Chapter 6.25
REGULATION OF SMOKING IN PUBLIC AREAS
Sections:
6.25.020 Regulation of Smoking in Public Places.
6.25.025 Disposal where Smoking Is Prohibited.
6.25.040 Posting of Signs Required.
6.25.005 Purpose and Intent.
The City Council finds and declares as follows:
A. There is ample evidence to prove that the smoking of tobacco and other substances is a danger to the health of smokers and others who, because of proximity to the smoker or inadequate ventilation, are subject to the smoke;
B. The presence of smoke in the environment also constitutes a material annoyance and discomfort to nonsmokers;
C. The California Legislature has determined that tobacco smoke is a hazard to the health of the general public and has empowered local public entities to ban or regulate smoking in any manner not inconsistent with State law; and
D. This chapter furthers the public health, safety and welfare by prohibiting smoking in certain public areas. (Ord. 2023-22 § 394, 2023; Ord. 85-19 § 1 (part), 1985)
6.25.010 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended:
“Enclosed” means closed in by a roof and four walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.
“Smoke” or “smoking” means and includes inhaling, exhaling, burning, or carrying any lighted smoking equipment for tobacco, cannabis, or any other weed or plant. “Smoke” and “smoking” shall include inhaling or exhaling e-liquid, vape juice, nicotine, cannabis, cannabidiol, terpenes, synthetic cannabinoids or other chemicals or substances in an aerosolized or vaporized form. (Ord. 2023-22 § 395, 2023; Ord. 85-19 § 1 (part), 1985)
6.25.020 Regulation of Smoking in Public Places.
It shall be unlawful to smoke in the following places:
A. Elevators. Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, hotel and multifamily buildings.
B. Hospitals and Health Care Facilities. Smoking is prohibited and unlawful in public areas of health care facilities and hospitals, as defined in California Health and Safety Code Section 1250, except in specially designated smoking areas, which may be all or part of a public area.
C. Public Meeting Rooms. Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers, and places of public assembly in which public business is conducted.
D. Theaters and Auditoriums. Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium, or other similarly enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage production, musical recital, sporting event, or any other performance.
E. Service Lines. Smoking is prohibited and is unlawful in service lines in which more than one person is giving or receiving services of any kind.
F. Areas Posted as No Smoking. Smoking is prohibited and is unlawful within fifty (50) feet of any area posted as a nonsmoking area.
G. Schools or Day Care Center. Smoking is prohibited and unlawful within one thousand (1,000) feet of a school or day care center.
H. Outdoor Dining. Smoking is prohibited and unlawful within fifty (50) feet of any outdoor dining area lawfully provided by an eating and drinking establishment.
I. Parked Vehicle. Smoking is prohibited and unlawful in any vehicle that is parked on public property, if the smoking is detectable outside of the vehicle.
J. Parks, Beaches and the Oceanfront Boardwalk. Smoking is prohibited and unlawful in any public park, park facility, beach, or the oceanfront boardwalk or within one hundred (100) feet of a public park, park facility, beach, or the oceanfront boardwalk, while the person is located on public property. This prohibition shall not apply to a person in a car or truck that is being driven.
K. Farmers’ Markets. Smoking is prohibited and unlawful within fifty (50) feet of any farmers’ market or event that is being conducted pursuant to a special event permit issued by the City. (Ord. 2023-22 § 396, 2023; Ord. 85-19 § 1 (part), 1985)
6.25.025 Disposal where Smoking Is Prohibited.
No person shall dispose of any cigarette, cigar, tobacco, or any other instrument used to smoke or any part of an instrument used to smoke including, but not limited to, cigarette or cigar butt(s), ashes or used matches in any place where smoking is prohibited under this chapter, except in a specifically designated smoking waste receptacle. Punishment under this section shall not preclude punishment pursuant to California Health and Safety Code Section 13002, California Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (Ord. 2023-22 § 397, 2023)
6.25.040 Posting of Signs Required.
Except where other signs are required, whenever in this Code smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height, on a contrasting background. It is the duty of the owner, operator, manager, or other persons having control of such room, building, or other place where smoking is prohibited, to post such signs or to cause such signs to be posted. (Ord. 85-19 § 1 (part), 1985)
6.25.060 Penalties.
The violation of any provision of this chapter, or the failure to comply with any duty imposed by this chapter, shall be an infraction punishable by a fine as provided in Section 1.04.010. (Ord. 2023-22 § 400, 2023; Ord. 85-19 § 1 (part), 1985)