Del Rey Oaks Municipal Code Ch. 8.38 Smoking Regulations

The council of the City of Del Rey Oaks hereby finds:

A. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

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

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

D. The smoking or vaping of tobacco, or any other plant or substance, is a proven dangerto health; and

E. Section 6404.5 of the California Labor Code prohibits smoking in a "place of employment," with certain exceptions, and provides that local government may regulate smoking in any areas not included within the definition of place of employment. The provisions of this chapter are intended to prohibit smoking in areas deemed by the council as worthy of regulation, such areas, in the opinion of the council, not covered by Labor Code Section 6404.5, as may be amended.

F. The use of electronic smoking devices has increased significantly in recent years, and studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances.

(Ord. No. 317, § 3, 1-23-2024)

For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise.

Cannabis has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

Common Area means an area in a Multi-Unit Residence that residents of more than one Unit are entitled to enter or use, including, without limitation, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.

Electronic smoking device means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, ane-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. This shall not include inhalers or medical devices prescribed by a physician for medical purposes.

Enclosed area means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.

Landlord means any person or agent of a person who owns, manages, or is otherwise legally responsible for a Unit in a Multi-Unit Residence that is leased to a residential tenant, except that "Landlord" does not include a tenant who sublets a Unit (e.g., a sub-lessor).

Multi-unit Residence means property containing three or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities.

New Unit means a unit that is issued a certificate of occupancy, or a unit that is let for residential use, for the first time after the effective date of the ordinance codified in this Chapter.

Outdoor Dining Area means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.

Person means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.

Public event areas means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers' market, parade, fair, or festival.

Public place means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including public parks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities.

Reasonable Distance shall mean a distance of 25 feet in any direction from an area in which smoking is prohibited.

Recreational area means any publicly or privately owned area, including streets and sidewalks located within the area, that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, picnic areas, spectator and concession areas, walking paths, gardens, vernal ponds, hiking trails, bike paths, riding trails, roller and ice-skating rinks, and skateboard parks.

Service area means any publicly or privately owned area, including streets and sidewalks, 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 within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.

Service lines means an outdoor line, in any publicly or privately owned area, in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, mobile vendor lines, movie ticket lines, and sporting event lines.

Smoke or smoking means: (1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic; (2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.

Tobacco product means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah, tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco, and any product or formulation of matter containing biologically active amounts of nicotine that is product or matter that will be introduced into the human body.

Tobacco product waste means any component, part, or remnant of any tobacco product. Tobacco product waste includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.

Tobacco use means the act of smoking or the consumption of any other tobacco product in any form.

Unenclosed area means any area that is not an enclosed area.

Unit means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes, without limitation, an apartment, a condominium, a townhouse, a room in a senior facility, a room in a long-term health care facility, assisted living facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an accessory dwelling unit. Unit includes, without limitation, a New Unit.

(Ord. No. 317, § 3, 1-23-2024; Ord. No. 318, § 2, 3-26-2024)

A. Smoking is prohibited in the unenclosed areas of the following places within the City:

1. Recreational areas.

2. Service areas.

3. Outdoor dining areas.

4. Public event areas.

5. Sidewalks.

6. Public places.

B. Nothing in this Chapter prohibits any person or employer with control over any property from prohibiting smoking and tobacco use on any part of such property, even if smoking or tobacco use is not otherwise prohibited in that area.

(Ord. No. 317, § 3, 1-23-2024)

A. Smoking is prohibited in all Units of a Multi-Unit Residence, including any associated exclusive use Enclosed Areas or Unenclosed Areas, such as a private balcony, porch, deck, or patio as provided below:

1. Smoking in any New Unit of a Multi-Unit Residence on or after May 1, 2024, is a violation of this Chapter.

2. Smoking in an existing Unit of a Multi-Unit Residence that is not a New Unit, on or after October 1, 2024, is a violation of this Chapter.

B. An owner or Landlord may designate a Smoking Area in a Multi-Unit Residence if the area is:

1. An Unenclosed Area;

2. Located a reasonable distance from Unenclosed Areas primarily used by children or Unenclosed Areas with improvements that facilitate physical activity including but not limited to playgrounds, tennis courts, swimming pools, and school campuses;

3. Located a reasonable distance from any nonsmoking area. The location of nonsmoking areas may change due to enactment of law, execution of an agreement, or other event that affects the area's Smoking designation. If an event occurs that changes a nonsmoking area, a person with legal control over a designated Smoking area within less than a reasonable distance of that nonsmoking area must modify, relocate, or eliminate that designated Smoking Area so as to maintain compliance with the requirements of this Chapter;

a. In the case of a nonsmoking area on an adjacent 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 to designate a Smoking area within a reasonable distance of the nonsmoking area unless that person has actual knowledge of, or a reasonable person would know of, the private agreement or designation. It shall not be a violation of this Chapter for a person to Smoke within a nonsmoking area if the area is erroneously designated as a Smoking area unless a reasonable person would know of the error;

4. No more than ten percent of the total Unenclosed Area of the Multi-Unit Residence for which it is designated;

5. Defined by a clearly marked perimeter;

6. Identified by conspicuous signs; and

7. Not overlapping any other area where Smoking is prohibited by this Chapter or other law.

C. No person with legal control over a Common Area of a Multi-Unit Residence in which Smoking is prohibited by this Chapter or other law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of Smoking waste within the Area.

(Ord. No. 318, § 2, 3-26-24)

Smoking in all unenclosed areas shall be prohibited within 25 feet from any area in which smoking is prohibited under Section 8.38.030 of this Chapter or by any other law. This prohibition shall not apply to unenclosed areas of private residential properties that are not multi-unit residences.

(Ord. No. 317, § 3, 1-23-2024)

A. No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking is prohibited by law, including within 25 feet from any area in which smoking is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this Chapter.

B. No person shall dispose of tobacco product waste within the boundaries of an area in which smoking is prohibited.

(Ord. No. 317, § 3, 1-23-2024)

A. No person shall permit smoking or tobacco use in an area that is under the control of that person and in which smoking, or tobacco use is prohibited by this article or any other law.

B. Event organizers shall post no smoking signs at an entrance to the event. Signs shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol and may be printed.

C. A person that has control of an area in which smoking and tobacco use is prohibited by this Chapter shall direct anyone who is smoking or using tobacco in violation of this Chapter to extinguish the product being smoked or stop using the tobacco product.

D. 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. No. 317, § 3, 1-23-2024)

Enforcement of these provisions shall be governed by Chapters 1.19 of the Del Rey Oaks Municipal Code. Each instance of smoking or tobacco use in violation of this Chapter shall be an infraction and constitute a separate violation. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 317, § 3, 1-23-2024)