Chapter 2.60
SMOKING POLLUTION CONTROLS
Sections:
2.60.020 Definitions. Revised 4/16
2.60.030 Smoking prohibition in city-owned facilities and vehicles.
2.60.010 Findings.
The city council recognizes the right and need of those who wish to breathe smoke-free air and finds and declares that the smoke of tobacco, tobacco-related products and tobacco substitutes, fillers and other plants or weeds is a hazard to the health of the general public. Accordingly, it has been determined that the health, safety, and welfare of the residents of the city would be furthered by the regulation of smoking in enclosed places and in places of employment. (Ord. 91-12 § 2 (part))
2.60.020 Definitions.
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“City” means the city of Winters.
“E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, hookah pen or under any other product name or descriptor.
“Smoke or smoking” means the act of burning any tobacco product, weed, filler or plant of any kind in a cigarette, cigar, pipe, hookah or water pipe, or in any other device. “Smoke or smoking” also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device.
“Smoke polluted air” means air in which the odor caused by smoking is detectable by any person present, or in which there is any visible smoke caused by smoking, or in which a person experiences any of the following as a result of substances in the air caused by smoking: physical discomfort, difficulty in breathing, pain in the eyes or nose, watering eyes, coughing or sneezing. Smoke-polluted air also includes air having sufficient concentrations of mood-altering substances to alter the mood or perceptions of a person breathing the air. (Ord. 2016-02 § 1; Ord. 91-12 § 2 (part))
2.60.030 Smoking prohibition in city-owned facilities and vehicles.
No person shall smoke in any of the following places within the city:
A. City facilities, including all of City Hall, all other enclosed buildings owned or leased by the city, and any city meeting held inside facilities owned or leased by others;
B. City vehicles, whether windows opened or closed, and whether or not enclosed;
C. All enclosed areas owned by the city, or leased, and customarily used by the public, including waiting rooms, hallways, and restrooms. (Ord. 91-12 § 2 (part))
2.60.040 Signs.
No smoking signs with letters of not less than one-half inch in height shall be conspicuously posted in every room, building, or other place where smoking is controlled by this chapter, by the city public works department. (Ord. 92-04 § 2: Ord. 91-12 § 2 (part))
2.60.050 Enforcement.
Enforcement shall be implemented by the city manager or through a city staff person designated by him or her. In addition, any Winters police officer can enforce the provisions of this chapter. Such person shall have authority to issue citations based upon reasonable cause in a manner most suitable to the particular incident. (Ord. 91-12 § 2 (part))
2.60.060 No preemption.
This ordinance shall not be interpreted to permit smoking where it is otherwise restricted by law. (Ord. 91-12 § 2 (part))
2.60.070 Violation—Penalty.
Any person, firm, or corporation violating any provision of this chapter shall be fined not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 91-12 § 2 (part))
2.60.080 Nuisance—Injunction.
Any violation of this chapter is declared to be a nuisance. In addition to any other relief provided by this chapter, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. Such application for relief may including seeking a temporary restraining order, temporary injunction and permanent injunction. (Ord. 91-12 § 2 (part))