The following words and phrases, whenever used in this chapter shall have the meanings defined in this section unless the context clearly requires otherwise:
"Common area"
means every enclosed area or unenclosed area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.
"Common interest complex"
means a multi-unit residence that is a condominium project, a community apartment project, a stock cooperative, or a planned unit development as defined by California Civil Code Section 1351.
"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.
"Landlord"
means any person who owns property let for residential use, any person who lets residential property, and any person who manages such property, except that "landlord" does not include a master tenant who sublets a unit as long as the master tenant sublets only a single unit of a multi-unit residence.
"Multi-unit residence"
means property containing two or more units, except the following specifically excluded types of housing:
(1) 
A hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2);
(2) 
A single-family home;
(3) 
A single-family home with a detached or attached in-law or second unit when permitted pursuant to California Government Code Sections 65852.1, 65852.150, 65852.2 or an ordinance of the City adopted pursuant to those sections; and
"New unit"
means a unit that is issued a certificate of occupancy more than 180 days after July 1, 2012.
"Nonsmoking area"
means any enclosed area or unenclosed area of a multi-unit residence in which smoking is prohibited by: (1) this chapter or other law; (2) by binding agreement relating to the ownership, occupancy, or use of real property; or (3) by designation of a person with legal control over the area. In the case of a smoking prohibition established only by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person to engage in smoking or to allow smoking in that area unless: (1) the person knows that smoking is not permitted; or (2) a reasonable person would know that smoking is not permitted.
"Person"
means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.
"Rental complex"
means a multi-unit residence for which 50% or more of units are let by or on behalf of the same landlord.
"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, an operating electronic cigarette or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.
"Unenclosed area"
means any area that is not an enclosed area.
"Unit"
means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes without limitation: an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy ("SRO") facility; a room in an emergency shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. Unit includes a new unit.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
Smoking is prohibited in all common areas as defined in Section 4-12A.01(a) except that a person with legal control over a common area, such as, for example, a landlord or homeowners' association, may designate a portion of the common area as a designated smoking area provided that at all times the designated smoking area complies with subsection (b).
(b) 
A designated smoking area:
(1) 
Must be an unenclosed area.
(2) 
Must be located at least 25 feet from any enclosed area that is a nonsmoking area. A person with legal control over a common area in which a designated smoking area has been designated shall modify, relocate or eliminate that designated smoking area so as to maintain compliance with the requirements of this subsection (b) as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established.
(3) 
Must be at least 25 feet from unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses.
(4) 
Must be no more than 10% of the total unenclosed area of the multi-unit residence for which it is designated.
(5) 
Must have a clearly marked perimeter.
(6) 
Must be identified by conspicuous signs.
(c) 
No person with legal control over a common area in which smoking is prohibited by this chapter or other law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.
(d) 
Clear and unambiguous "No Smoking" signs shall be posted in sufficient numbers and locations to make common areas where smoking is prohibited by this chapter or other law obvious to a reasonable person. The signs shall have letters of no less than one inch in height or contain the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). Such signs shall be maintained by the person or persons with legal control over the common areas. The absence of signs shall not be a defense to a violation of any provision of this chapter.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
Smoking is prohibited in unenclosed areas of multi-unit residence, including balconies, porches, decks, and patios, within 25 feet in any direction of any doorway, window, opening, or other vent into an enclosed area that is a nonsmoking area.
(b) 
Notwithstanding any other provision of this chapter, smoking is prohibited in all exclusive-use unenclosed areas associated with a unit, such as, for example, a private balcony, porch, deck, or patio.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
All new units of a rental complex are hereby designated nonsmoking units.
(b) 
All units of a rental complex that are not new units are hereby designated nonsmoking units as of July 1, 2013.
(c) 
Smoking in a designated nonsmoking unit is a violation of this chapter as provided in Section 4-12A.08.
(d) 
At least 60 days before July 1, 2013, landlords shall provide each tenant with:
(1) 
A written notice clearly stating that all units, including the tenant's unit, are designated nonsmoking units and that smoking in a unit will be illegal per Section 4-12A.08(b); and
(2) 
A copy of this chapter.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
All units of a common interest complex that are not new units are hereby designated nonsmoking units as of July 1, 2013; provided, however, that a lesser percentage of units may be designated nonsmoking units if a common interest complex fully complies with subsection (c) below.
(b) 
Smoking in a designated nonsmoking unit is a violation of this chapter as provided in Section 4-12A.08.
(c) 
By a vote of the membership as provided in subsection (c)(1), a common interest complex may choose to designate fewer than 100 percent of existing units as nonsmoking units by fully complying with the requirements stated in subsections (c)(1) through (4). Otherwise subsection (a) shall apply.
(1) 
A vote by the membership on the threshold question of allowing less than 100 percent of units to be designated nonsmoking units must take place before December 31, 2012.
(2) 
Up to 100 percent, but no less than 80%, of units that are not new units shall be permanently designated as nonsmoking units.
(3) 
Where possible, best efforts shall be made to group nonsmoking units together, both horizontally and vertically, and physically separate them from units where smoking may be allowed.
(4) 
No later than April 1, 2013 the final designations must be made and the following must be submitted in accordance with Section 4-12A.09:
(i) 
A description of each designated nonsmoking unit sufficient to readily identify the unit; and
(ii) 
A diagram depicting the location of the designated nonsmoking units in relation to all other units.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
Up to 100 percent, but no less than 80%, of new units of a common interest complex shall be permanently designated as nonsmoking units by the person or persons causing the construction of the new units.
(b) 
Smoking in a designated nonsmoking unit is a violation of this chapter as provided in Section 4-12A.08.
(c) 
Designated nonsmoking units shall not share a ventilation system with a unit in which smoking may be allowed. To the maximum extent practicable, nonsmoking units shall be grouped together vertically and horizontally and physically separated from units where smoking may be allowed. Where possible, all units where smoking may be allowed shall be in a single building of a multi-building multi-unit residence.
(d) 
The designations required by subsection (a) shall be permanent; shall be submitted in accordance with Section 4-12A.09; and shall be submitted by the person who controls the multi-unit residence in which the new unit is located prior to any sale or lease of a new unit and before a new unit is occupied. The submitted designations must contain a description of each designated nonsmoking unit sufficient to identify the unit and must be accompanied by a diagram depicting the location of the designated nonsmoking units in relation to all other units.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
Every lease or other rental agreement for the occupancy of a unit in a rental complex, including, for example, new units and existing units, entered into, renewed, or continued month-to-month after July 1, 2012, shall include the provisions set forth in subsection (b) on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.
(b) 
Every lease or other rental agreement for the occupancy of a unit in a rental complex, including, for example, new units and existing units, entered into, renewed, or continued month-to-month after July 1, 2012, shall be amended to include the following provisions:
(1) 
A clause providing that as of July 1, 2013, it is a material breach of the agreement to allow or engage in smoking in the unit unless the landlord has supplied written notice that the unit has not been designated a nonsmoking unit and no other prohibition against smoking applies. Such a clause might state: "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit as of July 1, 2013 unless landlord has provided written notice that the unit has not been designated a nonsmoking unit and smoking in the unit is not otherwise prohibited by this agreement, other agreements, or by law."
(2) 
A clause providing that it is a material breach of the agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property other than a designated smoking area. Such a clause might state: "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property, except in an outdoor designated smoking area, if one exists."
(3) 
A clause providing that it is a material breach of the agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause might state: "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property."
(4) 
A clause expressly conveying third-party beneficiary status to all occupants of the rental complex as to the smoking provisions of the agreement. Such a clause might state: "Other occupants of the property are express third-party beneficiaries of those provisions in this agreement that concern smoking. As such, other occupants of the property may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law."
(c) 
Whether or not a landlord complies with subsections (a) and (b), the clauses required by those subsections shall be implied and incorporated by law into every agreement to which subsections (a) or (b) apply and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsections (a) or (b).
(d) 
A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a rental complex, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant, shall be liable for the breach to: (i) the landlord; and (ii) any occupant of the rental complex who is exposed to smoke or who suffers damages as a result of the breach.
(e) 
This chapter shall not create additional liability in a landlord to any person for a tenant's breach of any smoking provision in a lease or other rental agreement for the occupancy of a unit in a rental complex if the landlord has fully complied with this section and Section 4-12A.06.
(f) 
Failure to enforce any smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
Smoking in a common area, on or after July 1, 2012, other than in a designated smoking area established pursuant to Section 4-12A.02, is a violation of this chapter.
(b) 
Smoking in a designated nonsmoking unit, on or after July 1, 2013, is a violation of this chapter.
(c) 
No person shall engage in smoking in any nonsmoking area.
(d) 
No person with legal control over any nonsmoking area shall permit smoking in the nonsmoking area, except as provided in Section 4-12A.07(e).
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
Submissions required by this chapter must be received by the Huntington Park Police Department Code Enforcement Division on or before any applicable due date. The submissions shall include all material and information required by this chapter and such other materials and information as the Huntington Park Police Department Code Enforcement Division deems necessary for the administration and enforcement of this chapter.
(b) 
All material and information submitted pursuant to this chapter constitute disclosable public records and are not private or confidential.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
The provisions of this chapter are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding: (1) any provision of this chapter or other provisions of this Code; (2) any failure by any person to restrict smoking under this chapter; or (3) any explicit or implicit provision of this Code that allows smoking in any place, nothing in this Code shall be interpreted to limit any person's legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles.
(b) 
For all purposes within the jurisdiction of the City of Huntington Park, nonconsensual exposure to smoke occurring on or drifting into residential property is a nuisance, and the uninvited presence of smoke on residential property is a nuisance and a trespass.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(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 ($100.00) dollar fine. Other violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the Huntington Park Police Department Code Enforcement Division. In addition, any peace officer 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) 
No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this chapter. Moreover, no person shall 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 shall constitute a misdemeanor.
(e) 
Causing, permitting, aiding, or abetting a violation of any provision of this chapter shall also constitute 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 or criminal 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 Huntington Park. Nothing in this chapter shall create a right of action in any person against the City of Huntington Park or its agents to compel public enforcement of this chapter against private parties.
(§ 2, Ord. 882-NS, eff. April 5, 2012)
(a) 
Any person, including a legal entity or organization or a government agency, acting for the interests of itself, its members, or the general public may bring a civil action to enforce this chapter. Upon proof of a violation, a court shall award the following:
(1) 
Damages in the amount of either:
(i) 
Upon proof, actual damages; or
(ii) 
With insufficient or no proof of damages, $500 for each violation of this chapter (hereinafter "statutory damages"). Each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this chapter, no person suing on behalf of the general public shall recover statutory damages based upon a violation of this chapter if a previous claim brought on behalf of the general public by another person for statutory damages and based upon the same violation has been adjudicated, whether or not the person bringing the subsequent claim was a party to the prior adjudication.
(2) 
Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, retaliation, or a conscious disregard for the public health.
(b) 
The person may also bring a civil action to enforce this chapter by way of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a conditional judgment or an injunction.
(c) 
Notwithstanding any legal or equitable bar against a person seeking relief on its own behalf, a person may bring an action to enforce this chapter solely on behalf of the general public. When a person brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the person from bringing a subsequent action based upon the same facts but seeking relief on his, her or its own behalf.
(d) 
Nothing in this chapter prohibits a person from bringing a civil action in small claims court to enforce this chapter, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements of that court.
(§ 2, Ord. 882-NS, eff. April 5, 2012)