Alhambra Municipal Code Ch. 9.18 Smoking Regulated or Prohibited

The City Council hereby finds that the smoking of tobacco, or any other weed or plant, or vapor is a danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this Chapter 9.18 is to prohibit the smoking of tobacco, or any weed or plant, or vapor in public places and places of employment as stated and required in this Chapter 9.18.

(‘86 Code, § 9.18.010) (Ord. 4089, passed - - ; Am. Ord. 4625, passed 10-28-13)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BAR. An area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

EMPLOYEE. Any person who is employed by any employer in consideration for monetary compensation or profit.

EMPLOYER. Any person, partnership, corpora-tion, including municipal corporation, who employs the services of more than five persons.

ENCLOSED. Closed in by a roof and walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.

OUTDOOR DINING AREA. Any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.

PARK or PUBLIC GROUNDS. As defined in § 14.04.010 of this code, as well as public and privately owned recreational facilities, parks, playgrounds, athletic fields restrooms, picnic areas, spectator and concession areas, walking paths, gardens, hiking trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.

PLACE OF EMPLOYMENT or WORKPLACE. Any enclosed area of a structure or portion thereof under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment.

PUBLIC EVENT AREA. Any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmer's market, parade, fair, or festival.

PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, lobbies, restaurants, retail food production and marketing establishments, retail stores, theaters, waiting rooms, offices, auditoriums, classrooms, conference and meeting rooms. A private residence is not a public place.

SERVICE AREA. Any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one 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, areas including or within 25 feet of information kiosks, automatic teller machines, service lines, bus stops or shelters, or cab stands.

SMOKE or SMOKING. Includes 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. SMOKE and SMOKING and tobacco product includes those definitions set forth in Cal. Health and Safety Code § 104495, as that section may be amended from time to time. Plant product includes cannabis, as defined in Cal. Business and Professions Code § 26001, as that section may be amended from time to time.

(‘86 Code, § 9.18.020) (Ord. 4089, passed - - ; Am. Ord. 4526, passed 7-28-08; Am. Ord. 4625, passed 10-28-13; Am. Ord. 4785, passed 5-10-21)

It shall be unlawful to smoke in the following places:

(A) Any city-owned or city-operated building or vehicle;

(B) Any public place, or in any similar enclosed area in private buildings generally used by and open to the public;

(C) Any park or public grounds; excluding the Alhambra Municipal Golf Course;

(D) Any outdoor dining area and within 25 feet of same;

(E) Within 20 feet of any entryway to or operable window of any place where smoking is prohibited;

(F) Any public event area;

(G) Any service areas;

(H) Any sidewalks;

(I) Any private apartment and condo common areas in complexes of at least five units (except in landlord designated areas at least 20 feet from other prohibited areas);

(J) Within 20 feet of any vent into an enclosed area; and

(K) Any outdoor job or work sites (except in employer designated areas at least 20 feet from other prohibited areas).

(‘86 Code, § 9.18.030) (Ord. 4089, passed - - ; Am. Ord. 4101, passed - - ; Am. Ord. 4526, passed 7-28-08; Am. Ord. 4785, passed 5-10-21) Penalty, see § 9.18.070

(‘86 Code, § 9.18.040) (Ord. 4089, passed - - ) Penalty, see § 9.18.070

(‘86 Code, § 9.18.050) (Ord. 4089, passed - - ) Penalty, see § 9.18.070

(‘86 Code, § 9.18.060) (Ord. 4089, passed - - ) Penalty, see § 9.18.070

Whenever in this code smoking is prohibited, conspicuous signs shall be posted so stating with letters of not less than one-inch in height on a contrasting background, or an international “no smoking” symbol, a red circle with a diagonal bar across it, be clearly and conspicuously posted. It shall be 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.

('86 Code, § 9.18.065) (Ord. 4101, passed - - ) Penalty, see § 9.18.070

Violation of any provision of this chapter shall be subject to issuance of an administrative citation pursuant to Chapter 1.13. Alternatively, violation of any provision of this chapter shall also be an infraction, punishable as provided in this code by:

(A) A fine not exceeding $100 for a first violation;

(B) A fine not exceeding $200 for a second violation of the same section of this code or ordinance within one year;

(C) A fine not exceeding $500 for each additional violation of the same section of this code or ordinance within one year.

(‘86 Code, § 9.18.070) (Ord. 4089, passed - - ; Am. Ord. 4785, passed 5-10-21)