Camarillo Municipal Code Ch. 9.24 Regulation of Smoking

Footnotes:

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Editor's note— Ord. No. 1129, § 3(Exh. A), adopted Sept. 28, 2016, amended chapter 9.24 in its entirety to read as herein set out. Former chapter 9.24, §§ 9.24.010—9.24.0110, pertained to similar subject matter, and derived from Ord. No. 1053, § 2, 4-28-2010; Ord. No. 1088, §§ 2—4, 6-11-2014.

In addition to the definitions contained in this code, including the city's Zoning Ordinance, the following words and phrases are defined as set forth below, for the purpose of this chapter, unless the context clearly requires a different definition:

A. "Business" means any sole proprietorship, partnership, joint venture, corporation or other legal entity formed for profit-making purposes, including but not limited to, retail establishments where goods and/or services are sold, and professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are provided.

B. "Dining area" means any area, including streets and sidewalks, available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink.

C. "Employee" means any person who is employed or retained as an independent contractor by any business, employer or non-profit entity in consideration for direct or indirect monetary wages or profit. Employee also means any person who volunteers his or her services to a non-profit entity, business or employer.

D. "Employer" means any person, business or non-profit entity that retains the services of one or more employees.

E. "Enclosed area" means all space in a building between a floor and ceiling which is enclosed on all sides by solid walls or windows exclusive of door or passage ways which extend from the floor to the ceiling; and all areas which are screened by partitions which do not extend to the ceiling or are not solid.

F. "Family day care home" means a home providing day care for children, which is subject to state and/or county licensing requirements.

G. "Multi-unit residence" means a building or portion thereof designed for occupancy by two or more families living independently of each other, with each provided with kitchen facilities. A single-family house shared by roommates is not a multi-unit residence for purposes of this section.

H. "Multi-unit residence common area" means every area of a multi-unit residence accessible to and usable by the occupants of more than one dwelling space, including but not limited to halls, lobbies, laundry rooms, paths, courtyards, elevators, stairs, community rooms, outdoor eating areas, play areas and swimming pools.

I. "Non-profit entity" means any corporation, unincorporated association or other legal entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain.

J. "Parking lot" means a parking area, whether public or private, used for the parking of vehicles and available for public use, either free of charge or for remuneration.

K. "Place of employment" means any area under the control or possession of an employer, business or non-profit entity which employees may enter during the course of their employment, including but not limited to, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges and restrooms, conference and banquet rooms, bingo and gaming facilities, retail tobacco stores, long-term health care facilities, warehouses, and employee cafeterias and hallways. A private residence is a "place of employment" if it is used, at any time, as a family day care home or residential care home.

L. "Public place" means any area to which the public is invited or in which the public is permitted, regardless of any fee or age requirement, but does not include streets or sidewalks, except those streets or sidewalks designated by city council resolution.

M. "Reasonable distance" means a distance of twenty-five feet in any direction from an area in which smoking is prohibited.

N. "Recreational area" means any area that is publicly or privately owned, and open to the general public for recreational purposes regardless of any fee requirement, including but not limited to, parks, picnic areas, gardens, swimming pools, walking paths, skateboard parks, sporting facilities, stadiums, fitness clubs and playgrounds, but does not include golf course fairways.

O. "Residential care home" means a home providing round-the-clock care for children or elderly persons, which is subject to state and/or county licensing requirements.

P. "Retail smoking products store" means any retail business establishment generating at least 90 percent of its revenues from the sale of smoking products, including but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices and smoking accessories.

Q. "Service area" means any publicly or privately owned area, including streets and sidewalks, designed to be used or regularly used by one or more persons to receive or wait to receive a service, enter a public place or place of employment, or make a transaction, whether or not the exchange of money is involved. The term "service area" includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands.

R. "Sidewalk" means any public or private sidewalk or walkway located in a public place.

S. "Smoke" means the gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Smoke does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense, that does not contain any tobacco or nicotine or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating, treating or preventing disease.

T. "Smoking" means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, an operating electronic smoking device, or any other act of smoking as defined in Section 22950.5(c) of the Business & Professions Code.

U. Smoking lounge" means a business established for the purpose of providing customers with a place to purchase and smoke cigarettes, cigars and pipe tobacco, electronic smoking devices and or the purchase of smoking accessories and which generates at least 90 percent of its revenues from the sale of tobacco products and/or electronic smoking devices, including but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, and smoking accessories.

V. "Unenclosed area" means any area that is not an enclosed area.

W. "Electronic smoking device" means an electronic or battery-operated device that delivers vapors for inhalation. This term includes every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

A. Smoking is prohibited in the following enclosed and unenclosed areas within the City of Camarillo, except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:

(1) Public places;

(2) Dining areas;

(3) Recreation areas;

(4) Service areas;

(5) Private residences if used, at any time, as a family day care home or residential care home;

(6) The permitted sites of public events held in unenclosed areas, including but not limited to sports events, entertainment and speaking performances, ceremonies, pageants, parades, farmers' markets and fairs, whether in a private venue or on a public street. This prohibition applies from the time 60 minutes before the event begins to the time 60 minutes after the event ends;

(7) Multi-unit residence common areas, but not including parking lots; and;

(8) Sidewalks designated by city council resolution.

B. Smoking is prohibited in all enclosed and unenclosed places of employment, except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies, and except as provided for in Section 9.24.030E of this chapter.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

Notwithstanding any other provision of this chapter, smoking is permitted in the following areas unless prohibited by federal or state law:

A. Private residences, except if used, at any time, as a family day care or residential care home, subject to state and/or county licensing requirements;

B. Retail smoking products stores and smoking lounges that are located in a building which contains no other businesses or uses and the walls of the building are at least ten feet from any other building; except that smoking of electronic smoking devices is permissible in smoking lounges legally in operation on the effective date of this ordinance at their current location even if said smoking lounge is in a building that contains other businesses with adjacent to that smoking lounge.

C. Parking lots, except:

(1) Smoking is not permitted in parking lots when the parking lot is included in an approved permit for a public event.

(2) Smoking is not permitted in parking lots within a reasonable distance of any location where smoking is prohibited by this chapter.

D. Streets and sidewalks, except:

(1) Smoking is not permitted on streets or sidewalks designated as "No Smoking" by city council resolution.

(2) Smoking is not permitted on streets or sidewalks within a reasonable distance of any location where smoking is prohibited by this chapter.

E. Up to twenty percent of hotel and motel guest rooms, provided at least 80 percent of the guest rooms in a hotel or motel are designated as permanent non-smoking rooms and ashtrays and matches are permanently removed from such non-smoking rooms. Permanent "No Smoking" signage must be posted in non-smoking rooms; and

F. Enclosed places of employment when all three of the following criteria are satisfied:

(1) There are no employees other than the owner(s) or operator(s) of the business or non-profit entity;

(2) The public is not permitted in such places of employment; and

(3) The enclosed area containing the place of employment is located in a building which contains no other businesses or uses and the walls of the building are at least ten feet from any other building.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

A. Smoking in unenclosed areas is prohibited within a reasonable distance from any entrance, exit, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination and so long as smoke does not enter any enclosed area in which smoking is prohibited.

B. Smoking in unenclosed areas is prohibited within a reasonable distance from any unenclosed area in which smoking is prohibited under Section 9.24.020 of this chapter, except while actively passing on the way to another destination.

C. The prohibitions in subsections (A) and (B) do not apply to unenclosed areas of private residential properties that are not multi-unit residences.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

A. No person, employer, business or non-profit entity may knowingly permit smoking in an area which is under the control or possession of the person, employer, business or non-profit entity and in which smoking is prohibited by law and the person, employer, business or non-profit entity is not otherwise compelled to act under state or federal law.

B. No person may dispose of any cigarette, cigar or tobacco or electronic smoking device or any part of a cigarette or cigar or electronic smoking device except in a designated waste disposal container.

C. Notwithstanding any other provision of this chapter, any person, landlord, employer, business or non-profit entity who controls any property, establishment or place of employment regulated by this chapter may declare any part of such area in which smoking would otherwise be permitted to be a non-smoking area.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

A. Signs for Enclosed Areas.

(1) Signs with the words "No Smoking in This Establishment or Within 25 Feet of Entrances, Exits and Operable Windows," a City of Camarillo phone number where complaints can be directed, and citation of this Chapter, California Labor Code Sec. 6404.5 and California Government Code Sec. 7597, will be provided by the city and must be conspicuously posted at all entrances to every enclosed area in which smoking is prohibited by this chapter by the person, employer, business or non-profit entity having control or possession of such place. For purposes of this chapter, the city manager or designee will be responsible for the posting of signs in facilities owned or leased in part by the City of Camarillo.

(2) For enclosed buildings with multiple tenants, signs with the wording specified in this section must be conspicuously posted at each exterior entrance to the building by the person, employer, business or non-profit entity having control or possession of such building. Individual enclosed areas within the multiple-tenant building need not be posted.

B. Signs for All Other Areas. "No Smoking" or "Smoke Free" signs, with letters of no less than two inches 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) must be clearly, sufficiently and conspicuously posted in every unenclosed area in which smoking is prohibited by this chapter by the person, employer, business or non-profit entity having control or possession of such place.

C. In any business where smoking is permitted in enclosed areas pursuant to this chapter and, in addition to the "No Smoking" sign requirements of Section 9.24.030E:

(1) Signs must be permanently posted which include the words: "WARNING: SMOKING ALLOWED IN THIS ESTABLISHMENT" or "WARNING: SMOKING ALLOWED IN PORTIONS OF THIS ESTABLISHMENT";

(2) Each such sign must be printed in capital letters not less than two inches in height; and

(3) All such signs must be posted so as to be clearly visible from the exterior of the entrance(s) to the building.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

A. A violation of this chapter constitutes an infraction, subject to penalties as provided for in Chapter 1.12 of this code.

B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter will constitute a violation.

C. The remedies provided by this chapter are cumulative and in addition to any other remedy available at law or in equity.

D. Enforcement of this chapter may be implemented by the city manager. Any peace officer or code enforcement official also may enforce this chapter.

E. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter creates a right of action in any person against the city or its agents to compel public enforcement of this chapter against private parties.

F. Punishment under this section will not preclude punishment pursuant to Health & Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this section precludes any person from seeking any other remedies, penalties or procedures provided by law.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

No person, business, employer or non-profit entity may intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

The city manager, in conjunction with the Ventura County Department of Health and other health organizations, may engage in a continuing program to explain and clarify the purposes and requirements of this ordinance to citizens affected by it, and to guide owners, operators, employers and managers in their compliance with it. Such program may include the publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

This chapter will not be interpreted or construed to permit smoking where it is otherwise prohibited by other applicable laws.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)

All facilities owned, leased or controlled by the city or by any other public agency will be subject to the provisions of this chapter, unless now or hereafter the application of this chapter to such public facilities is prohibited or preempted by applicable law.

(Ord. No. 1129, § 3(Exh. A), 9-28-2016)