Del Norte County Municipal Code § 9.12 Smoking Restrictions

• 9.12.70 Smoking Restrictions In New And Existing Units Of Multiunit Residences.

• 9.12.80 No Smoking Permitted In Common Areas Of Multiunit Residences Except In Designated Smoking Areas.

• 9.12.90 Required And Implied Lease Terms For All New And Existing Units In Multiunit Residences.

1. The provisions of this chapter are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding: (1) any provision of this chapter or of this code; (2) any failure by any person to restrict smoking under this chapter; or (3) any explicit or implicit provision of this code that allows smoking in any place, nothing in this code may be interpreted to limit any person’s legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles.

2. For all purposes within the jurisdiction of the county, nonconsensual exposure to smoke, occurring on or drifting into residential property, is a nuisance, and the uninvited presence of smoke on residential property is a nuisance.

3. Pursuant to California State law, Health and Safety Code Sections 11362.3 and 11362.79, smoking cannabis is prohibited wherever smoking tobacco is prohibited.

4. Notwithstanding any provision to the contrary, nothing in this chapter may be interpreted to restrict or otherwise regulate the use of a drug, device, or combination product authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(Ord. 2023-002 § 2, 2023)

• 9.12.50 Smoking Prohibited In Public Parks, At Public Events, And Public Buildings.

The terms used in this chapter shall have the definitions given to such terms in Health and Safety Code section 104495, as amended from time to time.

(Ord. 2002-006 § 2 (part), 2002)

No person shall smoke a cigarette, cigar, or other tobacco related product within the boundaries of any playground, or tot lot sandbox area, nor within twenty-five feet (25') of such boundaries.

(Ord. 2002-006 § 2 (part) 2002)

No person shall smoke a cigarette, cigar, or other tobacco related product within twenty-five feet (25') of the entryway to any public building owned by the County of Del Norte.

• (Ord. 2002-006 § 2 (part), 2002)

No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

(Ord. 2002-006 § 2 (part), 2002)

• 9.12.50 Smoking Prohibited In Public Parks, At Public Events, And Public Buildings.

  1. Smoking is prohibited in all public parks within the jurisdiction of the county.

  2. Smoking is prohibited in all other public places, when being used for a public event, including, but not limited to, a farmers’ market, parade, craft fair, festival, or any other event which may be attended by the general public.

  3. Smoking is prohibited within twenty-five feet of all public entrances to buildings, offices, and businesses open to the general public.

(Ord. 2023-002 § 2, 2023)

Discarding tobacco waste in any manner other than in an appropriate receptacle is prohibited, including, but not limited to, in the street, on the sidewalk, in parking lots, in planter boxes, in tree wells, in bushes, or in grassy areas.

(Ord. 2023-002 § 2, 2023)

1. Smoking is prohibited in all units of a multiunit residence, including any associated exclusive-use enclosed areas or unenclosed areas, such as a private balcony, porch, deck, or patio.

2. For the purposes of this Chapter, “Multiunit Residence” means property containing two or more units, including, but not limited to, apartment buildings, duplexes, common interest developments, senior and assisted living facilities, and long-term health care facilities. Multiunit Residences do not include the following:

   1. A hotel or motel that meets the requirements of California Civil Code section 1940(b)(2);

   2. A mobile home park;

3. A campground;

4. A marina or port;

5. A single-family home, except if used as a health care facility subject to licensing requirements; and

6. A single-family home with an accessory dwelling unit or second unit permitted pursuant to California Government Code sections 65852.1, 65852.2, or 65852.22, or a provision of the County Code adopted pursuant to those sections, except where the accessory dwelling unit or second unit is rented or is used as a health care facility subject to licensing requirements.

(Ord. 2023-002 § 2, 2023)

1. Smoking in a common area of a multiunit residence, other than in a designated smoking area established pursuant to subsection B, is a violation of this chapter.

2. A person with legal control over a common area, such as a landlord or homeowners’ association, may designate a portion of the common area as a designated smoking area provided the designated smoking area complies with subsection C at all times.

3. A Designated Smoking Area:

   1. Must be an unenclosed area;

   2. Must be at least twenty-five feet from unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, but not limited tole, playgrounds, tennis courts, swimming pools, and school campuses;

   3. Must be located at least twenty-five feet from any defined nonsmoking area. The location of nonsmoking areas may change due to the new enactment of a law, execution of an agreement, or other event that affects the area’s nonsmoking designation. If an event occurs that changes a nonsmoking area, a person with legal control over a designated smoking area located less than twenty-five feet from that nonsmoking area must modify, relocate, or eliminate that designated smoking area so as to maintain compliance with the requirements of this subsection C. In the case of a nonsmoking area on a neighboring property established by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person with legal control over the property to designate a smoking area within twenty-five feet of the nonsmoking area unless that person has actual knowledge of, or a reasonable person would know of, the private agreement or designation;

   4. Must be no more than ten percent of the total unenclosed area of the multiunit residence for which it is designated;

   5. Must have a clearly marked perimeter;

   6. Must be identified by conspicuous signs; and

   7. Must not overlap with any enclosed or unenclosed area where smoking is prohibited by this chapter or other law.

4. No person with legal control over a common area in which smoking is prohibited by this chapter or other law may knowingly permit the presence of ashtrays, ash cans, or other receptacles designed for, or primarily used for, disposal of smoking waste within the area.

(Ord. 2023-002 § 2, 2023)

• 9.12.90 Required And Implied Lease Terms For All New And Existing Units In Multiunit Residences.

1. Every lease, or other rental agreement for the occupancy of a unit in a multiunit residence, entered into, renewed, or continued month-to-month after July 1, 2023, is required to include the following provisions:

   1. A clause providing that it is a material breach of the agreement to knowingly or intentionally allow, or engage in, smoking in the unit, including exclusive-use areas such as balconies, porches, or patios.

2. A clause providing that it is a material breach of the agreement for the tenant to knowingly and intentionally allow, or engage in, smoking in any common area of the multiunit residence other than a designated smoking area.

   3. A clause providing that it is a material breach of the agreement for the tenant to violate any law regulating smoking while anywhere on the property, or to knowingly and intentionally allow any other person subject to the control of the tenant to engage in such behavior.

   4. A clause expressly conveying third-party beneficiary status to all occupants of the multiunit residence as to the smoking provisions of the lease or other rental agreement.

3. Whether or not a landlord complies with subsections A above, the clauses required by those subsections are implied and incorporated by law into every agreement to which subsection A applies and will become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection A.

4. A tenant who breaches, or knowingly and intentionally allows any other person subject to the control of the tenant to breach, a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multiunit residence will be liable for the breach to: (1) the landlord; and (2) any occupant of the multiunit residence who is exposed to smoke or who suffers damages as a result of the breach.

5. Landlords with knowledge of violations shall take reasonable steps to investigate and enforce the regulations, including a written notice to the resident of the landlord’s knowledge of the violation, a request to cease the violation, and the course of action to be taken if the violation is not corrected.

6. Failure to enforce any smoking provision required by this chapter will not affect the right to enforce such provision in the future, nor will a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.

(Ord. 2023-002 § 2, 2023)

1. Signs prohibiting smoking within twenty-five feet of all buildings owned or leased by the county must consist of a sign with letters not less than one-inch in height that clearly and conspicuously states the following:

“NO SMOKING permitted within 25 feet of this entrance pursuant to Chapter 9.12 of the Del Norte County Code,” together with 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).

2. The sign will be posted at or near all entrances and sufficiently and conspicuously posted at other appropriate locations in every county owned and leased building. Signs which have been removed should be replaced within five working days.

3. Buildings, offices, and businesses open to the general public are encouraged to use the same or similar signs at or near their public entrances.

4. Every landlord is required to deliver the following, on or before July 1, 2023, to each unit of a multiunit residence:

   1. A written notice clearly stating:

      1. All units are designated nonsmoking units and smoking is illegal in any unit, including any associated exclusive-use enclosed area or unenclosed area, such as a private balcony, porch, deck, or patio; and

      2. Smoking in all common areas, except for specifically designated smoking areas, is a violation of this chapter.

      3. A copy of this chapter.

5. As of July 1, 2023, every Landlord is required to provide prospective tenants with written notice clearly stating that:

   1. Smoking is prohibited in units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio; and

   2. Smoking is prohibited in all common areas, except for specifically designated smoking areas.

6. As of July 1, 2023, every seller of a unit in a multiunit residence is required to provide prospective buyers with written notice clearly stating that:

   1. Smoking is prohibited in units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio; and

   2. Smoking is prohibited in all common areas, except for specifically designated smoking areas.

7. The person(s) with legal control over common areas must post clear and unambiguous “No Smoking” signs in sufficient numbers and locations in common areas where smoking is prohibited by this chapter or other law. In addition, the person(s) with legal control over the multiunit residence must post signs in sufficient numbers and locations in the multiunit residence to indicate that smoking is prohibited in all units. The person(s) with legal control over the common areas are required to maintain such signs. The absence of signs is not a defense to a violation of any provision of this chapter. “No Smoking” signs are not required inside or on doorways of units, except for hotels or motels which meet the criteria listed in California Civil Code Section 1940, subdivision (b)(2).

(Ord. 2023-002 § 2, 2023)

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

2. Every violation of this chapter is an infraction subject to enforcement pursuant to Chapter 1.60 of this Code.

3. It is unlawful for any person to intimidate, harass, or otherwise retaliate against any person who seeks compliance with this chapter. Moreover, no person may intentionally or recklessly expose another person to smoke in response to that person’s effort to achieve compliance with this chapter.

4. Causing, permitting, aiding, or abetting a violation of any provision of this chapter also constitutes a violation of this chapter.

5. Any violation of this chapter is hereby declared to be a public nuisance.

6. In addition to other remedies provided by this chapter or otherwise available at law or in equity, any violation of this chapter may be remedied by a civil action brought by the county counsel, including, without limitation, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

7. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the County of Del Norte. Nothing in this chapter shall create a right of action in any person against the County of Del Norte or its agents to compel public enforcement of this chapter against private parties.

(Ord. 2023-002 § 2, 2023)

9.18 Alarm Systems 9.18.10 Purpose 9.18.20 Definitions 9.18.30 Nonapplicability

9.18.40 Alarm Business Registration

9.18.50 Alarm Agent Registration Required

9.18.60 Notification Of Change

9.18.70 Alarm System Permit 9.18.80 Monitored Alarm System Standards

9.18.90 Permit For County-Monitored Alarms

9.18.100 False Alarm Reports

9.18.110 Notice Of Name Of Service Man Or Occupant Nuisance

9.18.120 Monitoring Services

9.18.130 Alarm Agents; Registration In Possession 9.18.140 Nuisance Calls 9.18.150 Civil Penalties For False Alarms 9.18.160 Enforcement