the uninvited presence of secondhand smoke on property, in violation of this chapter, shall constitute a public nuisance.
B. 
For all purposes within the jurisdiction of the city, no person shall cause secondhand smoke to unrea-sonably interfere with the reasonable use and enjoyment of another person's private residence.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
Except as otherwise provided by this chapter or by state or federal law, smoking shall be prohibited everywhere in the city, including, but not limited to:
A. 
All public places;
B. 
Residences used as child care, health care, board and care, or community foster care facility as such terms are defined by the Health and Safety Code;
C. 
Places of employment, except outdoor construction sites;
D. 
Enclosed and unenclosed places of hotels, businesses, restaurants, bars and other public accommodations; and
E. 
Any means of public transit including associated waiting areas, and service areas, enclosed or not.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
Smoking in unenclosed areas shall be prohibited within a reasonable distance from any entrance, opening, crack or vent into an enclosed area where smoking is prohibited, except while actively passing on the way to another destination and so long as smoke does not enter any enclosed area in which smoking is prohibited.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
Except where prohibited by local, state or federal law, smoking may be permitted in the following locations within the city notwithstanding Section 9.28.040:
A. 
Private Residential And Multifamily Properties. This chapter does not preclude private regulation of smoking on private residential and multifamily properties.
B. 
Designated unenclosed areas ("smokers' outposts") provided that all of the following conditions are met:
1. 
The area is located a reasonable distance away from any doorway or opening into an enclosed area and any access way to a public place;
2. 
The area has a clearly marked perimeter;
3. 
The area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area;
4. 
Smoke is not permitted to enter adjacent areas in which smoking is prohibited by this chapter, other law or by the owner, lessee or licensee of the adjacent property;
5. 
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
6. 
No consistent complaints of secondhand smoke are filed with the city.
C. 
Smoking areas at public events which have been approved as part of the special event permit or temporary use permit issued by the city.
D. 
Inside a private automobile when no minor child is present, except for as prohibited by state law.
E. 
The city reserves the right to prohibit or require modifications to a smokers' outpost at a certain location if it undermines the purposes of this chapter.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
A. 
No person, employer, business or nonprofit entity shall knowingly permit smoking in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law.
B. 
Except as provided in Section 9.28.060 of this code, no person, employer, business or nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law; provided, however, that a receptacle may be placed at the entry to a nonsmoking area, along with a "No Smoking" sign, in order to encourage any smokers in violation of this chapter to immediately extinguish and properly dispose of smoking materials.
C. 
No person shall intimidate, threaten, effect a reprisal or retaliate against another person who seeks to attain compliance with one or more of this chapter's provisions.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
A. 
Any violation of this chapter is punishable, at the discretion of the city prosecutor, as a misdemeanor or an infraction pursuant to Section 1.16.010 of this code, except for as preempted by state law; and, any violation of this chapter, at the discretion of the city, is punishable as an administrative citation pursuant to Chapter 1.20 of this code.
B. 
Any violation of this chapter shall be deemed a public nuisance which may be abated in accordance with the procedures set forth in Chapter 8.36 of this code. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.
C. 
The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
D. 
Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)
The provisions of this chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of the provisions of this chapter to regulate smoking where such regulation has been preempted by the state.
(Ord. 1226 § 6, 2017; Ord. 1227 § 4, 2018)