Contra Costa County Municipal Code Ch. 445-4 Secondhand Smoke

(a) Smoking is prohibited in all buildings, vehicles, and other enclosed areas occupied by county employees, owned or leased by the county, or otherwise operated by the county.

(b) Smoking is prohibited in all outdoor areas owned or leased by the county, including parking lots, the grounds of the county's hospital and health clinics, and the grounds of all other buildings owned or leased by the county.

(c) Smoking is prohibited on the grounds of the county's jails and county juvenile system facilities to the extent allowed by law.

(Ord. No. 2014-06, § II, 6-17-14; Ords. 2006-66 § 5, 91-44 § 2)

Editor's note— Ord. No. 2014-06, § II, adopted June 17, 2014, amended the title of § 445-4.002 to read as set out herein. Previously § 445-4.002 was titled county-owned facilities.

Smoking is prohibited in the following places within the unincorporated area of Contra Costa County:

(a) Enclosed places of employment.

(b) Enclosed public places.

(c) Service areas.

(d) All areas within twenty feet of doors, windows, air ducts, and ventilation systems of enclosed places of employment, except while passing on the way to another destination.

(e) All areas within twenty feet of doors, windows, air ducts, and ventilation systems of enclosed public places, except while passing on the way to another destination.

(f) The following outdoor areas:

(1) Outdoor dining areas at bars and restaurants.

(2) Outdoor lounges and outdoor dining areas at places of employment.

(3) Public trails and public parks.

(4) Public event venues.

(g) All multi-unit residence common areas, except that a landlord may designate a portion of an outdoor common area as a smoking area. A designated smoking area of an outdoor common area of a multi-unit residence must not overlap with any area where smoking is otherwise prohibited by local, state, or federal law; must be located at least twenty-five feet in all directions from non-smoking areas; must not include areas used primarily by children; must be no more than twenty-five percent of the total outdoor common area; must have a clearly marked perimeter; and must be identified by conspicuous signs.

(h) All areas within twenty feet of doors, windows, air ducts, and ventilation systems of multi-unit residences, except while passing on the way to another destination.

(i) All outdoor balconies, porches, decks, patios, and carports of multi-unit residences.

(j) All dwelling units in any multi-unit residence, except as otherwise provided in Section 445-4.006.

(Ord. No. 2018-07, § II, 3-13-18; Ord. No. 2010-10, § III, 10-12-10; Ords. 2006-66 § 5, 91-44 § 2)

(a) Smoking is permitted at any location within the county unless otherwise prohibited by this code or by state or federal law.

(b) If a dwelling unit in a multi-unit residence is subject to a lease or other rental agreement and smoking is authorized under the lease or rental agreement, smoking is permitted in the dwelling unit until the lease or rental agreement is modified to prohibit smoking in accordance with Section 445-4.014.

(c) If a dwelling unit in a multi-unit residence is owner-occupied, smoking is permitted in the owner-occupied dwelling unit until July 1, 2019.

(Ord. No. 2018-07, § III, 3-13-18; Ord. No. 2010-10, § IV, 10-12-10; Ords. 2006-66 § 5, 91-44 § 2)

"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 bar across it), shall be conspicuously posted in every building or other place where smoking is regulated by this division by the owner, operator, manager or other person having control of the building or other place. This section does not require the posting of "No Smoking" signs inside or on the doorway of any dwelling unit in a multi-unit residence.

(Ord. No. 2018-07, § IV, 3-13-18; Ords. 2006-66 § 5, 91-44 § 2)

No ashtray or other receptacle used for disposing of smoking materials may be placed at any location where smoking is prohibited by this division or otherwise prohibited by law.

(Ord. No. 2009-26, § II, 10-20-09)

In a multi-unit residence where units are rented or leased to tenants, the owner and manager of the residence shall disclose whether a policy for handling smoking complaints is in effect at the multi-unit residence, and if so, shall provide a copy of that policy to each tenant along with every new lease or rental agreement for the occupancy of a unit in the multi-unit residence.

(Ord. No. 2018-07, § V, 3-13-18; Ord. No. 2009-26, § III, 10-20-09)

Editor's note— Ord. No. 2018-07, § V, adopted March 13, 2018, amended § 445-4.012 to read as set out herein. Previously § 445-4.012 was titled "Disclosure of non-smoking residential units."

(a) Commencing July 1, 2018, every lease and other rental agreement for the occupancy of a dwelling unit in a multi-unit residence that is entered into, renewed, or continued month-to-month must include the terms specified in subsection (b) on the earliest possible date allowed by law after providing any required legal notice.

(b) Required Terms.

(1) A clause stating that smoking is prohibited in all dwelling units must be included in the written agreements specified in subsection (a).

(2) A clause stating that it is a material breach of the lease or rental agreement to:

(i) Violate any law regarding smoking while on the premises;

(ii) Smoke in any dwelling unit; or

(iii) Smoke in any multi-unit residence common area where smoking is prohibited, must be included in the written agreements specified in subsection (a).

(c) The California Apartment Association's Form 34.0, revised December 2016 and as amended from time to time, may be used to comply with this section.

(d) A landlord's failure to enforce any smoking regulation of a lease or rental agreement on one or more occasions does not constitute a waiver of the lease or rental agreement provisions required by this section and does not prevent future enforcement of the lease or rental agreement provisions required by this section.

(e) A landlord is not liable under this chapter to any person for a tenant's breach of smoking regulations if:

(1) The landlord has fully complied with all provisions of this chapter; and

(2) Upon receiving a signed, written complaint regarding prohibited smoking, the landlord provides a warning to the offending tenant, stating that the tenant may be evicted if another complaint is received. Upon receiving a second signed, written compliant against the offending tenant, the landlord may evict the tenant, but is not liable for the failure to do so.

(Ord. No. 2018-07, § VI, 3-13-18; Ord. No. 2010-10, § V, 10-12-10)