The city council finds that:
A. 
The U.S. Environmental Protection Agency has determined that tobacco smoke is the major contributor of particulate indoor air pollution; and
B. 
Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard, in particular for elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function; including asthmatics and those with obstructive airway disease; and
C. 
Health hazards induced by breathing sidestream or secondhand smoke include heart disease, lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm; and
D. 
Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and
E. 
The smoking of tobacco, or any other weed or plant, is a danger to health; and
F. 
The health care costs and lost productivity incurred by smoking-related disease and death represent a heavy and avoidable financial drain on our community; and
G. 
The free distribution of cigarettes and other tobacco products encourages people to begin smoking and using tobacco products, and tempts those who had quit smoking to begin smoking again; and
H. 
Free distribution of cigarettes and other tobacco products promotes unsightly litter, thereby increasing the costs to the public in cleaning the streets; and also causes pedestrian traffic congestion; and
I. 
The U.S. Food and Drug Administration has determined that some electronic cigarettes, which deliver an inhalable dose of nicotine or other chemicals by vaporized solution, contain carcinogens and toxic chemicals such as diethylene glycol, an ingredient used in antifreeze; and
J. 
According to the U.S. Food and Drug Administration, the safety and efficacy of electronic cigarettes has not been fully studied, and for that reason non-users of electronic cigarettes exposed to smoke or vapor from electronic cigarettes have no way of knowing whether or to what extent such exposure is safe; and
K. 
The use of electronic cigarettes in public places and places of employment complicates efforts to enforce and comply with smoke-free regulations; and
L. 
Smoking is initiated and established primarily during adolescence, where nearly nine out of 10 smokers started smoking by age 18, and 99 percent started by age 26; and
M. 
According to the U.S. Centers for Disease Control and Prevention, the number of students in grades 6 through 12 reporting having ever used an e-cigarette doubled from 3.3 percent to 6.8 percent from 2011 to 2012.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 14-1382 § 2, 2014)
The purpose of this chapter includes, but is not limited to, generally promoting the health, safety and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; and by affirming and promoting a healthy environment in the city.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 14-1382 § 3, 2014; Ord. 25-1530 § 2, 2025)
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
"Area open to the public"
means any area available to and customarily used by the general public.
"Bar"
means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. "Bar" includes those facilities located within a hotel, motel or other similar transient occupancy establishment. However, when located within a building in conjunction with another use, including a restaurant, bar includes only those areas used primarily (more than half of the total gross sales are derived from the sale and service of alcoholic beverages) for the sale and service of alcoholic beverages. "Bar" does not include the dining areas of a restaurant, regardless of whether alcoholic beverages are served therein.
"Business"
means any sole proprietorship, partnership, joint venture, corporation, association, landlord, or other entity formed for profit-making purposes. A business also includes owner-operated entities with no employees in which the owner is the only worker.
"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, but not limited to, 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.
"Distribute"
means to give, sell, deliver, dispense, issue or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
"Electronic smoking device"
means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
"Employee"
means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
"Employer"
means any business or nonprofit entity that retains the service of one or more employees.
"Enclosed area"
means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
"General public"
means shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity.
"Multi-unit residence"
means property containing two or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities. Multi-unit residences do not include the following:
1. 
A hotel or motel that meets the requirements of California Civil Code Section 1940(b)(2);
2. 
A mobile home park;
3. 
A campground;
4. 
A marina or port;
5. 
A single-family home, except if used as a health care facility subject to licensing requirements; and
6. 
A single-family home with an accessory dwelling unit or second unit permitted pursuant to California Government Code Section 65852.1, 65852.2, or 65852.22 or an ordinance of the city adopted pursuant to those sections, except where the accessory dwelling unit or second unit is used as a health care facility subject to licensing requirements.
"Outdoor dining area"
means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.
"Person"
means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.
"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.
"Recreational area"
means any publicly or privately owned area that is 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, facilities, parks, playgrounds, athletic fields, restrooms, picnic areas, spectator and concession areas, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, and aquatic 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, areas including or within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.
"Smoke" or "smoking"
means:
1. 
Inhaling, exhaling, or burning any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;
2. 
Carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or
3. 
Using an electronic smoking device or hookah.
"Sports arena"
means sports pavilions and stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, halls and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.
"Tobacco product"
means:
1. 
Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
2. 
Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
3. 
Any component, part, or accessory of subsection (1) or (2) of this definition, whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
"Tobacco product"
does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
"Unenclosed area"
means any area that is not an enclosed area.
"Unit"
means a personal dwelling space, even one lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use area, such as a private balcony, porch, deck, or patio. "Unit" includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living facility, community care facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single-room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an accessory dwelling unit or second unit.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 14-1382 §§ 4, 5, 2014; Ord. 25-1530 § 3, 2025)
A. 
Smoking is prohibited in all buildings, vehicles or other enclosed areas occupied by city employees, owned or leased by the city, or otherwise operated by the city.
B. 
Smoking is prohibited within the boundaries of any city park or recreation area.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 14-1382 § 6, 2014)
Smoking is prohibited in the following enclosed areas within the city:
A. 
Places of employment;
B. 
Public places;
C. 
Private residences during hours of operation when used as child care or health care facilities;
D. 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 14-1382 § 7, 2014; Ord. 25-1530 § 4, 2025)
Smoking is prohibited in the following unenclosed areas within the city:
A. 
Places of employment;
B. 
Recreational areas;
C. 
Outdoor dining areas;
D. 
Service areas; and
E. 
Public places when being used for a public event, including a farmer's market, parade, craft fair, or any event which may be open to or attended by the general public; provided, that smoking 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.
(Ord. 25-1530 § 5, 2025)
A. 
Smoking is prohibited within 25 feet of entrances, exits, open windows, and ventilation intake systems into an enclosed area in which smoking is prohibited under PMC § 8.20.050 except while actively passing on the way to another destination and provided smoke does not enter any area in which smoking is prohibited.
B. 
Smoking in all unenclosed areas is prohibited within 25 feet from any unenclosed areas in which smoking is prohibited under PMC § 8.20.055, except while actively passing on the way to another destination and provided smoke does not enter any area in which smoking is prohibited.
C. 
The smoking prohibitions in PMC § 8.20.055 shall not apply to unenclosed areas on private residential properties that are not multi-unit residences.
(Ord. 25-1530 § 6, 2025)
A. 
Pursuant to Labor Code Section 6404.5(c), no employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.
B. 
The provisions of this chapter shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995)
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. 
A private residence that is not a multi-unit residence or covered by PMC § 8.20.050(C);
B. 
"Private smokers' lounges,"
which are enclosed areas in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco or smoking products, including, but not limited to, cigars and pipes;
C. 
Repealed by Ord. 1382;
D. 
Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 14-1382 §§ 7, 8, 2014; Ord. 25-1530 § 7, 2025)
A. 
Beginning January 1, 2026, smoking is prohibited anywhere on the premises of a multi-unit residence, including units, enclosed or unenclosed common areas, other outdoor areas, or within 25 feet of any operable doorway, window, opening, or vent of a multi-unit residence.
B. 
Notwithstanding subsection (A) of this section, smoking is permitted in designated smoking areas if they meet the following conditions:
1. 
Must be an unenclosed area;
2. 
Must be at least 25 feet from any:
a. 
Outdoor recreation area such as a tennis court, swimming pool, or picnic area; and
b. 
Outdoor area primarily used by children such as a playground; and
c. 
Operable doorway, window, opening or other vent into an enclosed area that is located at the multi-unit residence and is a nonsmoking area;
3. 
Have receptacles designed for and primarily used for disposal of tobacco waste and that are maintained free of tobacco-related litter;
4. 
Must have a clearly marked perimeter; and
5. 
Must be identified by conspicuous signs.
C. 
No person with legal control over any nonsmoking area of a multi-unit residence shall permit smoking in the nonsmoking area, except as provided in subsection (B) of this section.
D. 
No person with legal control over a common area in which smoking is prohibited by this chapter or other law shall permit the presence of ashtrays, ashcans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.
E. 
Smoking is prohibited in adjacent unenclosed property within 25 feet in any direction of any doorway, window, opening, or other vent into an enclosed area of a multi-unit residence.
F. 
"No Smoking"
signs shall be posted as required by PMC § 8.20.080, but are not required inside any unit of a multi-unit residence. Signs shall be maintained by the person or persons with legal control over the common areas or the authorized representative of such person.
(Ord. 25-1530 § 8, 2025)
"Smoking" or "No Smoking"
signs, whichever are appropriate, with letters of not less than one inch in height 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 controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 25-1530 § 9, 2025)
A. 
No person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco products for commercial purposes shall in the course of such business distribute, or direct, authorize or permit any agent or employee to distribute: (1) any cigarette or other tobacco product, including any smokeless tobacco product; or (2) coupons, certificates or other written material which may be redeemed for tobacco products without charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building.
B. 
No agent or employee of any person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco products for commercial purposes shall in the course of such business distribute: (1) any cigarette or other tobacco product; or (2) coupons, certificates or other written material which may be redeemed for tobacco or smoking products without charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building.
C. 
For purposes of this section, "public ground" and "public building" include sports arenas as defined in PMC § 8.20.030 and any entertainment facility whether enclosed or not for which a charge is made for admission, whether publicly or privately owned.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 14-1382 § 9, 2014; Ord. 25-1530 § 11, 2025)
A. 
Administration of this chapter shall be by the city manager or his designee.
B. 
Any citizen may register a complaint for an alleged violation of this chapter with the city manager.
C. 
Any owner, manager, operator or employer of any establishment controlled by this chapter may inform persons violating this chapter of the appropriate provisions hereof.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995)
A. 
It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to properly post signs required hereunder.
B. 
It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. 
Any person or business who violates subsection (A) or (B) of this section, or any other provision of this chapter, shall be guilty of an infraction, punishable as provided in PMC § 1.12.020 and subject to administrative citations as set forth in PMC § 1.20.030.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 25-1530 § 13, 2025)
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 rights afforded by this chapter. No person or landlord shall terminate a tenancy, or modify the terms of a tenancy, or in any manner retaliate against any tenant because such tenant makes a complaint regarding violation of this chapter or exercises any rights granted to him or her under this chapter.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 25-1530 § 14, 2025)
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable state or federal laws, including but not limited to California Labor Code Section 6404.5, unless the applicable state or federal law does not preempt additional local regulation.
(Ord. 1087 § 2, 1994; Ord. 1098 § 1, 1995; Ord. 25-1530 § 15, 2025)