Concord Municipal Code Art. II Smoking in Public Places and Places of Employment

(a) Smoking is prohibited in all buildings, including within 25 feet of any exit, entrance, or operable window of a building, vehicles, and other enclosed areas occupied by city employees, owned or leased by the city, or otherwise operated by the city.

(b) Smoking is prohibited in any unenclosed area owned or leased by the city, including parks, parking lots, corporation yards, and the grounds of any building owned or leased by the city. The City Manager or designee may designate a smoking area.

(Code 1965, § 4942; Code 2002, § 38-33. Ord. No. 85-52; Ord. No. 93-4; Ord. No. 19-7, § 6 (Exh. A))

(a) Purpose. The intent and purpose of prohibiting smoking at the identified locations includes, but is not limited to, protecting the public health, safety, and welfare by reducing the number of locations in downtown Concord where exposure to secondhand smoke can occur.

(b) Smoking is prohibited in the following places:

(1) All areas of downtown Concord accessible to the general public, except within smoking areas designated pursuant to subsection (c) of this section.

a. For the purposes of this section, “downtown Concord” means that portion of downtown within Parking Assessment District No. 60, as established by Ordinance No. 81-1211, adopted by the City Council on July 27, 1981, as generally shown on the map in Exhibit A.

EXHIBIT A. PROHIBITION OF SMOKING IN DOWNTOWN CONCORD[Figure]

Boundaries of downtown Concord for the purposes of this section.

b. This prohibition applies to the sidewalks along public and private streets within and around the perimeter of the area defined in subsection (b)(1)a. of this section, pedestrian alleys, pedestrian paseos and plazas, walkways providing access from parking lots and structures to stores or sidewalks, and all other pedestrian paths or areas that are accessible to the general public.

c. Smoking is further prohibited in any unenclosed areas within 25 feet of any pedestrian path or area identified in subsection (b)(1)b. of this section.

(2) Transit vehicles and stations. Smoking is prohibited in all transit vehicles and at all transit stations, except within smoking areas designated pursuant to this article.

a. For the purposes of this section, transit vehicles include all buses, shuttles, and similar transit vehicles.

b. For the purposes of this section, “transit stations” means all enclosed and unenclosed multi-modal platforms, sidewalks, shelters, benches, and areas where people wait for trains, buses, taxis, or other public transit, and ancillary areas such as restrooms, vending machine or kiosk areas, bicycle parking areas, and pedestrian paths and walkways.

(c) Locations within downtown Concord where smoking is permitted, even when smoking would otherwise be prohibited per this section:

(1) Single-family detached dwelling unit. To the extent not otherwise prohibited by law, smoking is permitted inside single-family detached dwelling units and unenclosed areas associated with the single-family detached dwelling unit, except when a single-family detached dwelling unit is being used for child care or as a health care facility, subject to applicable licensing requirements.

(2) Private vehicles. Smoking is permitted inside a private vehicle, unless otherwise prohibited by this Code or state law.

(3) Designated smoking areas. The owner or operator with control over any privately owned property may designate an area where smoking is permitted in a location where smoking would otherwise be prohibited under this article, provided that:

a. The smoking area is as small as is practicable to accommodate the number of smokers that are expected to use the area. Notwithstanding this criteria, an owner may not designate a smoking area that would be smaller than 50 square feet, or with a dimension on any side less than five feet.

b. Designated smoking areas within outdoor dining areas shall not exceed 40 percent of the total floor area utilized for outdoor dining. Within outdoor dining areas, designated smoking areas must be separated from nonsmoking areas with a physical barrier that prevents secondhand smoke from passing between the two areas. The physical barrier shall be the lesser of (1) at least seven feet in height, or (2) extend to the ceiling or covering of the outdoor dining area. The owner may use a ventilation system in place of a physical barrier, provided such owner demonstrates to the satisfaction of the City Manager, or his or her designee, that the proposed ventilation system will be at least as effective as a physical barrier in preventing secondhand smoke from passing between designated smoking areas and nonsmoking areas. In addition, any such designated smoking area shall not be visible from the property frontage.

c. The smoking area is not located within five feet of any entrance or exit, or walkway to such entrance or exit, of any building or facility open to the public.

d. The smoking area is posted with one or more conspicuously displayed signs that identify the area as a designated smoking area.

e. The City Manager or his or her designee may require that any designated smoking area be modified or removed if, in the sole and absolute discretion of the City Manager or his or her designee, it does not satisfy the criteria of subsection (d)(3) of this section.

(d) Posting of signs.

(1) Time of posting. Every business or property subject to this chapter shall post the signs required by this section within 30 days of the effective date of the ordinance codified in this chapter. Every business or property which becomes subject to the provisions of this section after the effective date shall post the required signs immediately upon commencing operations.

(2) Sign locations.

a. Every outdoor dining area, outdoor shopping area, and outdoor shopping center where smoking is prohibited by this section must have one or more conspicuously displayed signs stating that smoking is prohibited within downtown Concord. Multiple signs must be provided as appropriate for larger areas to ensure that signs are readily visible to all users of the area.

b. Every entrance to a building or other enclosed space that is open to the general public must have at least one conspicuously displayed sign stating that smoking is prohibited within downtown Concord per this section.

c. The City Manager will cause the installation of conspicuously displayed signs indicating that smoking is prohibited at appropriate locations in all unenclosed city facilities and transit facilities and at the entrance to all enclosed city facilities and transit facilities where smoking is prohibited under this section.

d. The City Manager will cause the installation of conspicuously displayed signs indicating that smoking is prohibited at appropriate locations on public sidewalks and other public pedestrian areas in the downtown Concord.

e. Signs required under this section are exempt from the sign requirements in the Development Code.

(3) Sign content and materials.

a. The signs required herein must have text and/or graphics to clearly indicate that smoking is prohibited in the area and include an appropriate Municipal Code citation.

b. Any text must be clearly contrasted with the background and must be a minimum of one inch tall. The text must state “No Smoking,” “Smoke Free Area,” or another phrase to clearly indicate that smoking is prohibited.

c. Any graphics must be substantially similar to 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.

d. All signs located in unenclosed areas must be made of permanent, weather-resistant materials.

(Code 1965, § 4943; Code 2002, § 38-34. Ord. No. 85-52; Ord. No. 93-4; Ord. No. 11-5; Ord. No. 13-6; Ord. No. 19-7, § 6 (Exh. A))

(a) Smoking is prohibited in the following places within the city:

(1) Enclosed places of employment, in accordance with California Labor Code Section 6404.5.

(2) Enclosed public places.

(3) Parks.

(4) Within 25 feet of a playground or tot lot sandbox area, including the disposal of tobacco-related waste, such as cigarette butts, in accordance with California Health and Safety Code Section 104495.

(5) All enclosed and unenclosed common areas, on or after the effective date, other than in a designated smoking area established pursuant to Section 8.35.100, is a violation of this chapter.

(6) A new unit, including any associated exclusive-use enclosed areas or unenclosed areas, such as a private balcony, porch, deck, garages, carport areas or patio, on or after the effective date, is a violation of this chapter.

(7) An existing unit, including any associated exclusive-use enclosed areas or unenclosed areas, such as a private balcony, porch, deck, garages, carport areas or patio, on or after January 1, 2021, is a violation of this chapter.

(8) A recreational vehicle, mobile home, or manufactured home located in a mobile home park.

(9) Sports and entertainment, assembly and sports and recreation facility, except a designated smoking area may be provided, which shall be segregated from nonsmoking areas.

(10) Single-family detached dwelling unit, when used as child care or health care facilities.

(b) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.

(Code 1965, § 4944; Code 2002, § 38-35. Ord. No. 85-52; Ord. No. 93-4; Ord. No. 11-5; Ord. No. 19-7, § 6 (Exh. A))

Notwithstanding any provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article:

(1) A single-family detached dwelling unit except when used as a family day care home or health care facility, subject to licensing requirements.

(2) Inside an accessory dwelling unit, attached to or detached from a single-family dwelling unit, permitted pursuant to California Government Code Section 65852.1, 65852.150, 65852.2 or an ordinance of the city adopted pursuant to those sections, except if the single-family detached dwelling unit or accessory dwelling unit is used as a family day care or health care facility, subject to licensing requirements.

(3) A recreational vehicle, mobile home, or manufactured home not located in a mobile home park.

(4) Hotel and motel rooms rented to guests; provided, however, that each hotel and motel designates not less than 80 percent of its guestrooms as nonsmoking rooms and removes ashtrays from these rooms.

(5) Retail or wholesale tobacco shops and private smokers’ lounges that deal exclusively in the sale of tobacco and smoking paraphernalia.

(Code 1965, § 4946; Code 2002, § 38-37. Ord. No. 85-52; Ord. No. 93-4; Ord. No. 11-5; Ord. No. 19-7, § 6 (Exh. A). Formerly 8.35.070)

(a) “Smoking” or “No Smoking” signs, whichever are appropriate, with letters of not less than one inch 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 diagonal bar across it) shall be clearly, sufficiently, and conspicuously posted in every building or other place where smoking is controlled by this article, by the owner, operator, manager, or other person having control of such building or other place.

(b) Every hotel or motel regulated by this article will have posted at its entrance a sign clearly stating that nonsmoking rooms are available, and every patron shall be asked as to his preference.

(Code 1965, § 4947; Code 2002, § 38-38. Ord. No. 85-52; Ord. No. 93-4; Ord. No. 11-5; Ord. No. 19-7, § 6 (Exh. A). Formerly 8.35.080)

Vending machines as defined in Section 8.35.020 may be located only on those premises which have either a Type 61, Type 42, or Type 48 license from the Department of Alcoholic Beverage Control. Vending machines must be located at least 25 feet from any entry into the premises.

(Code 1965, § 4948; Code 2002, § 38-39. Ord. No. 85-52; Ord. No. 93-4; Ord. No. 11-5; Ord. No. 19-7, § 6 (Exh. A). Formerly 8.35.090)

(a) Distribution of free samples and coupons.

(1) No person, firm, association, or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall, in the course of such business, distribute, direct, authorize, or permit any agent or employee to distribute: (a) any cigarette or other tobacco or smoking products, including any smokeless tobacco products; or (b) coupons, certificates, or other written material which may be redeemed for tobacco products without charge, to any person on any public street or sidewalk; in any public park, playground, or on any other public ground; or in any public building.

(2) No agent or employee of any person, firm, association, or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall, in the course of such business, distribute: (a) any cigarette or other tobacco or smoking products, including any smokeless tobacco products; or (b) coupons, certificates, or other written material which may be redeemed for smoking products without charge, to any person on any public street or sidewalk; in any public park, playground, or on any other public ground; or in any public building.

(3) For purposes of this section, “public ground” and “public building” include sports and entertainment, assemblies and sports and recreation facilities as defined in Section 8.35.020, except a bar, whether enclosed or unenclosed, for which a charge is made for admission, whether publicly or privately owned.

(b) Out-of-package sales. No person shall sell, or offer for sale, cigarettes, smoking products, or smokeless tobacco not in the original packaging provided by the manufacturer.

(Code 1965, § 4949; Code 2002, § 38-40. Ord. No. 85-52; Ord. No. 93-4; Ord. No. 11-5; Ord. No. 19-7, § 6 (Exh. A). Formerly 8.35.100)