Corona Municipal Code Ch. 8.02 City and Community Smoking Regulations

(A) Findings. The City Council finds that:

(1) Smoking of tobacco or any other weed or plant, and the use of electronic smoking devices is a positive danger to health and a material annoyance, inconvenience, discomfort, and a health hazard to those who are present in confined spaces;

(2) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;

(3) Reliable studies have shown that breathing secondhand smoke is a significant health hazard for certain population groups including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;

(4) Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm; and

(5) Non smokers with allergies, respiratory diseases, and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to the same.

(B) Purposes. Based upon the above findings, the City Council declares that the purposes of this chapter are:

(1) To strike a reasonable balance between the needs of smokers and the need of non smokers to breathe smoke free air, and to recognize that where these needs conflict, the need to breathe smoke free air shall have priority;

(2) To provide for the public health, safety, and welfare, by protecting the public from nonconsensual exposure to secondhand smoke in and around residents homes; and

(3) To prohibit the smoking of tobacco or any weed or plant, and the use of electronic smoking devices in buildings and vehicles owned, leased, or occupied by the City of Corona.

(`78 Code, § 8.02.010.) (Ord. 3365 § 1 (part), 2023; Ord. 3244 § 10, 2016; Ord. 1975 § 1 (part), 1990.)

The following words and phrases, whenever used in this chapter, shall be construed as follows.

(A) “Building” is any structure used or intended for supporting or sheltering any use or occupancy.

(B) “Electronic smoking device” means an electronic device that can be used to deliver nicotine or any other substance, including, without limitation, any component, part or accessory of such device, whether or not sold separately. “Electronic smoking device” includes, without limitation, any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vape pen, or any other product name or descriptor.

(C) “Reasonable distance” means a distance that ensures that occupants of an area are not exposed to secondhand smoke created by smokers outside the area. Except as otherwise provided in this chapter, this distance shall be a minimum of twenty (20) feet.

(D) “Secondhand smoke” means the smoke created by burning or carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in smoking. Secondhand aerosol emitted from electronic smoking devices shall be considered secondhand smoke for purposes of this chapter.

(E) “Smoke” or “smoking” means and includes any of the following:

(1) The direct lighting, burning, or indirect heating of any cigar, cigarette, pipe, electronic smoking device, hookah, or any similar kind of smoking equipment or article, using any form of tobacco plant product, cannabis, or other combustible substance in any form; or

(2) Possessing a lighted tobacco plant product, cannabis, or other combustible substance in any form (including within, but not limited to, a cigar, cigarette, or pipe) or using or operating an electronic smoking device; or

(3) Emitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, hookah, or any other lighted smoking equipment or device.

“Smoke” also means the gaseous or vaporous products or particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking device or other kind of smoking equipment or article.

(F) “Vehicle” is a device by which any person or property may be carried or conveyed upon a highway or city street, including, but not limited to, automobiles, trucks, busses and heavy equipment.

(`78 Code, § 8.02.020.) (Ord. 3365 § 1 (part), 2023; Ord. 3244 § 11-14, 2016; Ord. 3244 § 11-14, 2016; Ord. 1975 § 1 (part), 1990.)

(A) Prohibition. In accordance with this chapter, smoking shall be prohibited inside of, and within a reasonable distance of a main exit, entrance, or operable window of any building owned, leased or occupied by the city of Corona and in all vehicles owned or operated by the city of Corona.

(B) Posting of signs. Signs designating city of Corona buildings and vehicles as no smoking areas shall be clearly and conspicuously posted.

(Ord. 3365 § 1 (part), 2023; Ord. 1975 § 1 (part), 1990.)

Secondhand smoke constitutes a nuisance and shall be enforceable as such, including as a private nusisance.

(Ord. 3365 § 1 (part), 2023.)

(A) City enforcement. Any person who violates the provisions of this chapter shall be guilty of an infraction.

(B) Private enforcement. As provided for in § 8.02.040 and notwithstanding any other provisions of this chapter or applicable law, a private citizen may bring a civil legal action to abate secondhand smoke as a nuisance.

(`78 Code, § 8.02.050.) (Ord. 3365 § 1 (part), 2023; Ord. 1975 § 1 (part), 1990.)

If any provision or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, the invalidity shall not affect other provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.

(`78 Code, § 8.02.060.) (Ord. 3365 § 1 (part), 2023; Ord. 1975 § 1 (part), 1990.)