Buellton Municipal Code Ch. 9.10 Regulation of Smoking in Public Places

In addition to the smoking prohibitions enacted pursuant to state law, smoking shall be prohibited in the following public places within the city of Buellton.

A. Smoking shall be prohibited within 20 feet of any entrance to an area or building where smoking is prohibited. Ashtrays or any receptacle used to dispose of burning tobacco products shall also be prohibited within 20 feet of any entrance to an area or building where smoking is prohibited. Exception: 25% of the outdoor seating sections of restaurants and 100% of the outdoor seating sections of bars may allow smoking with the following conditions:

1. In the case of restaurants, smoking sections must be designated, the entire smoking section must be in the same area, and must be located the furthest distance from the restaurant entrance so as to minimize the chance of smoke entering the restaurant.

2. Smoking in the outdoor seating sections of restaurants or bars may only take place provided that smoke does not enter adjacent work sites or residences. The smoking section of these outdoor areas must be clearly marked with signs.

B. Buses or other means of public transit, enclosed or not, including ticket, boarding, and waiting areas of public transit stops, enclosed or not.

C. Areas of the lobby in a motel, hotel, or other similar transient lodging establishment.

D. Meeting and banquet rooms in a hotel, motel, or other transient lodging establishment, restaurants, and public meeting halls, including the corridors and pre-function areas adjacent to and serving the meeting or banquet rooms.

E. Polling places, enclosed or not.

(Ord. 12-01 § 3, 2012)

No person shall smoke or use tobacco products anywhere in the following city parks: Riverview Park, Oak Park, and Paws Park.

(Ord. 12-01 § 3, 2012)

A. Nothing in this chapter shall be construed to prohibit smoking or use of tobacco products in any area in which such smoking or use of tobacco products is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation.

B. Other Requirements and Prohibitions.

1. No ash can, ashtray, or other smoking or tobacco product waste receptacle shall be placed in any area in which smoking and the use of tobacco products are prohibited by this chapter.

2. No person shall knowingly permit smoking or use of tobacco products in an area under the person's legal or de facto control in which smoking and use of tobacco products are prohibited by this chapter.

3. The presence of smoking or tobacco product waste receptacles in violation of subsection (B)(1) and the absence of signs shall not be a defense to a violation of any provision of this chapter.

4. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

5. Each instance of smoking or use of tobacco products in violation of this chapter shall constitute a separate violation. Each day of a continuing violation of this chapter shall constitute a separate violation.

C. Definitions.

"Smoke"

means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

"Smoking"

means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.

"Tobacco product"

means any substance containing tobacco leaf, 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 a 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.

(Ord. 12-01 § 3, 2012)

A. Signs. "Smoking" 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 in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted at each entrance to every building or other place where smoking is regulated by this section, by the owner, operator, or manager or other person having control of such building or other location.

B. Signs—Hotels and Motels. Every hotel and motel located within the city shall have signs posted conspicuously in the registration and lobby areas which state that nonsmoking rooms are maintained and may be available; rooms designated as being nonsmoking shall have signs announcing such restriction conspicuously placed within the room.

(Ord. 12-01 § 3, 2012)

A. The city manager or designee shall enforce and implement the ordinance codified in this chapter with the assistance of the county health officer.

B. Any citizen who desires to register a complaint under this chapter may request the city manager to initiate enforcement.

C. Violations of this chapter will result in the penalties for an infraction as described in Chapter 1.28 of the municipal code.

(Ord. 12-01 § 3, 2012)