Barstow Municipal Code Ch. 6.40 Smoking

This chapter shall be known as the "City of Barstow Smoking Pollution Control Ordinance." This chapter shall prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified herein.

(Ord. No. 969-2021, § 2, 2-1-2021)

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

Electronic cigarette means an electronic device or delivery system which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah, vape, or any other product name or descriptor.

Smoking means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, vape, or cigarette of any kind) and means the lighting or combustion of any cigar, cigarette, pipe, water pipe, vape, or any similar article, or part thereof, using any form of tobacco, cannabis, or other combustible or vaporized substance in any form; or the consumption of any tobacco product.

Smoking lounge means any business establishment that is dedicated to the smoking of tobacco products, including, but not limited to, establishments known variously as cigar lounges, hookah lounges or tobacco clubs. For purposes of this chapter, "smoking lounge" means private smokers' lounge as defined in Section 6404.5 of the California Labor Code.

Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.

Tobacco product means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Tobacco shop means a business establishment whose principal purpose is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.

(Ord. No. 969-2021, § 2, 2-1-2021)

Smoking is prohibited in all enclosed areas owned, operated, or controlled by the city, and all parks facilities in the city, whether open or enclosed. Signs warning of the prohibition against smoking in these facilities, including parks, shall be posted pursuant to section 6.40.070 below.

(Ord. No. 969-2021, § 2, 2-1-2021)

Smoking is prohibited in the following areas within the city, except as otherwise provided herein:

(a) Retail stores, pharmacies, childcare, and bank facilities;

(b) Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transportation while within the boundaries of the city, and in ticket, boarding and waiting areas of public transit depots; provided, however, that this prohibition does not prevent the establishment of a separate waiting area for smokers and nonsmokers, if the waiting area for smokers is outside;

(c) Public areas of museums, galleries and libraries;

(d) Every publicly or privately owned enclosed eating establishment, including bars and restaurants;

(e) Enclosed theaters, auditoriums and halls which are used for motion pictures, stage dramas and musical performance, ballet, or other exhibitions or performances; except as to those persons actually acting or appearing in such performances;

(f) Retail food marketing establishments, including grocery stores and supermarkets, except for those areas set aside for the purpose of serving food and drink, restrooms and private offices which are otherwise regulated by this chapter;

(g) Hearing rooms, conference rooms, chambers and places of public assembly in which public business is conducted and when the public business requires or provides for direct participation or observation by the general public;

(h) Polling places;

(i) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.

(Ord. No. 969-2021, § 2, 2-1-2021)

Smoking shall be prohibited in waiting rooms, hallways, and other public areas of health facilities including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices.

(Ord. No. 969-2021, § 2, 2-1-2021)

Other than as provided in section 6.40.030, the following areas shall not be subject to smoking restrictions by the city:

(a) Private residences, excepting a private residence which operates as any form of child care facility, in which case smoking is prohibited during the operating hours of such facility;

(b) Hotel and motel rooms rented to guests, unless otherwise prohibited by the owner or operator or applicable law;

(c) Tobacco shops, where primary sales are tobacco, including attached private smoking lounges;

(d) Unenclosed, outdoor common areas of shopping centers and malls, unless otherwise prohibited by the owner or operator or applicable law.

(Ord. No. 969-2021, § 2, 2-1-2021)

"Smoking Area" or "No Smoking" signs, whichever are appropriate, with letters not less than one inch in height or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) and citing this chapter number shall be clearly, sufficiently, and conspicuously posted in every building where smoking is controlled by this chapter, by the owner, manager or other person having control of such building or other place. Placement of such signs shall be designed so as to afford occupants reasonable notice as to areas subject to the city's smoking regulations.

(Ord. No. 969-2021, § 2, 2-1-2021)

No cigarette or other tobacco product may be sold, offered for sale or distributed by or from a vending machine or appliance, or any other coin operated mechanical device designed or used for vending purposes.

(Ord. No. 969-2021, § 2, 2-1-2021)

The remedies provided in this chapter are cumulative and in addition to any other remedies available at law or in equity. Any violation of this chapter is hereby declared a public nuisance as defined by chapter 6.28 of this Code and subject to penalties and enforcement action as described in section 1.01.150 of the Barstow Municipal Code and any other applicable law.

(Ord. No. 969-2021, § 2, 2-1-2021)