Because the smoking of tobacco, electronic cigarettes, or any
other weed or plant, is a danger to health and a cause of material
annoyance, inconvenience, discomfort and a health hazard to those
who are present in confined places, and in order to preserve public
health, safety and welfare, the provisions of this chapter are intended
to establish a comprehensive Citywide ban on smoking, with the limited
exceptions set forth in this chapter. This chapter shall be interpreted
in a manner supplementary to and consistent with California Labor
Code Section 6404.5 and California
Health and Safety Code Sections
104495 and 118875, et seq., as amended, and in all cases of conflict
between this chapter and any state law, the applicable state law provision
shall prevail.
(Ord. 2014-02; Ord. 2023-02)
The following definitions shall govern construction of this
chapter, unless the context clearly requires otherwise:
"Employee"
means any person who is employed by, or retained as an independent
contractor by, any employer, or any person who volunteers his or her
services for a business or employer.
"Employer"
means any person, partnership, corporation, association,
nonprofit or other entity who or which employs or retains the service
of one or more employees.
"Motor vehicle that is actively being driven"
means a motor vehicle that is driving within or through the
City on a City or private street and stopping only as necessary to
obey traffic regulations, but does not include a vehicle that is pulled
off to the side of the road, that is parked on a City or private street
or parking lot, and/or that is driving within in a City or private
parking lot.
"Place of employment"
means any area under the legal or de facto control of an
employer that an employee or the general public may enter in the normal
course of operations, but regardless of the hours of operation, including,
for example, indoor and outdoor work areas, construction sites, vehicles
used in employment or for business purposes, taxis, employee lounges,
conference and banquet rooms, bingo and gaming facilities, long-term
health facilities, ware-houses, and any private residences subject
to state licensing requirements that are used as child care or healthcare
facilities.
"Public place"
means any public place, or any private place open to the
general public regardless of any fee or age requirement, including,
but not limited to, streets, sidewalks, trails, plazas, bars, restaurants,
clubs, stores, stadiums, farmers' markets, festivals, outdoor events,
bus shelters, ATM or ticket lines, theaters, parking lots open to
the public, parks, playgrounds, beaches, recreational areas, taxis,
and buses. This also shall include outdoor dining areas open to the
general public.
"Smoke"
means the gases, particles, vapors, or aerosols 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 material contains no tobacco, nicotine, or cannabis
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, cannabis smoke, and electronic cigarette vapors
from tobacco and cannabis.
"Smoking"
means engaging in an act that generates smoke, such as, for
example: possessing a lighted pipe or a lighted hookah pipe; operating
an electronic cigarette or vaping device, a lighted cigar, or a lighted
cigarette of any kind; or lighting or igniting a pipe, a hookah pipe,
a cigar, or a cigarette of any kind.
(Ord. 2014-02; Ord. 2023-02)
A. Except
as otherwise provided by this chapter or by state or federal law,
smoking is prohibited in the following locations:
2. Places
of employment, including those regulated by California
Labor Code
Section 6404.5; and
3. Any
area within 20 feet of a public place, except private residential
property.
B. Smoking
is permitted in the following locations within the City, unless otherwise
provided by state or federal law:
1. Private
property that does not meet the definition of a public place, including
private residential property.
2. In
up to 20% of guest rooms in any hotel or motel, if the hotel or motel
permanently designates at least 80% of its guest rooms as nonsmoking
rooms, appropriately signs nonsmoking rooms and permanently removes
ashtrays and matches from them. Smoking rooms shall be segregated
from nonsmoking rooms on separate floors, wings, or portions of either;
smoking and nonsmoking rooms shall not be interspersed. Nothing in
this chapter shall require a hotel or motel to provide smoking rooms
and the owner or operator of a hotel or motel may choose to prohibit
smoking throughout the property.
3. Within
a motor vehicle that is actively being driven on a public or private
street or highway.
C. No
person shall dispose of any smoking waste, including, but not limited
to, any part of a cigarette, cigar, pipe, tobacco or vaping product,
in an area in which smoking is prohibited by this chapter or other
law, except in specific receptacles designated for smoking waste,
as allowed by this chapter.
(Ord. 2014-02; Ord. 2023-02)
No person shall knowingly permit smoking in an area under their
legal or de facto control where smoking is prohibited by this chapter.
(Ord. 2014-02; Ord. 2023-02)
All managers and owners of any establishments serving or doing business with the public may at their discretion post "No Smoking" signs within the various areas of their businesses, in addition to the signs required to be posted per Section
11.08.060.
(Ord. 2014-02; Ord. 2023-02)
The person who has legal or de facto control of any public place
or place of employment shall post a "No Smoking" sign, with letters
of no less than one inch in height or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette
and e-cigarette enclosed in a red circle with a red bar across it),
at the primary entrance to each public place or place of employment
in which smoking is prohibited by this chapter. Notwithstanding this
provision, the presence or absence of signs shall not be a defense
to the violation of any other provision of this chapter.
(Ord. 2014-02; Ord. 2023-02)
Each separate violation of this chapter is an infraction punishable pursuant to Chapter
1.08.
(Ord. 2014-02; Ord. 2023-02)