The purposes of this chapter are to:
A. 
Protect the public health, safety and general welfare by prohibiting smoking in designated areas within the city under circumstances where other persons will be exposed to secondhand smoke;
B. 
Strike a balance between the needs of persons who smoke and the needs of nonsmokers, including children, to breathe smoke-free air, recognizing the threat to public health and the environment, which smoking causes;
C. 
Recognize the right of employees, residents and visitors to the city to be free from unwelcome secondhand smoke;
D. 
Provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, by protecting community members from exposure to smoking where they live, work and play; and by protecting the public from nonconsensual exposure to secondhand smoke; and
E. 
Supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws.
(Ord. 1725, 7/11/2023)
For the purposes of this chapter, the following terms and phases shall have the meaning given in this section unless the context clearly requires otherwise:
"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" includes cannabis that is used for medical, non-medical, or other purposes. "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. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
"Designated smoking area"
means an area that is designated by signage that identifies it as a smoking area and is located at least 50 feet from any location where smoking is prohibited by this chapter, at least 50 feet from any door, window, opening, or air intake for an enclosed area, and contains a waste receptacle for tobacco product waste.
"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 employee.
"Employer"
means any person or nonprofit entity that retains the service of one or more employees.
"Enclosed area"
means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, goods, equipment, vehicles, processes, or activities of any kind.
"Multiunit residence"
means a residential use in which there is more than one dwelling unit on a lot, including senior and assisted living facilities, and long-term health care facilities and excluding navigation centers or emergency shelters as those terms are commonly defined.
"Outdoor dining area"
means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, or regularly used for consuming food or drink.
"Place of employment"
means an area under the control of an employer that an employee or the general public may enter in the normal course of operation, regardless of the hours of operation, including work areas and construction sites.
"Public place"
means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including parking lots, plazas, community centers, civic centers, shopping areas, bus shelters and ATMs. The term "public place" does not include streets or sidewalks used only as pedestrian or vehicular thoroughfares.
"Recreational area"
means any area open to the public for recreational purposes, publicly or privately owned, including, but not limited to, parks, picnic areas, playgrounds, gardens, athletic fields, walking paths, hiking trails, amphitheaters, bike paths, horseback riding trails, sports facilities, skateboard parks, stadiums, and other locations designated as open space (OS) in the Buena Park Zoning Code.
"Smoking"
means inhaling, exhaling, burning or carrying any lighted, heated or ignited tobacco product.
"Tobacco product"
shall have the same definition as provided in Section 5.60.010.
"Tobacco product waste"
means any component, part, or remnant of any tobacco product. "Tobacco product waste" includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.
(Ord. 1725, 7/11/2023)
A. 
Except as otherwise expressly authorized by state or federal law, smoking is prohibited in the enclosed and unenclosed areas of the following places within the city:
1. 
Recreational areas;
2. 
Outdoor dining areas;
3. 
Places of employment;
4. 
Public event areas;
5. 
Public places;
6. 
Multiunit residences.
B. 
Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.
(Ord. 1725, 7/11/2023)
No person shall intimidate, harass, or otherwise retaliate against any person who seeks to attain compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this chapter.
(Ord. 1725, 7/11/2023)
A. 
No person or employer shall permit smoking in an area that is under the control of that person or employer and in which smoking is prohibited by this chapter or other law.
B. 
A person or employer that has control of an area in which smoking is prohibited by this chapter or other law shall post a clear, conspicuous, and unambiguous "No Smoking" or "Smoke Free" sign at each entrance to the area. Signs posted on the exterior of buildings to comply with this section shall include the 50-foot distance requirement set forth in Section 8.52.020. The presence or absence of signs shall not be a defense to a charge of smoking in an area where smoking is prohibited.
C. 
Multiunit residence owners/manager and employers are encouraged, but not required, to post signage with information on tobacco cessation and/or phone numbers to submit complaints regarding violations of the city's smoking prohibition.
D. 
Beginning on February 1, 2024, multiunit residences shall include a clause within any new or renewed lease agreement which states that it is a material breach of the lease agreement to smoke or allow smoking within the unit, including balconies, porches and patios and in any common areas of the property other than a designated smoking area.
E. 
A person or employer that has control of an area in which smoking is prohibited by the chapter shall direct anyone who is smoking in violation of this chapter to stop using the tobacco product. If they do not stop using the tobacco product, the person or employer may refuse any service and immediately ask them to leave the property. If the ejection is from a public event, it shall be for the duration of the public event.
F. 
Violations of this chapter are subject to infraction pursuant to Chapter 1.04 of the Buena Park Municipal Code.
G. 
A person or employer that has control of an area in which smoking is prohibited by the chapter and that fails to comply with this chapter shall be guilty of an infraction and subject to an administrative citation pursuant to Chapter 1.04 of the Buena Park Municipal Code.
H. 
Multiple violations of this chapter by a person or employer that has control of an area in which smoking is prohibited by this chapter may result in the suspension or revocation of any permit or license issued to the person for the property on which the violation has occurred.
I. 
Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.
J. 
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 1725, 7/11/2023)