The following words and phrases, whenever used in this chapter shall have the meanings defined in this section unless the context clearly requires otherwise:
"Business"
means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.
"Dining area"
means any area, including streets and sidewalks, which is available to or customarily used by the general public or an employee, and which is designed, established, or regularly used for consuming food or drink.
"Employee"
means any person who is employed or retained as an independent contractor by any employer or nonprofit entity in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer or nonprofit entity.
"Employer"
means any business or nonprofit entity that retains the service of one or more employees.
"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 boundaries of any height whether or not those boundaries include vents or other openings; or
(2) 
Four walls or other vertical boundaries that exceed six feet in height whether or not those boundaries include vents or other openings.
"Nonprofit entity"
means any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a nonprofit entity within the meaning of this chapter.
"Person"
means any natural person, business, cooperative association, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.
"Place of employment"
means any area under the legal or de facto control of an employer, that an employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation.
"Public place"
means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.
"Reasonable distance"
means a distance of 20 feet in any direction from an area in which smoking is prohibited and 25 feet in any direction of playgrounds and/or tot lots.
"Recreational area"
means any area that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks, picnic areas, playgrounds, sports courts/fields, golf courses, walking paths, gardens, hiking trails, bike paths, swimming pools, skateboard parks, and all parking facilities pertaining to the aforementioned "recreational areas."
"Service area"
means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. The term "service area" includes, but is not limited to, information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands.
"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 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, and marijuana smoke.
"Smoking"
means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of 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.
"Unenclosed area"
means any area that is not an enclosed area, as defined by subsection (e) of this section.
(§ 2, Ord. 867A-NS, eff. September 15, 2011)
(a) 
Smoking is prohibited in the unenclosed areas of the following places within the City of Huntington Park:
(1) 
Recreational areas;
(2) 
Service areas;
(3) 
Dining areas;
(4) 
Places of employment;
(5) 
Property owned and operated by the City of Huntington Park, including all City facilities and vehicles;
(6) 
Other Public Places. Smoking and tobacco product use is prohibited in other public places when being used for a public event, including a farmers' market, parade, fair, festival, or any other event which may be attended by the general public, provided that smoking and tobacco product use is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law.
(b) 
Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking and tobacco product use on any part of such property, even if smoking or the use of tobacco products is not otherwise prohibited in that area.
(c) 
The City Manager or designee shall engage in an ongoing educational program to explain and clarify the purposes and requirements of this chapter, as well as providing guidance to persons, employers, and nonprofit entities about compliance. However, lack of such education shall not be a defense to a violation of this chapter.
(d) 
For places where smoking is already prohibited by State or Federal law, applicable State or Federal laws apply.
(§ 2, Ord. 867A-NS, eff. September 15, 2011)
Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination.
(§ 2, Ord. 867A-NS, eff. September 15, 2011)
(a) 
No person, employer, or nonprofit entity shall knowingly permit smoking or the use of tobacco products in an area which is under the legal or de facto control of the person, employer or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law, unless otherwise required by State or Federal law.
(b) 
No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or the use of tobacco products is prohibited, including inside the perimeter of any reasonable distance required by this chapter.
(c) 
No person, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.
(d) 
Each instance of smoking or tobacco product use 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.
(§ 2, Ord. 867A-NS, eff. September 15, 2011)
(a) 
A person, employer, or nonprofit entity that has legal or de facto control of an unenclosed area in which smoking or the use of tobacco products is prohibited by this chapter shall post a clear, conspicuous and unambiguous "No Smoking" or "No Use of Tobacco Products" or "Smoke-Free" or "Tobacco-Free" sign at each point of ingress to the area, and in at least one other conspicuous point within the area.
(b) 
The signs shall have letters of no less than one inch in height and shall include 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 posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement set forth in Section 4-12.03, and as defined by Section 4-12.01. At least one sign with the Police Department phone number where complaints can be directed must be conspicuously posted in each place in which smoking is prohibited.
(c) 
For purposes of this section, the City Manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking or the use of tobacco products in violation of any other provision of this chapter.
(§ 2, Ord. 867A-NS, eff. September 15, 2011)
(a) 
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(b) 
Each incident of smoking or use of tobacco products in violation of this chapter is an infraction subject to a one hundred ($100.00) dollar fine. Other violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the Huntington Park Police Department. In addition, any peace officer, business license officer, or code enforcement official also may enforce this chapter.
(c) 
Violations of this chapter are subject to a civil action brought by the City of Huntington Park, punishable by a civil fine not less than $250 and not exceeding $1,000 per violation.
(d) 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
(e) 
In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(f) 
Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any person against the City or its agents to compel public enforcement of this chapter against private parties.
(§ 2, Ord. 867A-NS, eff. September 15, 2011)