§ 97.02 PROHIBITION OF SMOKING IN ENCLOSED AND UNENCLOSED AREAS. — Eureka Zoning Code

(A) Smoking is prohibited in the enclosed areas of the following places within the city, except in places listed in division (C) below, and except places where smoking is already prohibited by state or federal law, in which case those laws apply:

(1) Places of employment;
(2) Public places;
(3) Common areas.
(B) Smoking is prohibited in the unenclosed areas of the following places within the city, except places where smoking is already prohibited by state or federal law, in which case those laws apply:
(1) Recreational areas;
(2) Service areas;
(3) Dining areas;
(4) Places of employment;
(5) Common areas, provided that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets all of the following criteria:

(a) The area must be located a reasonable distance from any nonsmoking area. A person with legal control over a common area in which a designated smoking area has been designated shall modify, relocate or eliminate that designated smoking area so as to maintain compliance with the requirements of this division as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established.

(b) The area must not include, and must be a reasonable distance from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses;

(c) The area must be no more than 10% of the total unenclosed area of the multi-unit residence for which it is designated;
(d) The area must have a clearly marked perimeter;
(e) The area must be identified by conspicuous signs;
(f) The area must be completely within an unenclosed area; and
(g) The area must not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this code, state law, or federal law;
(6) All exclusive-use unenclosed areas associated with a unit, such as, for example, a private balcony, porch, deck, or patio;
(7) On and within 100 feet of the Eureka Boardwalk, which is located from the foot of "C" to the foot of "G" Streets, the Old Town Gazebo Plaza, and Clark Plaza, located at the corner of 3rd and E Street; and
(8) Other public places, when being used for a public event, including a farmers' market, parade, craft fair, festival, Arts Alive, or any other event which may be attended by the general public.
(9) Smoking is permitted in the area of an eligible bar that is compliant with Cal. Labor Code § 6404.5 (prohibiting smoking in places of employment).
(C) Unless otherwise prohibited by law, smoking is permitted in the following enclosed areas:
(1) Areas as designated by and in accordance with Cal. Labor Code § 6404.5; and
(2) Eligible cannabis retail facilities with a designated smoking room or designated smoking area.
(D) Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

(E) The City Manager or his or her designee shall engage in an ongoing educational program to explain and clarify the purposes and requirements of this chapter, as well as providing guidance to persons, landlords, employers, and nonprofit entities about compliance. However, lack of such education shall not be a defense to a violation of this chapter.

(Ord. 753-C.S., passed 7-20-10; Am. Ord. 760-C.S., passed 12-7-10; Am. Ord. 884-C.S., passed 4-16-19) Penalty, see § 97.07