Artesia Municipal Code Ch. 20 Electronic Cigarette Use Prohibitions

For purposes of this chapter, the following terms shall be defined as follows:

"Bar"

shall mean a cocktail lounge, nightclub or facility that sells alcohol for on-premises consumption.

"Electronic cigarette"

shall mean an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, including any such device that is manufactured, distributed, marketed or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or any other product name or descriptor. "Electronic cigarette" does not include any inhaler prescribed by a licensed physician.

"Enclosed"

shall mean closed in by a roof and walls with appropriate openings for ingress and egress.

"Hotel"

shall mean any building, or portion thereof designed or used for lodging persons for a period of less than 30 consecutive days. Hotels shall include, without limitation, any establishment held out to the public as a hostel, inn, time share project, tourist court or motel, but shall not include hospitals or governmental buildings where persons are detained under legal restraint, such as jails or prisons.

"Nonenclosed"

shall mean predominantly outdoor area that does not meet the definition of "enclosed," including, but not limited to, an open air dining area.

"Open air dining area"

shall mean any nonenclosed area located on private or public property, including public right-of-way, made available to or customarily used by the general public that is designed, established or regularly used for consuming food or beverages or where food or beverages are served, whether or not for compensation, including, but not limited to, outdoor seating permitted under Section 9-2.1356 of this Code. An open air dining area does not include open air dining areas that are immediately adjacent to and accessory to a private smokers' lounge, as that term is defined in Labor Code Section 6404.5 or its successor statute.

"Restaurant"

shall mean a facility that sells prepared foods and drinks for consumption on site.

"Smoke"

shall mean the gaseous or vaporous products and particles created by the use of a lighted or operated electronic cigarette.

"Smoking"

shall mean the lighting or operation of, or the emission or exhalation of smoke or vapor from, an electronic cigarette.

(Ord. 14-807, § 5)

Smoking electronic cigarettes is prohibited inside any City building in the City, and in an outdoor area within 20 feet of a main exit, entrance or operable window of a City building, where the smoking of tobacco products is prohibited by California Government Code Section 7597 and sections amendatory or supplementary thereto.

(Ord. 14-807, § 5)

Smoking electronic cigarettes is prohibited in and within 25 feet of playgrounds and tot lot sandbox areas, as the terms are defined in California Health and Safety Code Section 104495(a), where the smoking of tobacco products is prohibited by California Health and Safety Code Section 104495(b) and sections amendatory or supplementary thereto.

(Ord. 14-807, § 5)

Electronic cigarette smoking is prohibited in all restaurants, bars and open air dining areas and within five feet of all open air dining areas, except while actively passing an open air dining area on the way to another destination.

(Ord. 14-807, § 5)

Any restaurant, bar or business with an open air dining area subject to the prohibition set forth in Section 5-20.04 of this chapter shall post or cause to be posted and shall maintain "no electronic cigarette smoking" signs in conspicuous locations within the open air dining area. All "no electronic cigarette smoking" signs shall be prominently displayed, shall clearly recite the phrase "no electronic cigarette smoking" and shall cite Section 5-20.04 of this chapter. The "no electronic cigarette smoking" signs shall be posted not less than five feet nor more than eight feet above floor level and shall be of sufficient number and location to cause the message of the signs to be clearly visible and readable and must be made of permanent, weather resistant materials. No person shall willfully mutilate or destroy any sign required by this section.

(Ord. 14-807, § 5)

(a) Any person who owns, operates, manages or controls a business within the City may designate the entire business as a "no electronic cigarette smoking" area.

(b) The provisions of this chapter shall not be construed to require the owner, operator or manager of any existing business to make any structural or other physical alterations, modifications or improvements to the business, other than the posting or placing of signs required by Section 5-20.05 of this chapter.

(Ord. 14-807, § 5)

A landlord of a residential dwelling unit, as defined in California Civil Code Section 1940, or his or her agent, may prohibit the smoking of electronic cigarettes in the same manner as the prohibition of the smoking of tobacco products as provided by California Civil Code Section 1947.5 and sections amendatory or supplementary thereto.

(Ord. 14-807, § 5)

Smoking electronic cigarettes is prohibited in all public parks, public schools, public playgrounds or publicly operated recreational ground facilities or buildings. Smoking is prohibited within five feet of City parks and recreation facilities, except while actively passing on the way to another destination.

(Ord. 14-807, § 5)

Smoking electronic cigarettes is prohibited on the City's public transportation service and in City vehicles.

(Ord. 14-807, § 5)

Smoking electronic cigarettes is prohibited at all family day care homes, as defined in California Health and Safety Code Section 1596.78, where the smoking of tobacco products is prohibited by California Health and Safety Code Section 1596.795 and sections amendatory or supplementary thereto.

(Ord. 14-807, § 5)

Smoking electronic cigarettes is prohibited in all enclosed spaces at places of employment, as "places of employment" are defined in California Labor Code Section 6404.5(b), where the smoking of tobacco products is prohibited by California Labor Code Section 6404.5 and sections amendatory or supplementary or any successor statute thereto. Smoking electronic cigarettes is not prohibited in an enclosed place of employment that is a permitted electronic cigarette retailer, unless otherwise limited by the land use limitations contained in the City's zoning ordinance.

(Ord. 14-807, § 5)

(a) 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.

(b) It is unlawful for any person to smoke an electronic cigarette in any area restricted by the provisions of this chapter.

(c) Any person who violates any provision of this chapter shall be guilty of a misdemeanor or may be prosecuted as an infraction in the discretion of the City Prosecutor.

(d) The City Prosecutor, any peace officer or City code enforcement officer shall have the authority to enforce the provisions of this chapter.

(e) Punishment under this chapter shall not preclude punishment pursuant to any other provision of law pertaining to electronic cigarette smoking. Nothing in this chapter precludes any person from seeking any other remedies, penalties or procedures provided by law. The remedies provided in this section are cumulative and in addition to any other remedies available at law or in equity.

(Ord. 14-807, § 5)