Arcadia Municipal Code Part 9 Smoking Prohibited in Designated Areas

Footnotes:

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Editor's note— Ord. No. 2384, § 1, adopted February 7, 2022, repealed pt. 9, §§ 4290—4293, and enacted a new pt. 9 as set out herein and later amended. Former pt. 9 pertained to similar subject matter and derived from by Ord. 1546, adopted November 18, 1975; Ord. 2297, adopted June 19, 2012.

It shall be unlawful for any person to light, ignite or otherwise set fire to, or smoke, carry, throw or deposit any lighted cigar, cigarette, tobacco, marijuana, vaping, or other smoldering or smoke producing substance within:

(a) Those portions of any building, structure or other enclosed facility open to the general public for the primary purpose of exhibiting any motion picture, stage production, musical recital or similar performance exclusive of sports events, other than in an area which serves as a lobby;

(b) Any room, chamber, place of meeting or public assembly wherein public business is being conducted and which is open to members of the general public either as participants or as spectators, except that the prohibition contained in this subparagraph shall not apply within a contiguous area containing fifty percent (50%) or less of the room, chamber, or place of meeting or public assembly, if the entity having management and control of the premises has designated and identified such area as a Smoking Permitted Area by appropriate signs, provided that no division of that area of such room, chamber, place of meeting or public assembly set aside for use by the general public shall be made on a front area versus rear area basis.

(c) Any elevator designed principally for the accommodation of passengers.

(Ord. No. 2384, § 1, 2-7-22)

(a) It shall be unlawful for any person to use any form of tobacco, marijuana, or vaping products, at any time, in or upon any City Park property or recreation area. Prohibited products include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, and nicotine delivery devices such as electronic cigarettes, as well as marijuana. Exceptions shall be made for the use or possession of prescription nicotine products.

(b) Tobacco, marijuana, and vaping products are prohibited during the performance or conduct of any City conducted or sponsored events at the parks and recreation areas, including but not limited to concerts, sports, entertainment, plays, ceremonies, carnivals, fairs, or training in any such location. Notwithstanding the foregoing, the Director of Recreation and Community Services is authorized to designate restricted areas within which the products containing tobacco or nicotine described in subsection (a) may be used at such a City conducted or sponsored event.

(c) During the period that the Arcadia Par 3 Golf Course is owned by the City of Arcadia, it shall be exempt from the prohibition against the use of products containing tobacco or nicotine.

(Ord. No. 2384, § 1, 2-7-22)

• SMOKING IN COMMON AREAS AND OUTDOOR AREAS OF MULTI-FAMILY RESIDENTIAL UNITS PROHIBITED.

Smoking in multi-family residences, defined as two (2) or more units with a shared wall and/or ventilation, shall be governed by the following rules:

1. Smoking is prohibited in all common areas. A common area is defined as an enclosed or unenclosed area of a multi-family unit facility including but not limited to halls and paths, lobbies and courtyards, elevators and stairs, community rooms, playgrounds, clubhouses, gym facilities and swimming pools, parking garages and parking lots, shared laundry rooms, shared cooking or eating areas, or other shared facilities used by tenants.

2. Smoking is prohibited on patios and balconies.

3. Indoor smoking is permitted so long as smoke cannot be perceived by neighbors. Thus, smoke cannot permeate from the unit. Occupants should make reasonable efforts to diffuse smoke inside the unit to the extent practical.

(Ord. No. 2384, § 1, 2-7-22)

Smoking is prohibited within twenty-five feet (25') of a commercial or retail entryway.

(Ord. No. 2384, § 1, 2-7-22)

Smoking is prohibited in all open air dining areas located on private or public property, including the public right-of-way. In addition, smoking is prohibited within twenty-five feet (25') of an open air dining area, except smoking will be allowed if, and only if, the smoker is actively passing by the open air dining area.

(Ord. No. 2384, § 1, 2-7-22)

The person having the authority to manage and control any area set forth in the preceding section wherein the described prohibition applies shall post or cause to be posted and prominently displayed, and shall maintain "No Smoking" signs in conspicuous locations within said areas upon no less than two separate walls or columns in such area. Said signs shall be posted not less than five feet or more than eight feet above the floor level and shall be of sufficient number and location to cause the message by at least one of said signs to be clearly visible, legible and readable at all times from any other point within this same range of height from the floor in said area. Failure to post and maintain such signs shall be a misdemeanor.

(Ord. No. 2384, § 1, 2-7-22)

It shall be unlawful to mutilate or destroy any signs posted in accordance with this Part.

(Ord. No. 2384, § 1, 2-7-22)

This Part 9 shall not be applicable to any room, chamber or place of meeting or public assembly under the jurisdiction of the Arcadia Public Schools Board of Education unless such Board of Education adopts and files with the City Clerk a Resolution declaring such places to be subject to the smoking prohibition as set forth above.

(Ord. No. 2384, § 1, 2-7-22)

It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions.

It is unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

The City Attorney, any peace officer, and any City Code Enforcement Officer shall have the authority to enforce the provisions of this chapter.

Violations of this chapter shall be considered an infraction and be charged according to the following fee schedule:

(a) First Violation: $100 fine

(b) Second Violation: $200 fine

(c) Subsequent violations within any 12 month period: $500 fine

(Ord. No. 2384, § 1, 2-7-22)