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:
1. 
Public places;
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)
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)