In order to protect the public health, safety and welfare, to reduce unwanted and unwelcome exposure to secondhand smoke, to assure a cleaner and more hygienic environment for the city, its residents, and visitors, to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children and persons with existing respiratory conditions, the declared purposes of this chapter are to prohibit smoking in certain areas which are used by or open to the public and to prohibit smoking waste in those areas.
(Ord. 724-16 § 2, 5-10-2016)
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, joint venture, corporation, or other business entity conducted for profit or nonprofit purposes including, but not limited to, retail establishments where goods or services are sold as well as entities where legal, medical, dental, engineering, architectural, or other professional services are offered or delivered.
"Common area at a shopping mall"
means any indoor or outdoor common area of a shopping mall accessible to and usable by the occupants or customers of the establishment and including, but not limited to, halls, lobbies, outdoor eating areas, play areas and parking lots.
"Electronic smoking device"
means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
"Entryway"
means the primary place(s) of public access to a business, playground, recreational area, or shopping mall.
"Person"
means an individual.
"Playground"
means any publicly or privately owned park or recreational area designed in part to be used by children that has play or sports equipment installed, or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on city property.
"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, plazas, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, stadiums and skateboard parks.
"Service area"
means any publicly or privately owned area 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.
"Shopping mall"
means any parcel of land zoned and used for retail sales by more than one retailer that is jointly operated or which includes shared parking facilities.
"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 resulting combustion products, including but not limited to tobacco smoke, cigarette smoke, marijuana smoke, gas, aerosol or vapor released by the ignition of electronic smoking devices. "Smoke" does not include the products of combustion of incense or similar products when used solely for olfactory purposes and not containing tobacco or nicotine.
"Smoking"
means engaging in any act, conduct or process that generates tobacco smoke, including but not limited to: a lighted pipe, cigar, or cigarette of any kind; hookah pipe; an operating electronic smoking device or a lighted smoke inhalation device of any kind that generates smoke of any kind, from tobacco, marijuana, or any other weed or plant.
"Tobacco product"
means (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and (2) any electronic smoking device. (3) Notwithstanding any provision of subsections (1) and (2) of this definition to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sales as tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
(Ord. 724-16 § 2, 5-10-2016)
Smoking is prohibited within 20 feet of any entryway.
Smoking is prohibited in any common area at a shopping mall, playground, recreational area or service area.
Smoking is prohibited in and within 20 feet of any building owned, controlled and/or maintained by the city.
The above prohibitions are in addition to, and not in place of, any prohibitions and limitations on smoking and tobacco use imposed by California law.
(Ord. 724-16 § 2, 5-10-2016)
The city may designate areas of outdoor property under its control within which smoking is permitted. Such designated smoking areas shall be determined by the city council and shall be clearly marked. The city council shall have the authority to modify or withdraw any such designation.
(Ord. 724-16 § 2, 5-10-2016)
No person shall dispose of lighted or unlighted cigars or cigarettes, or cigar or cigarette butts, or any other tobacco-related waste, within 20 feet of any entryway, except in a receptacle clearly provided and marked for such disposal.
No person shall dispose of lighted or unlighted cigars, cigarettes, electronic smoking devices or cigar or cigarette butts, or any other smoking-related waste in any common area at a shopping mall, playground, recreational area or service area except in a receptacle clearly provided and marked for that purpose.
(Ord. 724-16 § 2, 5-10-2016)
A person or business that has legal or de facto control of an area in which smoking is prohibited may, but is not required to, post a clear and unambiguous "No Smoking" or "Smokefree" sign at a conspicuous point within the nonsmoking area. Signage exemplars will be made available by the city.
To the extent practical, the city may post clear and unambiguous "No Smoking" or "Smokefree" signs at conspicuous points within nonsmoking areas under its control.
(Ord. 724-16 § 2, 5-10-2016)
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. Any peace officer or code enforcement official may enforce this chapter. Any person who violates any provisions of this chapter shall be guilty of an infraction punishable by:
(1) 
A fine not to exceed $100.00 for a first violation.
(2) 
A fine not to exceed $200.00 for a second violation of this chapter within any 12-month period.
(3) 
A fine not to exceed $500.00 for each additional violation of this chapter within any 12-month period.
Nothing in this chapter shall be construed as providing a private right of action.
(Ord. 724-16 § 2, 5-10-2016)