Compton Municipal Code § 7-28 Smoking Prohibited by Law in Certain Areas

[Ord. #2225, § 2]

The City Council finds that smoking, or the use of any other tobacco product, is a serious danger to the health, discomfort and welfare to nonsmokers who are present in unenclosed areas where there is exposure to secondhand smoke. The U.S. Surgeon General and the U.S. Environmental Protection Agency have concluded that secondhand smoke causes lung cancer and heart disease in healthy non-smokers. In order to protect the public and promote public health, safety and welfare, the declared purposes of this section are to prohibit smoking, or other use of tobacco products, in certain places where nonsmokers, are subject to the exposure of secondhand smoke.

[Ord. #2225, § 2]

The following words and phrases, whenever used in this section, shall be defined as follows:

a. COMMON AREA – Shall mean every enclosed or unenclosed area of a multi-unit residence that residents of more than three units of that multi-unit residence are entitled to enter or use including, but not limited to, hallways, paths, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages or lots, laundry rooms, restrooms, cooking areas and eating areas.

b. DINING AREA – Shall mean any area, including streets and sidewalks, which is available to, or customarily used by, the general public or an employee and which is designed, established, or regularly used for consuming food or drink.

c. ENCLOSED AREA – Shall mean an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has any type of overhead cover and at least three walls or other vertical boundaries of any height. For purposes of this definition, it is not a requirement for such overhead cover or walls (or other vertical boundaries) to include vents or other openings.

d. MULTI-UNIT RESIDENCE – Shall mean property containing three or more adjoining units, as defined in this section, used for dwelling purposes.

e. PERSON – Shall mean any natural person, business, association, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.

f. PLAYGROUND – Shall mean any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on the public or private school grounds, or on City, county, or state park grounds.

g. PUBLIC PARK – Shall mean a park, playground, swimming pool, playing field, and any other area or facility devoted to green-space or recreational use that is owned, leased, or operated by the City of Compton, or for which the City has the right to possession.

h. PUBLIC PLACE – Shall mean any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

i. RECREATIONAL AREA – Shall mean any area, including streets and sidewalks, that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. Recreational area includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller and ice skating rinks, skateboard parks, and amusement parks.

j. RESTAURANT – Shall mean any coffee shop, cafeteria, luncheonette, soda fountain, fast food service, or other establishment where cooked or otherwise prepared food is sold to the public. It shall not include the on-site cafeteria or lunchroom that is part of a business.

k. SERVICE AREA – Shall mean any publicly or privately owned area, including streets and sidewalks that is designed to be used or is regularly used by one 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 adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops, bus shelters, mobile vendor lines or cab stands.

l. SMOKE – Shall mean the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization and the apparent purpose of such release is for human inhalation of the by-products. "Smoke," for purposes of this definition, does not include combustion of material that contains no tobacco or nicotine where the purpose of inhalation is solely for smell, such as smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

m. SMOKING – Shall mean the carrying of a lighted pipe, lighted cigar, an operating electronic cigarette or a lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant.

n. TOBACCO PRODUCT – Shall mean any manufactured substance made from the tobacco plant, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking or ingestion.

o. UNENCLOSED AREA – Shall mean any area that is not an enclosed area, as defined in this section.

p. UNIT – Shall mean a personal dwelling space and includes any associated exclusive-use enclosed area enclosed or unenclosed area such as a private balcony, porch, deck, or patio.

[Ord. #2225, § 2]

Smoking and the use of tobacco products are prohibited in the unenclosed areas of the following places within the City of Compton, except places where smoking or the use of tobacco products are already prohibited by state or federal law, in which case those laws apply.

a. Dining areas.

b. Service areas.

c. Common areas of multi-unit residences.

d. Other public places, including streets and sidewalks, when being used for a public event, including but not limited to a farmer's market, concert, parade, fair, festival, or any other event open to the general public.

[Ord. #2225, § 2]

Smoking or use of tobacco-related products is prohibited in any public park or recreational area within the City of Compton.

[Ord. #2225, § 2]

a. New Multi-Unit Residences. In every new multi-unit residence that receives a certificate of occupancy after the effective date of this section, 100% of the units (including private outdoor spaces associated with such units, such as balconies, patios and decks), shall be nonsmoking units by law.

1. Required Lease Terms. Every lease or other agreement for the occupancy of a unit in a new multi-unit residence shall include:

(a) A clause stating that smoking is prohibited in the unit;

(b) A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in the unit; or (iii) smoke in any multi-unit residence common area in which smoking is prohibited; and

(c) A clause stating that all occupants of the multi-unit residence are express thirty-party beneficiaries of the above required clauses.

2. The California Apartment Association Form 34.0, revised 1/07, meets the requirements for lease terms as outlined and is an option for use to comply with this section.

b. Existing Multi-Unit Residences. In every multi-use residence existing on the effective date of this section, not subject to Paragraph a above, 100% of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks), shall by law be nonsmoking units by January 1, 2013. A person with legal control over a multi-unit residence, such as, for example, a landlord or homeowners' association, may make units nonsmoking prior to January 1, 2013.

1. Required Lease Terms. By January 1, 2013, every lease or other agreement for the occupancy of a unit in an existing multi-unit residence shall include:

(a) A clause stating that smoking is prohibited in the unit;

(b) A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in the unit; or (iii) smoke in any multi-unit residence common area in which smoking is prohibited; and

(c) A clause stating that all occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses.

2. The California Apartment Association's Form 34.0, revised 1/07, meets the requirements for lease terms as outlined and is an option for use to comply with this section.

c. The lease or agreement terms required by Subsection (a) and (b) are hereby incorporated by the law into any lease or other agreement for the occupancy of a unit in a multi-unit residence made on or after the effective date of this section and which does not fully comply with Paragraph a or b.

d. A tenant who breaches the smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (i) the landlord; and (ii) any occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for the tenant's breach of smoking regulations if the landlord has fully complied with the requirements of this section.

e. Failure to enforce any smoking regulation of a lease or agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this section and shall not prevent future enforcement of any such smoking regulation on another occasion.

[Ord. #2225, § 2]

a. Smoking in all unenclosed areas, where smoking is not otherwise prohibited, shall be prohibited within 25 feet from any doorway, window, opening, or vent into an enclosed area in which smoking is prohibited, except while the person smoking is actively passing on the way to another destination and provided smoke does not enter any enclosed area in which smoking is prohibited.

b. Smoking in unenclosed areas, where smoking is not otherwise prohibited, shall be prohibited within 25 feet from any unenclosed areas in which smoking is prohibited under this section, except while the person smoking is actively passing on the way to another destination and provided smoke does not enter any unenclosed area in which smoking is prohibited.

c. The prohibitions in Paragraphs a and b shall not apply to unenclosed areas of private residential properties that are not multi-unit residences.

[Ord. #2225, § 2]

a. Enforcement of this chapter shall be the responsibility of the City Manager or his or her designee. In addition, any peace officer or code enforcement official also may enforce this section.

b. The remedies provided by this section are cumulative and in addition to any other remedies available at law or equity.

c. Each incident of smoking or tobacco use in violation of this section is an infraction subject to a $100 fine. In the discretion of the City Attorney, violations may be prosecuted as infractions or misdemeanors when the interests of justice so require.

d. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall also constitute a violation of this section.

e. No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this section. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this section. Violation of this subsection shall constitute a misdemeanor.

f. Any violation of this section is hereby declared to be a public nuisance.

g. In addition to other remedies provided by this section or by other law, any violation of this section may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

h. Any person acting for the interests of itself, its members, or the general public may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this section against any person who has violated this section two or more times. Upon proof of the violations, a court shall grant all appropriate relief, including: (1) awarding damages; and (2) issuing an injunction or a conditional judgment. If there is insufficient or no proof of actual damages for a specific violation, the court shall award $150 for each violation as statutory damages.

i. Except as otherwise provided, enforcement of this section is at the sole discretion of the City of Compton. Nothing in this subsection shall create a right of action in any person against the City of Compton or its agents to compel public enforcement of this section against private parties.

[Ord. #2225, § 2]

A person, employer, or nonprofit entity that has legal or de facto control of an unenclosed area in which smoking is prohibited by this section shall post a clear, conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include 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). Signs posted on the exterior of buildings to comply with this section shall include the reasonable smoking distance requirement set forth in this section. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this section.