[Ord. No. 1822, 10-1-2025]
This chapter is adopted pursuant to the City's police powers and the authority granted by California Health and Safety Code §§ 104420 and 104495 and Government Code § 36900 et seq. Its purpose is to safeguard the public health, comfort, and environment by regulating exposure to secondhand smoke in public places and multi-unit residences.
[Ord. No. 1822, 10-1-2025]
For purposes of this chapter, the following words and phrases shall have the meanings set forth below:
ADMINISTRATOR
The City Manager or their designee.
ELECTRONIC SMOKING DEVICE
Any device that can be used to aerosolize, vaporize, or otherwise deliver nicotine or any other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, vape pen, or electronic cigar, and any component, part, or accessory of such a device.
MULTI-UNIT RESIDENCE
Property containing two or more residential units, including apartments, condominiums, townhomes, senior-living facilities, and long-term-care homes, regardless of ownership pattern.
OUTDOOR DINING AREA
Any outdoor area, whether publicly or privately owned, that is used or intended to be used for consuming food or beverages.
PUBLIC PLACE
Any place, public or private, that is open and accessible to the general public, including but not limited to streets, sidewalks, plazas, parks, recreational areas, outdoor dining areas, public event venues, and service areas.
RECREATIONAL AREA
Any park, playground, sports field, trail, or similar facility open to the public for recreational purposes; provided, however, that golf-course grounds are excluded from this definition for purposes of this chapter.
SERVICE AREA
Any area where a service is offered or where one or more persons wait to obtain a service, whether or not such service includes the exchange of money, including but not limited to bus stops, rideshare pick-up zones, cab stands, ATM lines, and ticket or retail queues.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated tobacco, cannabis, or other plant product intended for inhalation, whether natural or synthetic, and whether in cigarettes, cigars, pipes, hookahs, or any other form. "Smoking" includes the use of an electronic smoking device.
TOBACCO PRODUCT
Any product containing, made of, or derived from tobacco or nicotine, natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, and any component or accessory of such a product.
UNENCLOSED AREA
Any area that is not enclosed by a permanent roof and walls on all sides, or that has at least one permanent doorway or window that can be opened to the outdoors.
[Ord. No. 1822, 10-1-2025]
Smoking is prohibited in the following locations and within twenty-five (25) feet thereof unless a greater distance is required by this chapter or state law:
(A) 
All outdoor dining areas.
(B) 
All service areas.
(C) 
All recreational areas, except golf-course grounds as provided in Section 107.05(D).
(D) 
Any public place during a City-permitted special event or assembly.
(E) 
Within twenty-five (25) feet of any entrance, exit, operable window, or air-intake vent of any building, including a multi-unit residence.
(F) 
Within any multi-unit residence in accordance with Section 107.06.
(G) 
Any other unenclosed area that the Administrator designates as smoke-free to protect the public health.
[Ord. No. 1822, 10-1-2025]
No person shall discard any tobacco product, cannabis product, ash, or other smoking waste in any public place or on any private property not the person's own except in a non-combustible, closed receptacle designed for that purpose.
[Ord. No. 1822, 10-1-2025]
The prohibitions of this chapter shall not apply to:
(A) 
Unenclosed areas of single-family detached residences when such areas are not open to the public or being used for a business purpose.
(B) 
A moving private passenger vehicle that is not parked or idling in a service area.
(C) 
The ceremonial use of tobacco or other plant products by Indigenous persons as part of their traditional spiritual or cultural practices.
(D) 
Outdoor areas of golf courses while the course is in use for the game of golf, provided that smoking waste is disposed of in non-combustible receptacles and no other smoking prohibition under state law applies.
(E) 
Private Smoking Events. Smoking may occur solely within the boundaries of a private smoking event when all of the following requirements are satisfied. This exemption is self-effectuating and applies only if each condition is met at all times during the event.
(1) 
Private, Invitation-Only Attendance. The event is not open to the general public. Attendance is by invitation or pre-registration only, with controlled access at all entry points.
(2) 
Age Restrictions.
(a) 
Cigar/Tobacco Events: All attendees must be at least eighteen (18) years of age, unless a higher minimum applies under state law.
(b) 
Cannabis Events: All attendees, workers, and vendors must be twenty-one (21) years of age or older.
(3) 
Location, Enclosure, and Visibility.
(a) 
Smoking shall occur only within an enclosed or clearly barricaded event area delineated by temporary fencing, stanchions, walls, or equivalent barriers, with monitored entry points.
(b) 
Smoking shall not be visible from any public place or non-participant area at ground level.
(4) 
Odor, Ventilation, and Setbacks. The organizer shall implement measures sufficient to prevent detectable smoke or odor at the property line and to protect occupants of adjacent properties.
[Ord. No. 1822, 10-1-2025]
(A) 
This section shall be effective on and after January 1, 2026.
(B) 
Smoking is prohibited in every unit of a multi-unit residence, whether the unit is rented or owned.
(C) 
Smoking is prohibited in all indoor and outdoor common areas of a multi-unit residence, including but not limited to hallways, lobbies, laundry rooms, parking areas, recreation rooms, pools, courtyards, balconies, patios, and porches.
(D) 
Smoking is prohibited within twenty-five (25) feet of any doorway, window, opening, or vent of a multi-unit residence.
[Ord. No. 1822, 10-1-2025]
(A) 
Every property owner, manager, or controlling agent shall ensure compliance with this chapter on the premises under their control.
(B) 
Required measures include, but are not limited to:
(1) 
Removing all ashtrays and other smoking paraphernalia from any area where smoking is prohibited;
(2) 
Conspicuously posting "No Smoking" or "Smoke-Free Area" signs, at a minimum, at every primary entrance and in sufficient number to give reasonable notice; and
(3) 
Providing tenants, employees, and event patrons with written notice of the prohibitions.
(C) 
A property owner or operator may request the Administrator's written approval of a designated smoking area at a large outdoor venue, subject to conditions necessary to protect public health and prevent litter.
[Ord. No. 1822, 10-1-2025]
(A) 
Enforcement Authority. This chapter shall be enforced by any peace officer or other person authorized to enforce the Indio Municipal Code.
(B) 
Administrative Citation. A violation of this chapter is an infraction punishable by an administrative fine as follows:
(1) 
One hundred dollars ($100) for a first violation within any twelve-month period;
(2) 
Two hundred dollars ($200) for a second violation within the same twelve-month period; and
(3) 
Five hundred dollars ($500) for each additional violation within the same twelve-month period.
(C) 
Each separate instance and each day during which a violation continues shall constitute a separate violation.
(D) 
Other Remedies. The City may pursue any available legal or equitable remedy, including but not limited to public-nuisance abatement under Government Code §§ 38773 through 38773.5 and suspension or revocation of City permits and licenses.
(E) 
Regulations. The Administrator may adopt rules and regulations and approve forms to implement and enforce this chapter.
[Ord. No. 1822, 10-1-2025]
No person shall discharge, refuse to hire, or in any manner retaliate against any individual who exercises any right under this chapter or who seeks to enforce its provisions.
[Ord. No. 1822, 10-1-2025]
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons and circumstances shall not be affected thereby.