(a) The
City Council finds that smoking of tobacco or any other weed or plant
is a positive danger to health and a cause of material annoyance,
inconvenience, discomfort and a health hazard to those who are present
in areas exposed to secondhand smoke.
(b) The
declared purpose of this chapter is to:
(1) Protect the public health, safety and welfare by prohibiting smoking
in public places and places of employment; and
(2) Guarantee the right of nonsmokers to breathe smoke-free air, and
to recognize that the need to breathe smoke-free air has priority
over the desire to smoke.
(§ 1, Ord. 703, eff. February 12, 1994)
The following words, phrases and terms, as used in this chapter,
shall be construed as defined in this section:
"Bar"
means an area which is devoted to the serving of alcoholic
beverages for consumption by patrons on the premises and in which
the serving of food is only incidental to the consumption of such
beverages. Although a restaurant may contain a bar, the term "bar"
shall not include the restaurant dining area. A "bar" for the purpose
of this definition does not include any bar where smoke can filter
into a restaurant through a passageway, ventilation system, or any
other means.
"Business"
means any sole proprietorship, joint venture, corporation
or other business entity formed for profit-making purposes, including
retail establishments where goods or services are sold, as well as
professional corporations and other entities where legal, medical,
dental, engineering, architectural or other professional services
are delivered.
"City"
means the City of Ojai, California.
"Common area"
means every enclosed area or unenclosed area of a multi-unit
residence that residents of more than one unit are entitled to enter
or use, including, for example, halls, pathways, lobbies, courtyards,
elevators, stairs, community rooms, playgrounds, gym facilities, swimming
pools, parking garages, parking lots, grassy or landscaped areas,
restrooms, laundry rooms, cooking areas, and eating areas.
"Designated smoking area"
means an outdoor common area of a multi-unit residence designated
as such by the owner, manager, or operator of the multi-unit residence,
and located at least 25 feet from all units and areas primarily used
by children.
"Employee"
means any person who is employed by any employer in consideration
for direct or indirect monetary wages or profit, and any person who
volunteers his or her services for a non-profit entity.
"Employer"
means any person, partnership, corporation, including a public
entity, or non-profit entity, who employs the services of one or more
individual persons.
"Enclosed area"
means all space between a floor and ceiling which is enclosed
on all sides of solid walls or windows (exclusive of door or passageways)
which extend from the floor to the ceiling, including all space therein
screened by portions which do not extend to the ceiling or are not
solid, such as "office landscaping" or similar structures.
"Home occupation"
means any use within a dwelling which has been issued a home
occupation permit by the City.
"Incidental food sales/service"
means the sale or service of food products in a bar if such
sale/service constitutes 25% of the annual gross income of the bar.
"Landlord"
means any person or agent of a person who owns, manages,
or is otherwise legally responsible for a unit in a multi-unit residence
that is leased to a residential tenant, except that landlord does
not include a tenant who sublets a unit.
"Multi-unit residence"
means property containing two or more units, including, but
not limited to, apartment buildings, condominium complexes, senior
and assisted living facilities, group homes, long-term health care
facilities, mobile home parks, and campgrounds. Multi-unit residences
do not include the following:
(1)
A single-family home, except if used as a child care, group
home, or health care facility subject to licensing requirements; and
(2)
A single-family home with a detached or attached accessory dwelling
unit, except if used as a child care or health care facility subject
to licensing requirements.
"Non-profit entity"
means any corporation, unincorporated association or other
entity created for charitable, philanthropic, educational, character-building,
political, social or other similar purposes, the net proceeds from
the operations of which are committed to the promotion of the objectives
or purposes of the entity and not to private gain. A public entity
is not a 'non-profit entity' within the meaning of this section.
"Person"
means any individual, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
"Place of employment"
means any enclosed area under the control of a public or
private employer which employees normally frequent during the course
of employment, including, but not limited to, work areas, employee
lounges and rest rooms, conference and classrooms, employee cafeterias
and hallways. A private residence is not a "place of employment" unless
it is used as a child care or health care facility.
"Public entity"
means any county, municipality, school or special district
or political subdivision of the State, to the extent such public entity
is subject to the jurisdiction of the City.
"Public place"
means any enclosed area to which the public is invited or
in which the public is permitted, including, but not limited to, banks,
educational facilities, health facilities, shopping malls, laundromats,
public transportation facilities, reception areas, restaurants, retail
food production and marketing establishments, retail service establishments,
retail stores, hotels and motels, theaters and waiting rooms. A private
residence is not a "public place."
"Restaurant"
means any coffee shop, cafeteria, sandwich stand, private
and public school cafeterias, including any associated outdoor eating
area, and any other eating establishment which gives or offers for
sale food to the public, guests, or employees, as well as kitchens
in which food is prepared on the premises for serving elsewhere, including
catering facilities, except that the term "restaurant" shall not include
a "bar."
"Retail tobacco store"
means a retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental.
"Service line"
means any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
"Smoking"
means vaping, inhaling, exhaling, burning or carrying any
lighted, activated, or openly burning cigar, cigarette, electronic
cigarette, weed, plant, combustible substance, or other mechanical
or electronic device used for consuming tobacco, tobacco products,
or any other weed or plant in any manner or in any form.
"Sports arena"
means enclosed sports pavilions, gymnasiums, health spas,
swimming pools, roller and ice rinks, bowling alleys and other similar
places where members of the general public assemble either to engage
in physical exercise, participate in athletic competition, or witness
sports events.
"Tobacco product"
means any tobacco cigarette, cigar, pipe tobacco, smokeless
tobacco, snuff or any other form of tobacco which may be utilized
for smoking, chewing, inhalation or other manner of ingestion.
"Tobacco vending machine"
means any electronic or mechanical device or appliance the
operation of which depends upon the insertion of money, whether in
coin or paper accuracy, or other things representative of value, which
dispenses or releases a tobacco product.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 1, Ord. 704, eff. April 7, 1994, and § 1, Ord. 899, eff. July 25, 2019)
(a) Except
as otherwise provided, smoking shall be prohibited in all public places
within the City, including, but not limited to, the following areas:
(1) All areas available to and customarily used by the general public
in all public, business and non-profit entities patronized by the
public, including, but not limited to, offices (such as attorneys,
doctors, and other professionals), banks, retail stores and shopping
malls;
(2) Buses, trolleys, taxicabs and other means of public transit provided
by or under the authority of the City, and in ticket, boarding and
waiting areas of public transit depots;
(6) Libraries, museums and galleries;
(7) All reception and waiting areas;
(8) Waiting rooms, dining rooms, recreation rooms, lounges, hallways,
wards and semiprivate rooms of private and public health facilities,
including, but not limited to, hospitals, clinics, physical therapy
facilities, senior care facilities, drug and alcohol treatment facilities,
and doctors' and dentists' offices;
(9) Child day care facilities as defined in the California Health and
Safety Code and private residences while used as a family day care
home or group home;
(10) Within any facility which is primarily used for, or designed for
the primary purpose of exhibiting any motion picture, stage drama,
lecture, musical recital or other similar performance, except to the
extent smoking is part of a stage production;
(11) Video arcades, bingo parlors, game rooms, pool halls, and other amusement
and entertainment centers;
(12) Sports arenas, health and fitness clubs, auditoriums, and other facilities
used for sports, recreation and fitness purposes;
(13) Bowling centers, including, but not limited to, bowling lanes, bowlers'
settees, visitors' settees and concourses;
(14) Rooms, chambers, halls, or other places used for public meetings
or public assembly, during such time as a public meeting is in progress;
(15) Restaurants, including outdoor seating areas;
(16) Retail food marketing establishments, including, but not limited
to, grocery stores and super-markets;
(17) Beauty and personal care salons and barber shops;
(20) Hotel and motel facilities, except as provided in Section
5-10.07;
(b) Notwithstanding
any other provision of this section, any owner, operator, manager,
or other person who control any establishment or facility may declare
that entire establishment or facility as a non-smoking establishment,
whether enclosed or not.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 2, Ord. 899, eff. July 25, 2019)
(a) Smoking is prohibited in all of the following, except as permitted under Section
5-10.07:
(1) Units in a multi-unit residence;
(2) Exclusive-use enclosed areas associated with a multi-unit residence,
such as a private balcony, porch, deck, or patio;
(3) Common areas in a multi-unit residence complex, except in a designated
smoking area.
(§ 4, Ord. 899, eff. July 25, 2019)
(a) Smoking
is prohibited in all enclosed places of employment. Each employer
associated with each such place of employment shall make reasonable
efforts, as necessary, to ensure that all enclosed areas in the place
of employment controlled by such employer are free from tobacco smoke
or other smoke emanating from smoking products.
(b) All
employers shall comply with these non-smoking provisions and shall
be responsible for their implementation in their places of employment.
(c) Employers shall post "No Smoking" signs in accordance with Section
5-10.11 of this chapter.
(d) Places
of employment exempt from the prohibition on smoking in other sections
in this chapter shall be exempt from this section.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 3, Ord. 899, eff. July 25, 2019)
Smoking shall be restricted in Libbey Bowl and other outdoor
City recreational and entertainment facilities, including, but not
limited to, ball fields, sports arenas, children's play areas, swimming
pools, and outdoor theaters where the general public assembles to
either engage in physical exercise, participate in athletic competition
or witness sports or entertainment events; provided, however, that
smoking may be permitted in unenclosed areas of these facilities designated
for smoking by the City.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 5, Ord. 899, eff. July 25, 2019)
Notwithstanding any other provisions of this chapter to the
contrary, the following areas shall not be subject to the smoking
restrictions of this chapter:
(a) Single-family
homes, except when used as a child care or health care facility or
group home;
(d) Dwellings
used for home occupations;
(e) Hotel
and motel rooms with separate ventilation systems rented to guests
provided each hotel and motel designates not less than 50% of its
guest rooms as non-smoking rooms;
(f) Conference
or meeting rooms, and public and private assembly rooms while these
places are being used for private functions provided these rooms are
equipped with separate ventilation systems, while these places are
being used for private functions. However, 50% of these areas will
be designated non-smoking;
(g) An
enclosed place of employment which employs only the owner and no other
employee provided that the place of employment is not a public place
and does not share a ventilation system with any other enclosed place
of employment or public places;
(h) Bar areas within restaurants provided that such areas meet the separation standards enumerated in subdivisions (1) through (3) of this subsection an
d provided that the restaurant/bar intends to comply with these standards. The intent to comply shall be demonstrated by the restaurant/bar owner in the following manner:
(1) The bar must have a separate ventilation system from the restaurant,
(2) There must be a wall or walls with no penetration between the two
uses. A doorway may penetrate the wall if the doorway contains a door,
(3) If a bar and restaurant are both attached through a kitchen or other
space, that space must be equipped with a separate ventilation system
or vented through the restaurant ventilation system;
(i) Designated
smoking areas in multi-unit residences;
(j) Units
within multi-unit residences with separate ventilation systems.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 6, Ord. 899, eff. July 25, 2019)
No cigarette or other tobacco product may be sold, offered for
sale, or distributed by or from a tobacco vending machine or other
device designed or used for vending purposes, except from vending
machines located on premises which have either a type 61, type 42
or type 48 license from the Department of Alcoholic Beverage Control.
Each tobacco vending machine must be located at least 25 feet from
any entry into the premises. The provisions of this section shall
become effective 180 days after the effective date of this chapter.
(§ 1, Ord. 703, eff. February 12, 1994 , as amended by § 7, Ord. 899, eff. July 25, 2019)
(a) Any
person in the business of selling or otherwise distributing or marketing
cigarettes or other tobacco or smoking products for commercial purposes
shall post plainly visible signs at the point of purchase of tobacco
products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO I.D. IS REQUIRED."
The letters of said signs should be at least one-quarter inch high.
(b) No
person in the business of selling or otherwise distributing or marketing
cigarettes or other tobacco or smoking products for commercial purposes
shall in the course of such business distribute any cigarette or other
tobacco product, or coupon, certificate, or other written material
which may be redeemed for tobacco products without charge, to any
person on a public street or sidewalk or in a public park or on other
public grounds.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 8, Ord. 899, eff. July 25, 2019)
No person shall sell or offer for sale cigarettes or other tobacco
or smoking products not in the original packaging provided by the
manufacturer and with all required health warnings.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 9, Ord. 899, eff. July 25, 2019)
The City Manager or designee, in conjunction with the Ventura
County Department of Health, shall engage in a continuing program
to explain and clarify the purposes and requirements of this chapter
to citizens affected by it, and to guide landlords, owners, operators,
employers and managers in their compliance with it. Such program may
include publication of a brochure for affected businesses and individuals
explaining the provisions of this chapter.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 10, Ord. 899, eff. July 25, 2019)
(a) "No
Smoking" signs or 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) shall be clearly, sufficiently
and conspicuously posted in every building or other place where smoking
is regulated by this chapter, by the landlord, owner, operator, manager,
employer or other person having control of such building or other
place.
(b) Every
restaurant shall have posted within every entrance a conspicuous sign
clearly stating that smoking is prohibited.
(c) Every
hotel and motel shall have signs posted conspicuously in the registration
and lobby areas which state that non-smoking rooms are maintained
and may be available; rooms designated as being nonsmoking shall have
signs designating such restriction conspicuously placed within the
room.
(d) The posting of signs pursuant to this section shall be exempt from the provisions of Chapter 6 of Title
9 of this Code.
(e) The
City Manager may adopt such regulations as are reasonably necessary
to carry out the purpose and intent of this section.
(f) The
absence of signs shall not be a defense to a violation of any provision
of this chapter.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 11, Ord. 899, eff. July 25, 2019)
(a) On
the effective date of the ordinance adding this section, the following
regulations apply:
(1) The landlord will not permit the presence of ash trays, ash cans,
or other receptacles designed for, or primarily used for, the disposal
of smoking waste within any common area, except in a designated outdoor
smoking area.
(2) The landlord shall provide written notice to all tenants whose units are governed by an existing lease restating Section
5-10.04 and describing their rights to submit written complaints to the landlord under Section
5-10.13(a)(4)5-10.13(a)(4) or to the City Manager under Section
5-10.14(c). If the landlord has created a designated smoking area, the landlord must include a floor plan of the building in the notice identifying the location of the designated smoking area. The landlord does not need to comply with this provision if smoking is already prohibited in all common areas and units in the multi-unit residence.
(3) Every new lease shall include a provision substantially consistent with the following: "Ojai Municipal Code Chapter 5-10 prohibits smoking in all units, exclusive use enclosed areas, and common areas in a multi-unit residence, except as permitted under Section
5-10.07. It is a material breach of this lease for the tenant, or any other person subject to the control of the tenant or resident by invitation or permission of the tenant, to engage in vaping, inhaling, exhaling, or burning any electronic cigarette, lighted cigar, cigarette, weed, plant, combustible substance, or mechanical or electronic device in any manner or in any form on the property, or to violate any law regulating smoking while anywhere on the property. Violations are punishable under Ojai Municipal Code Section 5-10.15."
(4) Upon receiving a signed written complaint regarding prohibited smoking,
the landlord must provide a warning to the offending tenant, stating
that the tenant may be evicted if three or more complaints are received.
Upon receiving a third signed, written complaint against the offending
tenant, the landlord may evict the tenant or pursue other legal remedies
available. The landlord must maintain copies of the written complaints
and make them available to the City upon request.
(b) If
the landlord has fully complied with Chapter 5-10, the landlord shall
not be criminally or civilly liable to any person for a person's breach
of any smoking provision while in the multi-unit residence.
(c) A
landlord's failure to enforce any smoking regulation of a lease agreement
on one or more occasions does not constitute a waiver of the lease
or agreement provisions required by this section, and does not prevent
future enforcement of the lease or agreement provisions required by
this section.
(§ 12, Ord. 899, eff. July 25, 2019)
(a) Notice
of the provisions set forth within this chapter shall be given to
all applicants for a business license.
(b) Enforcement
of this chapter shall be implemented by the City Manager or designee.
(c) Any
citizen who desires to register a complaint under this chapter may
initiate enforcement with the City Manager or designee.
(d) Notwithstanding
any other provisions of this chapter, a private citizen may bring
legal action to enforce this chapter.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 13, Ord. 899, eff. July 25, 2019)
(a) It
shall be unlawful for any person who owns, manages, operates or otherwise
controls the use of any premises subject to regulation under this
chapter to fail to comply with any of its provisions.
(b) It
shall be unlawful for any person to smoke in any area where smoking
is prohibited by the provisions of this chapter.
(c) Any
person, employer, business, tobacco retailer, landlord, owner, manager
or operator of any establishment subject to this chapter who violates
any provision of this chapter, shall be deemed guilty of an infraction
at the discretion of City authorities and, upon conviction thereof,
shall be subject to the following schedule of penalties: a maximum
of $100 for the first offense; a maximum of $200 for the second offense;
a maximum of $500 for every offense thereafter. Such person, employer,
business, tobacco retailer, landlord, or owner, manager or operator
shall be deemed guilty of a separate offense for each and every day
during any portion of which any violation of this chapter is committed,
continued or permitted and shall be punishable as provided in this
section. The provisions of this section are in addition to and independent
of any other sanctions which are or may be imposed under this chapter
or any other provision of law.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 14, Ord. 899, eff. July 25, 2019)
No person or employer shall discharge, refuse to hire or in
any manner retaliate against any employee or applicant for employment
because such employee or applicant exercises any right to a smoke-free
environment afforded by this chapter.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 15, Ord. 899, eff. July 25, 2019)
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable law.
(§ 1, Ord. 703, eff. February 12, 1994, as amended by § 16, Ord. 899, eff. July 25, 2019)