Chapter 6.42
SMOKING PROHIBITED
Sections:
6.42.030 Posting of signs required.
6.42.050 Other applicable laws.
6.42.010 Purpose.
This chapter is adopted pursuant to the city’s police powers, Government Code Section 7597(b), and Health and Safety Code Section 104495(h) for the purpose of prohibiting smoking in publicly accessible areas in order to protect public health and safety. Nothing contained in this chapter is intended, nor shall be construed, to conflict or limit California law. Rather, consistent with the authority of the city to impose additional restrictions, this chapter adopts regulations that supplement existing standards under California law and impose higher restrictive standards.
(Ord. 2023-03-CC § 2, 6-13-23)
6.42.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
“Cannabis” has the same meaning as defined in Health and Safety Code Section 11018.
“Cannabis/marijuana product” means cannabis that has undergone a process whereby the plant material has been transformed, including, without limitation, a concentrated cannabis.
“City manager” means the city manager or designee.
“Common area” means within thirty feet of an indoor or outdoor area at any one or more of the following places:
(1) A publicly accessible restroom;
(2) A publicly accessible elevator, escalator, or stairway;
(3) A publicly accessible courtyard, plaza, lobby, atrium, or patio;
(4) A publicly accessible walkway, corridor, or hallway;
(5) A publicly accessible seating, waiting, or reception area; and/or
(6) A publicly accessible designated parking lot area or parking structure.
“Electronic cigarette” has the same meaning as set forth in California Code of Regulations Title 18, California Administrative Code Section 4076(a)(3), and similar devices intended to emulate smoking, which permit a person to inhale vapors or mists that may or may not include nicotine. An electronic cigarette consists of three parts: the nicotine cartridge, the atomizer or heating element, and the battery.
“Outdoor dining area” means an unenclosed area open to the general public or closed to the public for a private function where food, or beverages, or both, are offered, served, or consumed.
“Playground,” for purposes of Health and Safety Code Section 104495, means twenty-five feet from the edge of a same area within a city park or recreational area specifically designed to be used by children and that has play equipment installed in it.
“Public building” has the same definition as set forth in Government Code Section 7596.
“Public park” or “municipal park” means all city-owned or city-leased property designated as a park boundary within the meaning of Section 7.49.010.
“Public place” means any unenclosed area to which the public is invited or in which the public is permitted including, without limitation, banks, education facilities, health facilities, public transportation facilities, reception areas, lobbies, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, parking lots, sidewalks, plazas, sports fields, walking paths, hiking trails, bike paths, theaters, waiting rooms, offices, auditoriums, classrooms, conference and meeting rooms. “Public place” also includes any place being used for a public event, including, but not limited to, a farmers’ market, parade, craft fair, car show, festival, or any other event open to the general public.
“Responsible person” means any person owning, leasing, occupying, or having control or possession of real property affected by this chapter.
“Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization by human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke for incense. “Smoke” includes, but is not limited to, tobacco smoke, electronic cigarette vapor, and marijuana smoke.
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking, as defined in Business and Professions Code Section 22950.5.
(Ord. 2023-03-CC § 2, 6-13-23)
6.42.030 Posting of signs required.
A. Except where other signs are required, whenever in this code smoking is prohibited, conspicuous signs must be posted so stating, containing all capital lettering not less than one inch in height in a color contrasting with the background color of the sign. To be “contrasting,” it shall be sufficient if the lettering and the sign background are separate colors.
B. For public buildings and public parks, it is the city manager or designee’s duty to post such signs or to cause such signs to be posted.
C. Every responsible person subject to this chapter must post the signs required by this chapter within thirty days of this chapter becoming effective.
(Ord. 2023-03-CC § 2, 6-13-23)
6.42.040 Enforcement.
The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity.
A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation hereof.
B. Violations of this chapter shall be prosecuted and will be punished, at a minimum, by a fine of one hundred dollars for a first violation, two hundred dollars for a second violation and five hundred dollars for a third or subsequent violation.
C. Violations of this chapter are hereby declared to be public nuisances.
(Ord. 2023-03-CC § 2, 6-13-23)
6.42.050 Other applicable laws.
A. This chapter is in addition to any other prohibition or limitation on smoking under federal, state, or local law. The city council intends this chapter to supplement, and not duplicate or contradict, other applicable law.
B. This chapter shall not be construed or interpreted to permit smoking when another applicable law prohibits or restricts it. If another applicable law is more restrictive in regulating smoking, the more restrictive law shall govern.
(Ord. 2023-03-CC § 2, 6-13-23)