El Monte Municipal Code Ch. 8.76 Smoke-Free Public and Quasi-Public Places

City Council hereby finds that the smoking of tobacco, or any other plant or marijuana, or vapor is a danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this Chapter 8.76 is to prohibit the smoking of tobacco, or any other plant or marijuana, or vapor in public places and quasi-public places as stated and required in this Chapter 8.76.

(Ord. No. 3014, § 4, 8-2-2022)

For purposes of this Chapter 8.76, the following definitions shall apply, unless the context clearly requires otherwise:

A. "Community center" means a public hall or public multi-purpose meeting facility where members of the public may gather for group activities, social support, public information and other purposes. It may operate for the entire community, or for a specific segment of the community (e.g. senior centers) or may be reserved for private functions.

B. "Cultural institution" means a facility such as a museum, art gallery and garden that displays or preserves objects of community or cultural interest relating to one or more of the arts or sciences. Excludes philanthropic or charitable institutions.

C. "Government" or "government related facility" means a publicly-accessible facility, building, and/or structure and/or piece of land owned, operated or occupied by a government or related agency to provide a governmental service to the public. The use shall be classified as a government office if it is not publicly-accessible. Includes post offices, civic centers and libraries. Excludes public recreation facilities and cultural institutions.

D. "Enclosed area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:

1. Any type of overhead cover whether or not that cover includes vents or other openings and at least three (3) walls or other vertical boundaries of any height, whether or not such boundaries include vents or other openings; or

2. Four (4) walls or other vertical boundaries that exceed six (6) feet in height, whether or not those boundaries include vents or other openings.

E. "Outdoor seating/dining area" means an area adjacent to a restaurant or other food or beverage establishment, where customers can consume products purchased at the associated business. The dining area may include a solid covering (e.g. patio), partial covering (e.g. trellis) or umbrellas or may be open to the sky. The dining area may also be on private property or may encroach into the public right-of-way, subject to receiving an encroachment permit.

F. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including governmental agencies.

G. "Public event area" 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.

H. "Recreation facility, private" means a privately owned recreational facility which generally requires some form of membership or residence. This may include tennis, basketball or swimming clubs. It may also include sports stadiums. Excludes membership health clubs.

I. "Recreation facility, public" means public parks, play lots, picnic areas, playgrounds, sports courts, equestrian establishments and athletic fields for noncommercial neighborhood or community use. This may include public facilities such as aquatic centers. The definition does not include the same facilities that are privately owned.

J. "Service point" means a publicly or privately owned outdoor location that is 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. Examples include information kiosks, automated teller machines (ATMs), bus stops/shelters or cab stands.

K. "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory or congestion relief, such as, for example, smoke from incense or vapor from a congestion relieving vaporizer. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

L. "Smoking" means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, an operating electronic cigarette or a lighted cigarette of any kind or lighting or igniting a pipe, a hookah pipe, a cigar or a cigarette of any kind.

M. "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.

N. "Transit station" means a public facility that is primarily used, as part of the transit system, for the purpose of loading, unloading or transferring passengers or accommodating the movement from one more of transportation to another.

(Ord. No. 3014, § 4, 8-2-2022)

A. For purposes of this Chapter 8.76, smoking shall be prohibited in the following places (including all enclosed and unenclosed areas):

1. Community centers.

2. Cultural institutions.

3. Government or government related facilities.

4. Outdoor seating/dining areas.

5. Recreation facilities, private.

6. Recreation facilities, public.

7. Public event areas.

8. Service points.

9. Transit stations.

B. Smoking in all unenclosed areas shall be prohibited within twenty-five (25) feet of any place listed in subsection (A) or by any other law. This prohibition shall not apply to unenclosed areas of residential properties not subject to Chapter 8.74 (Smoke-Free Multi-Unit Residences) of the El Monte Municipal Code (EMMC).

C. Tobacco Waste:

1. 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 twenty-five (25) feet from any place 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 8.76.

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

(Ord. No. 3014, § 4, 8-2-2022)

Wherever smoking is prohibited in this Chapter 8.76, conspicuous signs shall be posted so stating with letters of not less than one inch in height on a contrasting background, or an international "no smoking" symbol, a red circle with a diagonal bar across it, be clearly and conspicuously posted. It shall be the duty of the owner, operator, entity, manager or other persons having control of such room, building, or other place where smoking is prohibited to post such signs or to cause such signs to be posted. The presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this Chapter 8.76.

(Ord. No. 3014, § 4, 8-2-2022)

A. Enforcement of this Chapter 8.76 shall be the responsibility of the city manager or designee. In addition, city peace officers and code enforcement officers are empowered and authorized to enforce this Chapter 8.76.

B. A violation of this Chapter 8.76:

1. In the discretion of the City Attorney, may be prosecuted as an infraction or a misdemeanor, in accordance with the provisions of Chapter 1.24 (General Provisions—General Penalty) of the El Monte Municipal Code (EMMC).

2. Is subject to enforcement through the imposition of an administrative fine as set forth in Chapter 1.18 (General Provisions—Administrative Citations) of the EMMC.

3. Is subject to a civil action brought by the City Attorney, punishable by a civil fine not less than one hundred dollars ($100.00) and not exceeding one thousand dollars ($1,000.00) per violation.

C. The remedies set for this this subsection are cumulative and in addition to any other remedies available in law or in equity.

D. Any violation of this Chapter 8.76 is hereby declared to be a public nuisance.

E. No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this Chapter 8.76.

F. Each instance of smoking in violation of this Chapter 8.76 shall constitute a separate violation.

(Ord. No. 3014, § 4, 8-2-2022)