Note: Prior ordinance history: Ords. 699 and 634.
A. 
The city council of the city of Crescent City finds the following to be true:
1. 
Tobacco-related illness is the leading cause of preventable death in the United States;
2. 
The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke;
3. 
Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers;
4. 
Cigarette butts pose a health threat to young children;
5. 
Cigarette butts are a major and persistent source of litter;
6. 
Creating smoke-free areas helps protect the health of the eighty-six and seven-tenths percent of Californians who are nonsmokers;
7. 
There are higher costs associated with smoking in the workplace due to increases in absenteeism, accidents, cost of medical care, as well as lost productivity and damage to property from burns, extra cleaning and maintenance of walls, window coverings, carpeting, upholstery and other surfaces exposed to tobacco smoke; and
8. 
Society is becoming less tolerant and less accepting of cigarette smoking.
B. 
The city council declares the purpose of this chapter is to:
1. 
Prohibit the smoking of tobacco, or any weed or plant, in city buildings or vehicles, in areas designed for use by children specifically, in public parks, at public events, and within twenty-five feet of public entrances to any buildings open to the general public.
2. 
To provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around nontobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes.
(Ord. 756 § 3, 2010; Ord. 825 § 2, 2020)
The following words and phrases, whenever used in this chapter have the meanings defined in this section unless the context clearly requires otherwise:
"Adjacent unenclosed property"
means any unenclosed area of property, publicly or privately owned, that abuts a multiunit residence, but does not include property containing detached single-family homes.
"Cannabis"
has the same meaning as in California Health and Safety Code Section 11018, as amended from time to time. Cannabis, medicinal cannabis, and the cultivation thereof, as defined in this chapter, is not to be considered an agricultural activity, operation or facility under California Civil Code Section 3482.5.
"Cigarette butt"
includes all that portion of a cigarette that is discarded after having been lit.
"City"
includes all entities of which the city council is the governing body.
"Code"
refers to the Crescent City Municipal Code as amended from time to time.
"Common area"
means every enclosed area and every unenclosed area of a multiunit residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
"Enclosed area"
means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:
1. 
Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical constraints to airflow, including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or
2. 
Four walls or other vertical constraints to airflow, regardless of composition, including, but not limited to, vegetation, that exceed six feet in height, whether or not those boundaries include vents or other openings.
"Landlord"
means the owner, lessor, sublessor or property manager of residential real property including, but not limited to, dwelling units, rooms, mobilehome spaces, recreational vehicle spaces or any other residential real property occupied by residential tenants for any period of time.
"Multiunit residence"
means property containing two or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. Multiunit residences do not include the following:
1. 
A hotel or motel that meets the requirements of California Civil Code Section 1940(b)(2), unless leased as apartments;
2. 
A mobile home park;
3. 
A campground or RV park;
4. 
A marina or port;
5. 
A single-family home, except if used as a health care facility subject to licensing requirements; and
6. 
A single-family home with a detached or attached in-law or second unit permitted pursuant to California Government Code Section 65852.1, 65852.150, 65852.2 or an ordinance of the city adopted pursuant to those sections, except if the single-family home or in-law/second unit is used as a health care facility subject to licensing requirements.
"New unit"
means a unit that is issued a certificate of occupancy on or after January 1, 2021 and any unit that is let for residential use for the first time on or after January 1, 2021.
"Nonsmoking area"
means any enclosed area or unenclosed area in which smoking is prohibited by:
1. 
This chapter or any other applicable state or local law;
2. 
Binding agreement relating to the ownership, occupancy, or use of real property; or
3. 
A person with legal control over the area.
"Person"
means any natural person, business, cooperative association, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.
"Playground"
means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds.
"Public park"
includes any park owned or operated by a public agency.
"Smoke"
means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, marijuana smoke, and crack cocaine smoke.
"Smoking"
means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or lighting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.
"Smoking area/designated smoking area"
an area designated for smoking as specified in Section 9.17.080(C).
"Tobacco product"
means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
"Tot lot sandbox area"
means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area will be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.
"Unenclosed area"
means any area that is not an enclosed area.
"Unit"
means a building or portion thereof used and/or designed for occupancy by one family for living or sleeping purposes and having a kitchen.
(Ord. 756 § 3, 2010; Ord. 825 § 2, 2020)
A. 
Smoking is prohibited in all buildings and all vehicles owned or leased by the city, except as provided in this section.
B. 
The city manager may designate special areas where smoking is permitted at city owned or leased facilities. In so doing, the city manager will give notice to all employees affected and will post the area as a designated smoking area. Designated areas will be subject to city council review upon request.
(Ord. 756 § 3, 2010)
Smoking is prohibited within the boundaries of any playground or tot lot sandbox area, and within twenty-five feet of such areas, including streets and sidewalks.
(Ord. 756 § 3, 2010)
A. 
Smoking is prohibited in all public parks within the jurisdiction of the city.
B. 
Smoking is prohibited in all other public places, when being used for a public event, including a farmers' market, parade, craft fair, festival, or any other event which may be attended by the general public.
C. 
Smoking is prohibited within twenty-five feet of all public entrances to buildings, offices, and businesses open to the general public.
(Ord. 756 § 3, 2010)
Discarding cigarette butts in any manner other than in an appropriate receptacle is prohibited, including, but not limited to, in the street, on the sidewalk, in parking lots, in planter boxes, in tree wells, in bushes, or in grassy areas.
(Ord. 756 § 3, 2010)
As provided in Sections 9.17.010 through 9.17.060, smoking is prohibited in all units of a multiunit residence, including any associated exclusive-use enclosed areas or unenclosed areas, such as a private balcony, porch, deck, or patio.
A. 
Smoking in a new unit of a multiunit residence, on or after January 1, 2021, is a violation of this chapter.
B. 
Smoking in a unit of a multiunit residence that is not a new unit, on or after January 1, 2022 is a violation of this chapter.
(Ord. 825 § 2, 2020)
A. 
Smoking in a common area, on or after January 1, 2021, other than in a designated smoking area established pursuant to subsection B, is a violation of this chapter.
B. 
A person with legal control over a common area, such as a landlord or homeowners' association, may designate a portion of the common area as a designated smoking area provided the designated smoking area complies with subsection C at all times.
C. 
A Designated Smoking Area.
1. 
Must be an unenclosed area;
2. 
Must be at least twenty-five feet from unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses;
3. 
Must be located at least twenty-five feet from any nonsmoking area. The location of nonsmoking areas may change due to the new enactment of a law, execution of an agreement, or other event that affects the area's nonsmoking designation. If an event occurs that changes a nonsmoking area, a person with legal control over a designated smoking area located less than twenty-five feet from that nonsmoking area must modify, relocate, or eliminate that designated smoking area so as to maintain compliance with the requirements of this subsection C. In the case of a nonsmoking area on a neighboring property established by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person with legal control over the property to designate a smoking area within twenty-five feet of the nonsmoking area unless that person has actual knowledge of, or a reasonable person would know of, the private agreement or designation;
4. 
Must be no more than ten percent of the total unenclosed area of the multiunit residence for which it is designated;
5. 
Must have a clearly marked perimeter;
6. 
Must be identified by conspicuous signs; and
7. 
Must not overlap with any enclosed or unenclosed area where smoking is prohibited by this chapter or other law.
D. 
No person with legal control over a common area in which smoking is prohibited by this chapter or other law may knowingly permit the presence of ashtrays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.
(Ord. 825 § 2, 2020)
A. 
Smoking is prohibited in adjacent unenclosed property located within twenty-five feet in any direction of any doorway, window, opening, or other vent into an enclosed area of a multiunit residence.
B. 
Subsection A above does not apply to a person who is smoking in the restricted buffer zone area while actively passing on the way to another destination.
(Ord. 825 § 2, 2020)
A. 
Every lease or other rental agreement for the occupancy of a unit in a multiunit residence, entered into, renewed, or continued month-to-month after January1, 2021, is required to include the provisions set forth in subsection B below on the earliest possible date allowable by law.
B. 
Every lease or other rental agreement for the occupancy of a unit in a multiunit residence, entered into, renewed, or continued month-to-month after January 1, 2021, is required to be amended to include the following provisions:
1. 
A clause providing that as of January 1, 2021, it is a material breach of the agreement to knowingly or intentionally allow, or engage in, smoking in the unit, including exclusive-use areas such as balconies, porches, or patios.
2. 
A clause providing that it is a material breach of the agreement for the tenant to knowingly and intentionally allow, or engage in, smoking in any common area of the multiunit residence other than a designated smoking area.
3. 
A clause providing that it is a material breach of the agreement for the tenant to violate any law regulating smoking while anywhere on the property, or to knowingly and intentionally allow any other person subject to the control of the tenant to engage in such behavior.
4. 
A clause expressly conveying third-party beneficiary status to all occupants of the multiunit residence as to the smoking provisions of the lease or other rental agreement.
C. 
Whether or not a landlord complies with subsections A and B above, the clauses required by those subsections are implied and incorporated by law into every agreement to which subsection A or B apply and will become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection A or B.
D. 
A tenant who breaches, or knowingly and intentionally allows any other person subject to the control of the tenant to breach, a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multiunit residence will be liable for the breach to: (1) the landlord; and (2) any occupant of the multiunit residence who is exposed to smoke or who suffers damages as a result of the breach. A landlord will not be liable to any person for a tenant's breach of smoking regulations if the landlord has fully complied with this section.
E. 
Failure to enforce any smoking provision required by this chapter will not affect the right to enforce such provision in the future, nor will a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.
(Ord. 825 § 2, 2020)
A. 
Signs prohibiting smoking within twenty-five feet of all buildings owned or leased by the city must consist of a sign with letters not less than one-inch in height that clearly and conspicuously states the following:
"NO SMOKING permitted within 25 feet of this entrance pursuant to Chapter 9.17 of the CCMC," together with 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). The sign will be posted at or near all entrances and sufficiently and conspicuously posted at other appropriate locations in every building. Signs which have been removed should be replaced within five working days.
B. 
Buildings, offices, and businesses open to the general public are encouraged to use the same or similar signs at or near their public entrances.
C. 
Signs prohibiting smoking in public parks must consist of a metal sign no less than twelve by eighteen (inches) with letters not less than one-inch in height that clearly and conspicuously states the following:
"NO SMOKING IN PARK pursuant to Chapter 9.17 of the CCMC," together with 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). Signs will be posted at entrances to parks and at other appropriate locations within the parks.
D. 
Every landlord is required to deliver the following, on or before June 1, 2021, to each unit that is not a new unit of a multiunit residence:
1. 
A written notice clearly stating:
a. 
All units are designated nonsmoking units and smoking is illegal in a unit, including any associated exclusive-use enclosed area or unenclosed area, such as a private balcony, porch, deck, or patio, as of January 1, 2022; and
b. 
Smoking in all common areas, except for specifically designated smoking areas, is a violation of this chapter as of January 1, 2021.
2. 
A copy of this chapter.
E. 
As of January 1, 2021, every Landlord is required to provide prospective tenants with written notice clearly stating that:
1. 
Smoking is prohibited in units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2021; and
2. 
Smoking is prohibited in all common areas, except for specifically designated smoking areas, as of January 1, 2021.
F. 
As of January 1, 2021, every seller of a unit in a multiunit residence is required to provide prospective buyers with written notice clearly stating that:
1. 
Smoking is prohibited in units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2021; and
2. 
Smoking is prohibited in all common areas, except for specifically designated smoking areas, as of January 1, 2021.
G. 
The person(s) with legal control over common areas must post clear and unambiguous "No Smoking" signs in sufficient numbers and locations in common areas where smoking is prohibited by this chapter or other law. In addition, the person(s) with legal control over the multiunit residence must post signs in sufficient numbers and locations in the multiunit residence to indicate that smoking is prohibited in all units. The person(s) with legal control over the common areas are required to maintain such signs. The absence of signs is not a defense to a violation of any provision of this chapter. "No Smoking" signs are not required inside or on doorways of units, except for hotels or motels which meet the criteria listed in California Civil Code Section 1940, subdivision (b)(2).
H. 
No person with legal control over any nonsmoking area may permit smoking in the nonsmoking area, except as provided in Section 9.17.080 of this chapter.
(Ord. 756 § 3, 2010; Ord. 825 § 2, 2020)
A. 
The provisions of this chapter are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding: (1) any provision of this chapter or of this code; (2) any failure by any person to restrict smoking under this chapter; or (3) any explicit or implicit provision of this code that allows smoking in any place, nothing in this code may be interpreted to limit any person's legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles.
B. 
For all purposes within the jurisdiction of the city of Crescent City, nonconsensual exposure to smoke, occurring on or drifting into residential property, is a nuisance, and the uninvited presence of smoke on residential property is a nuisance.
C. 
Pursuant to California State law, Health and Safety Code Sections 11362.3 and 11362.79, smoking cannabis is prohibited wherever smoking tobacco is prohibited.
D. 
Notwithstanding any provision to the contrary, nothing in this chapter may be interpreted to restrict or otherwise regulate the use of a drug, device, or combination product authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(Ord. 825 § 2, 2020)
A. 
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. 
Every instance of smoking in violation of this chapter is an infraction subject to a one hundred dollar fine.
C. 
Violations of this chapter, other than those identified in subsection B above, are subject to a civil fine of not less than two hundred fifty dollars and not exceeding one thousand dollars per violation. Each and every instance or day that a violation exists or occurs constitutes a separate offense.
D. 
It is unlawful for any person to intimidate, harass, or otherwise retaliate against any person who seeks compliance with this chapter. Moreover, no person may intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this chapter. Violation of this subsection constitutes a misdemeanor.
E. 
Causing, permitting, aiding, or abetting a violation of any provision of this chapter also constitutes a violation of this chapter.
F. 
Any violation of this chapter is hereby declared to be a public nuisance.
G. 
In addition to other remedies provided by this chapter or otherwise available at law or in equity, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, without limitation, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
H. 
Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city of Crescent City. Nothing in this chapter shall create a right of action in any person against the city of Crescent City or its agents to compel public enforcement of this chapter against private parties.
(Ord. 756 § 3, 2010; Ord. 825 § 2, 2020)