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;
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.
"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.
"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)
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)
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. 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.
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
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)