Colfax Municipal Code Ch. 8.30 Prohibiting Smoking Within Designated Areas

The purposes of this chapter are (A) to protect the public health and welfare by regulating smoking in public places under circumstances where people will be exposed to secondhand smoke, and (B) to strike a reasonable balance between the interests of persons who smoke and the interests of nonsmokers, including children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes and recognizing the right of residents and visitors of Colfax to be free from unwelcome secondhand smoke.

(Ord. No. 544, § 1(Exh. A), 10-28-2020)

The provisions of this chapter shall apply to all parcels within the outline of the historic core depicted on the historic core map attached hereto including, but not limited to, assessor parcel numbers: 006-042-005-000; 006-043-002-000 through 006-043-004-000; 006-043-006-000; 006-043-007-000; 006-043-013-000; 006-066-009-000 through 006-066-013-000; 006-066-021-000; 006-066-027-000; 006-066-028-000; 006-067-001-000 through 006-067-011-000; 006-071-002-000 through 006-071-010-000; 006-072-001-000; 006-072-002-000; 006-091-006-000; 006-091-007-000; 006-091-042-000; 006-093-021-000, and 006-093-022-000. The owner of any business or property within the historic district may apply to the city manager for permission to establish a designated outdoor area of limited size in which persons may be allowed to smoke.

(Ord. No. 544, § 1(Exh. A), 10-28-2020)

The following definitions shall apply to the provisions of this chapter:

A. "Business" means any sole proprietorship, partnership, joint venture, corporation or other entity formed for either profitmaking or charitable purposes, including without limitation manufacturing concerns, retail or commercial establishments where goods or services are sold, and professional corporations or other entities where legal, medical, dental, engineering, architectural, financial or other professional services are delivered.

B. "City" or "Colfax" shall mean and refer to the city of Colfax, a California Municipal Corporation and general law city.

C. "Dining area" means an area containing tables or counters upon which meals are served.

D. "Enclosed" means closed in by a roof and by four or more connected floor-to-ceiling walls with appropriate openings for ingress and egress.

E. "Historic district" means the area of the city referred to in Section 8.30.020.

F. "Open to the public" means available for use by or accessible to the general public during the normal course of business conducted by either private or public entities.

G. "Place of employment" means any enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, auditoria, conference and classrooms, employee cafeterias, employee lounges and restrooms, hallways, meeting rooms, private offices, stairs, hallways, work areas, all company vehicles not permanently assigned to one person, and all facilities utilized for manufacturing, processing, assembly, maintenance or repair of any products, goods, equipment, tools, appliances, furnishings or other objects. Private residences and private vehicles are not places of employment except during the time that the residence or vehicle is used as a child care or health care facility.

H. "Primary entrance" means an entryway and used by members of the public as the main source of access for ingress/egress to a facility.

I. "Private residence" means all private single-family and multifamily residential living units, including apartment rental units.

J. "Public place" means any area to which the public is invited or in which the public is permitted where goods or services are sold or provided, including but not limited to retail establishments, restaurants, retail food markets, shopping centers and their parking lots, places of employment, professional corporations or other entities where legal, medical, dental, engineering, architectural, financial or other professional services are delivered, educational facilities, health facilities, bingo parlors, public transportation facilities, reception areas, libraries and museums, retail food production and marketing establishments, restrooms, service lines, elevators, escalators, hallways, lobbies, reception areas, stairways, theaters, sports arenas, automobile dealerships, barber or beauty shops, cleaners, laundromats, polling places and places of public assembly.

K. "Public property" means property or rights-of-way that are owned or under the control of the city of Colfax.

L. "Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club (including veterans' club), boardinghouse or guesthouse, the primary function of which is to give, sell or offer for sale food to the public, guests, patrons or employees.

M. "Sidewalk" means a pedestrian walkway as otherwise defined in Section 5600 of the Streets and Highways Code, as well as all privately maintained pathways in the city, including but not limited to commercial and retail developments, common interest developments, apartments, multifamily developments, single-family developments, and shopping centers.

N. "Smoke" or "smoking" means and includes inhaling or exhaling upon, burning or carrying any lighted cigarette, cigar, pipe, hookah, weed, plant or other combustible substance used for the personal habit commonly known as smoking or an activated electronic cigarette or similar device used for the personal habit commonly known as vaping.

(Ord. No. 544, § 1(Exh. A), 10-28-2020)

A. Smoking shall be prohibited in, on or at the following public places within the historic district:

1. Within twenty (20) feet from the primary entrances and exits to any business or building.

2. Within twenty (20) feet of the perimeter of any outside dining area.

3. All sidewalks.

4. All community-wide special events including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants and fairs.

5. Areas that are on or adjacent to public property, including all city facilities and parks, sidewalks, pathways and parking lots. If required by law, the city shall designate an outdoor smoking area for city buildings that are places of employment.

B. Smoking shall remain prohibited and regulated in all areas of the city within and outside the historic district pursuant to state law as currently in effect or as periodically amended. Nothing in this chapter is intended or shall be construed to restrict the application of state law prohibiting or regulating smoking in any area of the city.

C. Nothing in this chapter is intended or shall be construed to allow smoking of cannabis or cannabis products, as defined by Colfax Municipal Code Section 5.32.050 as currently in effect or as periodically amended.

D. The city reserves the right to designate outdoor areas throughout the historic district in which smoking may be allowed.

(Ord. No. 544, § 1(Exh. A), 10-28-2020)

A. The city manager or his/her designee shall be responsible for enforcing the provisions of this chapter.

B. Private Property. Any owner, manager, operator or employer of any privately owned or operated establishment or private property subject to this chapter shall have the responsibility to inform any person who violates this chapter, about any smoking restrictions in said establishment or on the property or any area under his/her control.

C. Public Property. The city manager or his/her designee shall have the responsibility to inform any person who violates this chapter about any smoking restrictions on public property.

D. Any citizen who wishes to register a complaint for violation of this chapter may do so in the same manner and using the same complaint form as the city provides for reporting ordinance violations.

E. Notice of these requirements shall be given to every business and property owner and every new business license applicant within the historic district.

(Ord. No. 544, § 1(Exh. A), 10-28-2020)

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.

B. It is unlawful for any person to smoke in any area of the city where smoking is prohibited by the provisions of this chapter or state law.

C. It is unlawful for any person to intimidate, harass, or otherwise retaliate against any person who seeks to attain compliance with this chapter. No person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this chapter.

D. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable as follows:

1. A citation or other written warning shall be issued carrying no fine for the first violation.

2. A fine not exceeding twenty-five dollars ($25.00) for the second violation within one year.

3. A fine not exceeding fifty dollars ($50.00) for the third violation of this chapter within one year.

4. A fine not exceeding one hundred dollars ($100.00) for the fourth violation of this chapter within one year.

5. A fine not exceeding two hundred dollars ($200.00) for each subsequent violation of this chapter within one year.

E. Violation of the provisions of this chapter is declared to be a public nuisance that may be abated by appropriate civil action.

F. The remedies provided by this section are cumulative and are in addition to any other remedy existing in law or equity.

(Ord. No. 544, § 1(Exh. A), 10-28-2020)

The city council reserves its right to adopt reasonable rules, regulations, and resolutions consistent with this chapter to enforce, interpret, and carry out the provisions of this chapter. Any such rules and regulations may be adopted by resolution or ordinance of the city council.

(Ord. No. 544, § 1(Exh. A), 10-28-2020)