East Palo Alto Municipal Code Ch. 8.56 Smoking Regulations

A. The city council finds and determines that numerous studies have established that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease in nonsmokers. At special risk are elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, broncho-constriction and broncho-spasm.

B. The city council further finds and determines that numerous studies have established electronic smoking devices are designed to be used in the similar manner to conventional lighted tobacco products with the user exhaling a smoke-like aerosol that mimics the exhaled smoke from lighted conventional tobacco products. Because electronic smoking devices may contain (and thus emit) nicotine, tobacco and/or other particulates; their use undermines the city's smoke-free air laws and hazardously exposes the public to secondhand aerosols that have not been scientifically proven as safe. It is an established fact that conventional tobacco smoke is a major contributor to air pollution and that breathing secondhand and third-hand smoke is a cause of disease in nonsmokers. At special risk from these exposures are those with weakened or compromised immune or respiratory systems: children, the elderly, individuals with cardiovascular disease, asthmatics and/or those with obstructive airway disease. Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction and bronchospasm. Research suggests that the same rationale around smoke from traditional tobacco products can be applied to electronic smoking devices, as tests on the aerosols have found some of the same toxic contaminants found in secondhand smoke. While long term health impacts are not yet known, caution has been urged by federal, state, and local health officials. Moreover, city council recognizes that nicotine is highly addictive, possess a desire not to re-normalize smoking behaviors, understands the potential health risks of secondary exposure to electronic smoking device aerosols, and seeks to mitigate some consumer confusion about the safety of these unregulated products; thus deeming it necessary to take action.

C. The purposes of the ordinance codified in this chapter are to protect the public health and welfare by prohibiting or regulating smoking in certain places; to guarantee the right of nonsmokers to breathe smoke-free air; and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

(Ord. 151 § 1, 1992)

(Ord. No. 396, § 1, 3-15-2016)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

"Bar" means an area or a room utilized primarily for the sale or serving of alcoholic beverages for immediate consumption by guests on the premises and in which the sale or serving of food is merely incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" does not include the restaurant dining area.

"Business establishment" means any enterprise, trade, profession, occupation, vocation or means of livelihood, whether or not carried on for gain or profit, either on a continuous or occasional basis. The term includes, but is not limited to, retail establishments, service establishments, offices, financial institutions, warehouses and industrial facilities.

"Dining area" means an enclosed area containing tables or counters upon which meals are served for immediate consumption by guests on the premises.

"Enclosed" means closed in by a roof and by solid walls or windows on at least three sides.

"Open to the public" means an enclosed area, whether publicly or privately owned, which is available for use by or accessible to the general public during the normal course of business or activity conducted thereat.

"Restaurant" means any establishment which gives, sells or offers for sale to the public any food for immediate consumption on the premises. The term includes, but is not limited to, any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, public or private lunchroom or dining room. A tavern or cocktail lounge which constitutes a "bar," as defined in this section, shall not be considered a restaurant.

"Retail tobacco store" means a retail establishment engaged primarily in the sale of tobacco products and tobacco accessories and the sale of other products is merely incidental.

"Smoke" or "smoking" means inhaling, exhaling, burning or carrying any lighted tobacco product or other combustible plant or substance. "Smoking or to smoke (verb)" means possessing a lighted or ignited tobacco or nicotine product or paraphernalia; or engaging in an act that generates smoke (including, but not limited to, possessing a lighted or ignited pipe, hookah pipe, cigar, or cigarette of any kind, including but not limited to, an electronic cigarette); or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind, including but not limited to, an electronic cigarette as defined in Section 5.80.010.E.

"Tobacco or nicotine product" means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco; and any electronic cigarette as defined in Section 5.80.010.E or other electronic device used to generate smoke; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

"Workplace" means an enclosed area of a structure or portion thereof which is utilized primarily for the operation of a business establishment.

(Ord. 151 § 2, 1992)

(Ord. No. 396, § 1, 3-15-2016; Ord. No. 02-2020, § 2, 5-19-2020)

The provisions of this chapter shall apply to all buildings and other facilities owned, leased, or otherwise occupied by the city.

(Ord. 151 § 3, 1992)

It is unlawful to smoke in any of the following places within the city:

A. Elevators. Smoking is prohibited in all elevators in buildings open to the public, including elevators in office, hotel and apartment buildings irrespective of the number of units within such buildings.

B. Public Restrooms. Smoking is prohibited in any restrooms open to the public.

C. Restaurants.

D. Health Care Facilities. Smoking is prohibited in all individual rooms and areas open to the public, including lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical or dental office, nursing or convalescent home or other health care facility; provided; however, such facility may designate separate, outdoor contained areas where smoking is permitted. If the facility contains a cafeteria or other form of restaurant, as defined in Section 8.56.020, such restaurant shall comply with the regulations set forth in subsection C of this section.

E. Reserved.

F. The location of city-sponsored events.

G. City owned and leased properties; and within thirty (30) feet in any direction from any enclosed structure owned or leased property

H. Parks, open space and facilities, including but not limited to the following: Bell Street Park, Joel Davis Park, Jack Farrell Park, Cooley Landing Park, Martin Luther King Park, Pocket Park at East Bayshore, and Pocket Park at Newbridge.

I. Public Meeting Rooms. Smoking is prohibited in meeting rooms, hearing rooms, conference rooms, chambers and other enclosed places of public assembly in which the business of the city, or any other public agency subject to the jurisdiction of the city, is conducted by any elected or appointed official, council, commission, committee, or board which requires or permits direct participation or observation by the general public.

J. Public Lobbies and Hallways. Smoking is prohibited in lobbies, hallways, and other enclosed areas of city owned or occupied buildings which are open to the public.

K. Theaters and Auditoriums. Smoking is prohibited within any room, hall, auditorium or other facility used for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance during the time that such room, hall, auditorium or facility is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production.

L. Museums, Libraries and Galleries. Smoking is prohibited in all areas of museums, libraries, and galleries which are open to the public; provided, however, this prohibition does not prevent the designation of a separate room or area for smoking.

M. Hotel and motels.

N. Polling Places. Smoking is prohibited in all official polling places while open to the public on election days during the designated hours for the casting of ballots.

O. Business Establishments. Smoking is prohibited within all enclosed areas open to the public in business establishments not otherwise mentioned in this section; provided, however, that this prohibition shall not apply to any business establishment listed in Section 8.56.060. Areas open to the public wherein smoking is prohibited under this subsection shall not include private offices of individual business persons to which clients or customers are admitted only by specific invitation or appointment.

(Ord. 151 § 4, 1992; Ord. No. 396, § 1, 3-15-2016)

Editor's note— Ord. No. 396, § 1, adopted Mar. 15, 2016, deleted § 8.56.050 entitled "Regulation of smoking in the workplace", which derived from Ord. 151 § 5, 1992.

A. Authority. The provisions of Labor Code Section 6404.5, governing smoking in enclosed places of employment, will be enforced by police officers and authorized personnel employed by the city and by employees of the San Mateo County Health System, as designated by the chief of the health system; provided, however, that employees designated by the chief of the health system with the authority to enforce Labor Code Section 6404.5 may only issue citations to employers and not to patrons, customers, consumers or other guests.

B. In the performance of their duties of monitoring and enforcing compliance with the provisions of Labor Code Section 6404.5, all persons authorized by the director of health services to engage in such enforcement activities shall have the power, authority and immunity of a public officer to issue citations.

C. The director of health services, in coordination with the San Mateo County Sheriff, shall establish and cause to be administered an enforcement training program designed to instruct each employee so authorized by this section to exercise citation authority. Such training shall include guidance and instruction regarding the evidentiary prerequisites to proper prosecution of violation thereof, including the appropriate procedures for issuing citations.

(Ord. 229 § 1, 1998; Ord. No. 396, § 1, 3-15-2016)

A. Smoking is not prohibited within any of the following places:

1. Retail tobacco stores;

2. An entire room or hall which is used exclusively for a private function which function is under the control of the sponsor of the function and not under the control of the owner or manager of the room or hall, but only while such room or hall is used for a private function. The fact that the owner or manager of the room or hall provides food or entertainment to the participants of a private function does not mean that such owner or manager has control of the function.

B. Notwithstanding the foregoing, any owner, operator, manager or other person who controls the use of any public or private establishment or place described in subsection A of this section may voluntarily designate any portion or all of such establishment or place as a nonsmoking area.

(Ord. 151 § 6, 1992; Ord. No. 396, § 1, 3-15-2016)

A. "Smoking" or "No Smoking" signs, whichever may be applicable, with letters of not less than two inches in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is regulated by this chapter. In addition, at every public entrance to a restaurant, a sign shall be posted indicating whether smoking has been prohibited or whether the dining area has been divided into smoking and nonsmoking sections.

B. It shall be the responsibility of the owner, operator, manager or other person who controls the use of any place where smoking is regulated by this chapter to post the signs required by this section.

(Ord. 151 § 7, 1992)

A. It is unlawful for any person to smoke in a place where smoking is prohibited by the provisions of this chapter.

B. It is unlawful for any person who owns, operates, manages or controls the use of any place where smoking is prohibited or regulated under this chapter to fail to properly set aside required no smoking areas, to properly post any signs required by Section 8.56.070, to provide signs for the use of employees in designating their area, to adopt a smoking restriction policy, or to comply with any other requirements of this chapter.

(Ord. 151 § 8, 1992)

A. The city manager, the chief of police, and every police and code enforcement officer performing law enforcement duties within the city shall have authority to enforce the provisions of this chapter. Any owner, operator, manager, employee, guest or customer of any establishment regulated by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions contained in this chapter.

B. In addition to the persons described in subsection A of this section, a private party may bring legal action to enforce the provisions of this chapter. If it is determined in such action that a violation of this chapter has occurred, then in addition to any other relief that may be granted, the court may award reasonable attorney's fees and costs to the party who brought and prosecuted the action.

(Ord. 151 § 9, 1992)

The violation of any provision contained in this chapter shall constitute an infraction and a public nuisance, subject to a fine of one hundred dollars ($100.00) for the first offense, a fine of two hundred dollars ($200.00) for a second offense committed within one year, and a fine of five hundred dollars ($500.00) for a third and each additional offense committed within one year.

(Ord. 151 § 10, 1992)