Chapter 8.08
SMOKING IN PUBLIC PLACES
Sections:
8.08.010 Purpose of provisions.
8.08.030 Enclosed places where smoking is prohibited.
8.08.040 Unenclosed places where smoking is prohibited.
8.08.050 Areas exempt from restrictions.
8.08.060 Posting requirements.
8.08.070 Restrictions and prohibitions for tobacco retailers.
8.08.080 Nonsale distribution of tobacco products.
8.08.090 Enforcement of provisions.
8.08.100 Retaliation prohibited.
8.08.110 Chapter provisions not exclusive.
8.08.010 Purpose of provisions.
The purposes of this chapter are:
A. To protect the public health and welfare by regulating smoking in public places and places of employment and to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breath smoke-free air, and to recognize that, when these needs conflict, the need to breathe smoke-free air shall have priority; and
B. To prohibit the use of specified retail practices for the marketing of tobacco products which make such products less expensive and otherwise more attractive to youth. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 1, 1989)
8.08.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:
“Bar” means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
“City” means the city of Cloverdale, state of California.
“Dining area” means any area, including streets and sidewalks, which is available to or customarily used by the general public, and which is designed, or regularly used, for consuming food or drink.
“Cannabis” and “cannabis products” have the same meaning as set forth in California Health and Safety Code Sections 11018 and 11018.1, as the same may be amended from time to time.
“Electronic smoking device” means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine, cannabis, or other substances.
“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. “Electronic smoking device” does not include any product specifically approved by the United States Food and Drug Administration for the use in the mitigation, treatment, or prevention of disease.
“Employee” means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
“Employer” means any person, partnership, corporation, including municipal corporation, who employs the services of one or more persons.
“Enclosed” means closed in by roof and four walls with appropriate openings for ingress and egress.
“Multi-unit residence” means property containing two or more units excluding single-family residential property with an accessory dwelling unit.
“Multi-unit residence common area” means any 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, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, laundry facilities, picnic areas and other shared eating areas, playgrounds, swimming pools, gym facilities, parking garages, parking lots, and shared restrooms and shared cooking areas.
“Nonsale distribution” means to give tobacco products to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, or rebate offers, in connection with the sale of another item, including tobacco products.
“Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the state of California in accordance with the California Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
“Place of employment” means any enclosed or unenclosed area under the control of a public or private employer that an employee or the general public may have cause to enter in the normal course of operations including, but not limited to, work areas, employee lounges, conference and banquet rooms, construction sites, taxis, vehicles used in employment for work purposes, and warehouses. A private residence is not a place of employment for purposes of this chapter, unless it is used as a child care or health care facility.
“Public place” means any area, publicly or privately owned, which is open to the general public regardless of any fee or age requirement, including but not limited to streets, sidewalks, plazas, and courtyards; clubhouses, meeting halls, and community centers; elevators, restrooms, lobbies, public hallways, and waiting rooms; banks, retail stores, galleries, aquariums, libraries and museums; bars, restaurants, and clubs; and taxis and buses.
“Recreational area” means any area that is publicly or privately owned and which 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, parks, picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, skateboard parks and amusement parks.
“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 adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, and cab stands.
“Smoke” means the gases, particles or vapors released into the air by combustion, electronic ignition or vaporization when the apparent or usual purpose of the combustion, electronic ignition or vaporization is human inhalation of the resulting combustion products, including but not limited to tobacco smoke, cigarette smoke, cannabis smoke, and gases, aerosol or vapor released by the ignition of e-cigarettes or e-devices. “Smoke” does not include the product of combustion of incense or similar products when used solely for olfactory purposes and not containing tobacco or nicotine.
“Smoking” means the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, including, but not limited to, pipes, cigars or cigarettes containing tobacco or cannabis, and including an electronic cigarette or electronic or battery-operated smoking device, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke or vapor of a pipe, cigar, or cigarette of any kind containing tobacco products or cannabis products.
“Sports arena” means the enclosed sports pavilions, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, 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 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, and snuff. “Tobacco product” also includes any electronic device that delivers nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, pipe, or hookah. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product.
“Tobacco retailer” means any person or business who sells, offers for sale, or offers to exchange for any form of consideration tobacco or tobacco products. This definition is without regard to the quantity of tobacco, tobacco products, or smoking paraphernalia sold, offered for sale, exchanged, or offered for exchange.
“Unenclosed area” means any area that is not enclosed. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 2, 1989)
8.08.030 Enclosed places where smoking is prohibited.
Smoking shall be prohibited in the following enclosed places within all areas of the city:
A. Places of employment;
B. Public places, whether publicly or privately owned or operated;
C. Sports arenas;
D. Multi-unit residence common areas. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 5, 1989. Formerly 8.08.040)
8.08.040 Unenclosed places where smoking is prohibited.
Smoking shall be prohibited in the following unenclosed places within all areas of the city:
A. Places of employment;
B. Recreational areas;
C. Service areas;
D. Outdoor dining areas;
E. Public places;
F. Multifamily residence common areas. (Ord. 718-2017 § 1 (part), 2017)
8.08.050 Areas exempt from restrictions.
Notwithstanding any other provision of this chapter, the following areas shall not be subject to the smoking restrictions of this chapter:
A. Private residences, unless the residence is used as a child care or a health care facility;
B. Areas within private parking lots which serve nonresidential uses and which are located at least twenty-five feet from a sidewalk or any doorway, window, opening or vent into an enclosed area in which smoking is prohibited;
C. Hotel or motel rooms rented to guests, as allowable under state law;
D. Retail stores that deal primarily in the sale of tobacco and smoking paraphernalia may permit the smoking of tobacco and tobacco products. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 7, 1989. Formerly 8.08.060)
8.08.060 Posting requirements.
“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 places. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 8, 1989. Formerly 8.08.070)
8.08.070 Restrictions and prohibitions for tobacco retailers.
A. Flavored Tobacco Products. No tobacco retailer shall sell a tobacco product containing, as a constituent or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or smoke produced by the tobacco product.
B. Minimum Pack Size for Cigars. No tobacco retailer shall sell, offer for sale, or exchange for any form of consideration:
1. Any single cigar, whether or not packaged for individual sale;
2. Any number of cigars fewer than the number contained in the manufacturer’s original consumer packaging designed for retail sale to a consumer;
3. Any package of cigars containing fewer than five cigars.
4. This section does not apply to the sale or offer for sale of a single cigar for which the retail price exceeds five dollars.
C. Pharmacies. It shall be prohibited for pharmacies to operate as tobacco retailers. (Ord. 718-2017 § 1 (part), 2017)
8.08.080 Nonsale distribution of tobacco products.
It is unlawful for any person or business engaged in the business of selling or distributing tobacco products to engage in the nonsale distribution of tobacco products within the boundaries of the city. (Ord. 718-2017 § 1 (part), 2017)
8.08.090 Enforcement of provisions.
A. Any owner, manager, operator or employer of any establishment subject to this chapter shall have the responsibility to inform any apparent violator, whether public or employee, about any smoking restrictions in the establishment, and shall attempt at all times to obtain voluntary compliance by any apparent violator.
B. Any citizen who desires to register a complaint under this chapter may initiate the complaint by filing a written complaint with the police department. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 3, 1989)
8.08.100 Retaliation prohibited.
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. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 11, 1989)
8.08.110 Chapter provisions not exclusive.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 12, 1989)
8.08.120 Violation—Penalty.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this chapter to fail to:
1. Properly post signs required hereunder,
2. To comply with any other requirements of this chapter.
B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. Any person or business that violates subsection A or B of this section or any other provisions of this chapter shall be guilty of an infraction, punishable by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of this chapter within one year;
3. A fine not exceeding five hundred dollars for each additional violation of this chapter within five years. (Ord. 718-2017 § 1 (part), 2017: Ord. 706-2016 § 1 (part), 2016: Ord. 429-89 § 10, 1989)