Chapter 8.36
SMOKING REGULATIONS FOR PUBLIC PLACES*
Sections:
8.36.020 Smoking Prohibited in Certain Public Places.
* For statutory provisions on smoking in public places, see Health and Safety Code § 25940 et seq.
8.36.010 Definitions.
The terms “smoke” or “smoking” are defined for the purposes of this chapter to include the carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind, or the lighting of any pipe, cigar or cigarette. (Ord. 76-1 § 1, 1976; Code 1975 § 699.2).
8.36.020 Smoking Prohibited in Certain Public Places.
Smoking shall be prohibited in the following places within the City:
A. Elevators generally open to the public;
B. Waiting rooms, reception rooms and public hallways of every private or public health care facility including, but not limited to, hospitals; provided, however, that this prohibition shall not prevent the establishment of a separate waiting room in which smoking is permitted;
C. Halls, reading or viewing rooms of City-owned museums, galleries and libraries whenever open to the public;
D. Any building not open to the sky which is primarily used for, or is designed for the primary purpose of, exhibiting motion pictures, stage dramas, lectures, musical recitals or other similar performances whenever such buildings are open to the public, except that smoking is not prohibited in any area commonly referred to as a lobby if the area is physically separated from the spectator area, and smoking is not prohibited on a stage if such smoking is part of a stage production;
E. Smoking shall be prohibited in any business, office or structure open to the general public, or any part thereof, which is posted with “No Smoking” signs by the owner or operator thereof. The posting of signs shall be voluntary on the part of the owner or operator of the premises and this section shall not be enforceable unless signs giving reasonable notice that smoking is prohibited on the premises are so posted;
F. Smoking is prohibited and is unlawful within the boundaries of Carmel Beach, on the Beach Bluff Pathway and within any public beach access way including but not limited to stairways and walkways adjoining public beach areas. Carmel Beach is defined as public lands: west and south of private property along Carmel Way; west of private property on the west side of San Antonio Avenue between 2nd Avenue and Ocean Avenue; west of San Antonio Avenue between 4th Avenue and Ocean Avenue; north of Ocean Avenue between San Antonio Avenue and Del Mar Avenue; west of Del Mar Avenue; west of private property on the west side of Scenic Road between Ocean Avenue and 8th Avenue; and west of the Scenic Road pedestrian pathway between 8th Avenue and the City limit;
G. Smoking is prohibited and is unlawful in the following City parks: Devendorf Park, First Murphy Park, Forest Hill Park, Mission Trail Nature Preserve, Piccadilly Park, Pescadero Park, Forest Theater, Rio Park, and Vista Lobos Park. (Ord. 2007-10 § 1, 2007; Ord. 2005-05 § 1, 2005; Ord. 76-1 § 1, 1976; Code 1975 § 699.3).
8.36.030 Posting of Signs.
Signs which designate smoking or no-smoking areas established by this section shall be clearly, sufficiently and conspicuously placed or posted in every room, building or other place treated by this section at the expense of the building owner or tenant. The manner of such posting, including the wording, size, color, design and place of posting shall be at the discretion of the owner, operator, manager, or other person having control of such room, building or other place; provided, the sign regulations of CMC Title 17 are not violated. (Ord. 76-1 § 1, 1976; Code 1975 § 699.4).
8.36.040 Violation – Penalty.
Any person who shall violate the provisions of this section shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not to exceed $25.00 for each such violation. (Ord. 76-1 § 1, 1976; Code 1975 § 699.5).