Clearlake Municipal Code § 5-22 Smoking in Public Places

Prior legislation: Ords. #2012-156 and 2012-158.

The City Council of the City of Clearlake declares the purposes of this section are: a. To protect public health, safety and general welfare; b. To guarantee the right of nonsmokers to breathe air free of tobacco smoke and noxious vapor and to recognize that the need to breathe air free of tobacco smoke and noxious vapor has priority over the desire to smoke tobacco products and electronic smoking devices; c. To reduce addiction to tobacco products by youth and young adults; d. To discourage the use of tobacco or other weeds, plants or devices that produce noxious smoke or vapor around persons who do not use such products; e. To protect the public from exposure to tobacco smoke or noxious vapor and other weeds, plants or devices that produce noxious smoke or vapor and to reduce smoking-related pollution; and f. Affirming and promoting a family-friendly atmosphere at City parks and City-sponsored events. (Ord. #233-2019, S2)

The following words and phrases, whenever used in this section, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning: BAR means a separate establishment which is devoted to the serving of alcoholic beverages and in which the serving of food is incidental to the consumption of such beverages, including cocktail lounge or tavern. A bar, cocktail lounge, or tavern which is in the same building as and part of a restaurant is not considered under this definition of a bar, except if physically separated by full walls from the remaining room(s) of the restaurant and in which no person under the age of eighteen (18) years is allowed to enter, except to travel to restroom facilities or a nonbar portion of the restaurant. BUSINESS means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities under which professional services are delivered.

CANNABIS and CANNABIS PRODUCTS have the same meaning as set forth in California Health and Safety Code Sections 11018 and 11018.1, and any future amendments to those code sections that may result. DINING AREA means any area, including streets and sidewalks, which is available to or customarily used by the general public, and which is designed, or regularly used, for consuming food or drink. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Electronic smoking device” does not include any product specifically approved by the United States Food and Drug Administration for the use in the mitigation, treatment, or prevention of disease. EMPLOYEE means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, including those employed full-time, part-time, temporarily or contracted for from a third party. EMPLOYER means any person, partnership, corporation, or nonprofit entity who employs the services of one (1) or more persons, including themselves. ENCLOSED means closed in by a roof and four (4) or more connected, floor-to-ceiling walls with appropriate openings for ingress and egress. If an enclosed area is divided by internal partial walls or other “office landscaping,” it is still, in its entirety, enclosed. This would include but not be limited to lobbies, lounges, waiting areas, elevators, hallways, restrooms, and stairwells, that are a structural part of the building. NO SMOKING SIGN means a sign with letters of no less than one (1") inch in height or which contains 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). NONPROFIT ENTITY means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are not for private financial gain. A public agency is not a “nonprofit entity” within the meaning of this section. PLACE OF EMPLOYMENT means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a “place of employment” unless it is used as a child care or health care facility. PUBLIC PLACE means any area, publicly or privately owned, to which the public is invited or in which the public is permitted, including but not limited to clubhouses, meeting halls, community centers, elevators, restrooms, lobbies, public hallways, waiting rooms, banks, retail stores, laundromats, beauty and barbershops, hotels/motels, retail food marketing establishments, including grocery stores and supermarkets, galleries, restaurants, clubs, taxis and buses. PUBLIC RECREATION AREA means a public park or other public recreation area within the City of Clearlake including, but not limited to, the following: Redbud Park, Valentine Ballfields, Highlands Park, Andy Johnson Memorial BMX/Skatepark; Austin Park and Austin Resort area, and Haverty Field. It is the intent of this section to include, but not be limited to, parks, picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, skateboard parks and amusement parks open to the public for recreational use. RESTAURANT means any coffee shop, cafeteria, including private and public school cafeteria, sandwich stand, and any other eating establishment and associated outdoor eating area, which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions, except that the term “restaurant” shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a “bar” as defined in this section. SERVICE AREA means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one (1) or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or within twenty-five (25') feet of information kiosks, automated teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, and cab stands. SMOKE means the gases, particles or vapors released into the air by combustion, electronic ignition or vaporization when the apparent or usual purpose of the combustion, electronic ignition or vaporization is human inhalation of the resulting combustion products, including but not limited to tobacco smoke, cigarette smoke, cannabis smoke, and gases, aerosol or vapor released by the ignition of e-cigarettes or e-devices. “Smoke” does not include the product of combustion of incense or similar products when used solely for olfactory purposes and does not contain tobacco or nicotine. SMOKING means inhaling or exhaling from, or burning or carrying, any lighted cigarette, cigar, pipe, cannabis, plant, or other combustible substance whose smoke is intended to be inhaled or inhaling or exhaling from any electronic smoking device. “Smoking” includes the use of an electronic cigarette, electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. TOBACCO PRODUCT means (1) product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; (3) any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco products” do not include products approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. WORK AREA or WORKPLACE means any area of a place of employment enclosed by floor-to-ceiling walls in which one (1) or more employees are assigned to perform work for an employer. (Ord. #233-2019, S2)

a. Smoking is prohibited within any public recreation area.

b. Smoking is prohibited within twenty-five (25') feet of public entrances, public exits, not including emergency only exits, open windows, or ventilation systems of any of the following enclosed places: 1. Places of employment; 2. Public places, whether publicly or privately owned or operated; 3. Bars and restaurants. c. Smoking is prohibited within twenty-five (25') feet of the following unenclosed places: 1. Outdoor dining areas; 2. Service areas; 3. Stairways of public buildings or buildings where members of the public are invited; 4. Any event at which a special event permit is issued by the City, such as farmer’s markets, street fairs, street dances, etc., and where signs have been posted prohibiting smoking in the event area. (Ord. #233-2019, S2)

a. No employer, business, nonprofit entity or landlord shall knowingly or intentionally permit smoking in an area which is under their control and in which smoking is prohibited. No person shall be found in violation of this subsection unless they have first been issued a written notice of violation by the City within the prior year. b. No owner, operator, manager or other person having control of an area shall place or permit the presence or placement of ash receptacles, such as, without limitation, ash trays or ash cans, within an area which is under their control and in which smoking is prohibited by this section. c. Nothing in this section prohibits a person in control of an area in which smoking would otherwise be permitted from declaring that area as a nonsmoking area. (Ord. #233-2019, S2)

Notwithstanding any other provision of this section to the contrary, the following areas shall not be subject to the smoking restrictions of this section: a. Private detached single-family residences, except when used as a childcare or health care facility; b. Multi-unit dwellings leased to a residential tenant. (Ord. #233-2019, S2)

a. “No smoking” signs shall be clearly, sufficiently and conspicuously posted on the exterior of every building or other place where smoking is prohibited by this section, by the owner, operator, manager or other person having control of such building or other place. The sign shall include the smoking distance limitations contained in this section. 1. For multi-unit commercial properties, “No smoking” signs may be posted at the entrances to property where the restrictions apply in lieu of posting signage on each building. Signs which have been removed shall be replaced within five (5) working days. b. “No smoking” signs shall be clearly, sufficiently and conspicuously posted at public recreation areas, bus stops and bus shelters where smoking is prohibited by this section. The sign shall include the smoking distance limitations contained in this section. c. The City may direct an employer, business, nonprofit entity or landlord to install signage when smoking occurs in an area under their control and in which smoking is prohibited. Notice shall be delivered in writing and is subject to appeal to the City Manager. Signage shall be installed within thirty (30) days of the written notice. (Ord. #233-2019, S2)