CHAPTER 11
SECONDHAND SMOKE CONTROL
Sections:
§ 41101 Smoking at Polling Places Prohibited.
§ 41102 Smoking in Public Places Prohibited.
§ 41103 Exception – Nonpublic Portions of City Buildings.
§ 41104 Exception – Carson Community Center Atrium and Outside Areas of City Buildings.
§ 41108 Smoking Prohibited Within Reasonable Distances.
§ 41109 Other Requirements and Prohibitions.
§ 41110 Penalties and Enforcement.
§ 41120 Secondhand Smoke Generally.
41100 Definitions.
The following words and phrases, whenever used in this Article shall have the meanings defined in this section unless the context clearly requires otherwise:
(a) “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 byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory or congestion relief, such as, for example, smoke from incense or vapor from a congestion relieving vaporizer. The term “smoke” includes but is not limited to tobacco smoke, vapors from an electronic smoking device, crack cocaine smoke and marijuana smoke.
(b) “Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.
(c) “Common area” means every unenclosed area of a multi-unit residence that residents of more than one (1) unit of that multi-unit residence are entitled to enter or use, including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas.
(d) “Dining area” means any area, including streets and sidewalks, which is available to or customarily used by the general public or an employee, and which is designed, established, or regularly used for consuming food or drink.
(e) “Electronic smoking device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances (including but not limited to cannabis), including any component, part or accessory of such a device, whether or not sold separately. 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.
(f) “Employee” means any person who is employed or retained as an independent contractor by any employer or nonprofit entity in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer or nonprofit entity.
(g) “Employer” means any business or nonprofit entity that retains the service of one (1) or more employees.
(h) “Enclosed area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:
(1) Any type of overhead cover whether or not that cover includes vents or other openings and at least three (3) walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or
(2) Four (4) walls or other vertical boundaries that exceed six (6) feet in height whether or not those boundaries include vents or other openings.
(i) “Multi-unit residence” means property containing two (2) or more units, except the following specifically excluded types of housing:
(1) A hotel or motel that meets the requirements set forth in 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;
(6) A single-family home with a detached or attached in-law or second unit when permitted pursuant to California Government Code Sections 65852.1, 65852.150, 65852.2 or an ordinance of the City of Carson/County of Los Angeles adopted pursuant to those sections.
(j) “Nonprofit entity” means any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a nonprofit entity within the meaning of this Article.
(k) “Person” means any natural person, business, cooperative association, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.
(l) “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.
(m) “Public place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.
(n) “Reasonable distance” means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited.
(o) “Recreational area” means any area that is owned or operated by the City of Carson 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, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches.
(p) “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 (1) 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.
(q) “Tobacco product” means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(r) “Unenclosed area” means any area that is not an enclosed area.
(s) “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. (Ord. 90-907, § 1; Ord. 11-1481, § 1; Ord. 14-1547, § 1; Ord. 17-1638, §§ 2(1), (2))
41101 Smoking at Polling Places Prohibited.
It shall be unlawful for any person to smoke at any polling place located in the City during an election. (Ord. 90-907, § 1)
41102 Smoking in Public Places Prohibited.
It shall be unlawful for any person to smoke in any building or facility owned or leased by the City or the Carson Redevelopment Agency. (Ord. 90-907, § 1)
41103 Exception – Nonpublic Portions of City Buildings.
The prohibition contained in CMC 41102 does not apply to those portions of any building or facility which are leased or let to persons or entities other than the City or the Carson Redevelopment Agency. (Ord. 90-907, § 1)
41104 Exception – Carson Community Center Atrium and Outside Areas of City Buildings.
The prohibition contained in CMC 41102 does not apply to the Carson Community Center atrium or to open balconies, walkways, or outside areas of buildings or facilities owned or leased by the City or the Carson Redevelopment Agency. (Ord. 90-907, § 1)
41105 Posting of Signs.
The City Administrator is directed to post and prominently display “No Smoking” signs at the entrances to buildings subject to the prohibition contained in CMC 41102. All such signs shall clearly and conspicuously recite the phrase “No Smoking” and/or use the international no smoking symbol. (Ord. 90-907, § 1)
41106 Violation.
Violation of this Chapter is an infraction, and shall be punishable as provided in CMC 1200(b). (Ord. 90-907, § 1)
41107 Smoking Prohibited.
(a) Smoking is prohibited in the unenclosed areas of the following places within the City of Carson, except places where smoking is already prohibited by State or Federal law, in which case those laws apply:
(1) Recreational areas;
(2) Service areas;
(3) Dining areas;
(4) Places of employment;
(5) Common areas; provided, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets all of the following criteria:
(a) The area must be located a reasonable distance from any unit or enclosed area where smoking is prohibited by this Article or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the person designating the smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established;
(b) The area must not include, and must be a reasonable distance from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes;
(c) The area must be no more than ten (10) percent of the total unenclosed area of the multi-unit residence for which it is designated;
(d) The area must have a clearly marked perimeter;
(e) The area must be identified by conspicuous signs;
(f) The area must be completely within an unenclosed area; and
(g) The area must not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this Article or other provisions of this Code, State law, or Federal law; and
(6) Other public places, when being used for a public event, including a farmers’ market, parade, craft fair, festival, or any other event which may be attended by the general public.
(7) Nothing in this Article prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area. (Ord. 02-1250, § 2; Ord. 11-1481, § 2)
41108 Smoking Prohibited Within Reasonable Distances.
(a) Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination and provided smoke does not enter any enclosed area in which smoking is prohibited.
(b) Smoking in unenclosed areas shall be prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under CMC 41107, except while actively passing on the way to another destination and provided smoke does not enter any unenclosed area in which smoking is prohibited.
(c) The prohibitions in subsections (a) and (b) of this Section shall not apply to unenclosed areas of private residential properties that are not multi-unit residences. (Ord. 11-1481, § 3)
41109 Other Requirements and Prohibitions.
(a) No person, employer, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of the person, employer or nonprofit entity and in which smoking is prohibited by law, unless otherwise required by State or Federal law.
(b) No person, employer, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the person, employer or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law, including, without limitation, within a reasonable distance required by this Article from any area in which smoking is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this Article.
(c) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance required by this Article.
(d) A person, employer, or nonprofit entity that has legal or de facto control of an unenclosed area in which smoking is prohibited by this Article shall post a clear, conspicuous and unambiguous “No Smoking” or “Smokefree” sign at each point of ingress to the area, and in at least one (1) other conspicuous point within the area. The signs shall have letters of no less than one (1) inch in height and shall include 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). Signs posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement set forth in CMC 41108. For purposes of this Section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this Article.
(e) No person, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person, who seeks to attain compliance with this Article.
(f) Each instance of smoking in violation of this Article shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this Article shall constitute a separate violation. (Ord. 11-1481, § 4)
41110 Penalties and Enforcement.
(a) The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
(b) Each incident of smoking in violation of this Article is an infraction subject to a $100.00 fine. Other violations of this Article may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be by any code enforcement official.
(c) Violations of this Article are subject to a civil action brought by the City of Carson punishable by a civil fine not less than $100.00 per violation.
(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall also constitute a violation of this Article.
(e) Any violation of this Article is hereby declared to be a public nuisance which may be abated in accordance with the procedures set forth in Chapter 7 of Article V as applicable to this Chapter. All costs to abate such public nuisance, including attorneys’ fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.
(f) In addition to other remedies provided by this Article or by other law, any violation of this Article may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(g) Except as otherwise provided, enforcement of this Article is at the sole discretion of the City. Nothing in this Article shall create a right of action in any person against the City or its agents to compel public enforcement of this Article against private parties.
(h) Any person acting for the interests of itself, its members, or the general public may bring a civil action to enjoin a violation of this Article by a landlord, employer, business, or nonprofit entity or to enjoin repeat violations of this Article by an individual.
(i) Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. (Ord. 11-1481, § 5; Ord. 17-1638, §§ 2(4), (5))
41120 Secondhand Smoke Generally.
For all purposes within the jurisdiction of the City, no person shall cause smoke to unreasonably interfere with the reasonable use and enjoyment of another person’s private residence. (Ord. 17-1638, § 2(3))