Fowler Municipal Code Ch. 24 Smoking Prohibition

Smoking

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

(a) Recreational areas.

(b) Service areas.

(c) Outdoor dining areas.

(d) Public event areas.

(e) Other public places.

(f) In City owned or operated vehicles.

(g) The City Manager may implement administrative policies and/or practices consistent with the smoking prohibition provided in this chapter, including the posting of signs at City facilities and in City vehicles.

(h) 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. 2020-04, § 1, 8-18-2020; Ord. No. 2024-02, § 1, 6-4-2024)

As used within this chapter, the following definitions apply:

"Cannabis" has the meaning set forth in California Business and Professions Code Section 26001.

"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, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

"Enclosed Areas" means facilities designed with a solid roof and walls, closable windows and/or doors on all sides, covering more than fifty (50) percent of the combined surface area constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.

"City facilities" means buildings, parking lots, and any other areas or equipment which are owned, leased, or operated by the City.

"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.

"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.

"Public place" means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including parking lots, plazas, shopping areas, stadiums, or sporting facilities. This term does not include City streets or sidewalks, except those within thirty (30) feet of an area subject to a smoking prohibition.

"Recreational area" means any publicly or privately owned area that is open to the general public for recreational purposes, regardless of any fee or age requirement. This includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.

"Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one (1) 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 thirty (30) feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.

"Smoking" or "Smoke" means inhaling, exhaling, burning, or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, cannabis, or any plant or weed product, intended for human inhalation.

"Vehicles" means motorized equipment powered either by any type of gasoline and a combustion engine, electricity, battery, or solar power, whether fully enclosed with a roof, doors, and fixed or movable windows, or fully or partially unenclosed and containing either no roof, no doors, or no windows, including but not limited to automobiles, trucks, tractors, motorcycles, riding mowers, golf carts, and similar motorized equipment.

(Ord. No. 2020-04, § 1, 8-18-2020; Ord. No. 2024-02, § 1, 6-4-2024)

Any violation of this chapter is hereby declared to be a public nuisance. Fines may be assessed for violations of this chapter in accordance with section 1-8.08 of the Municipal Code, in addition to any other remedies available under the Municipal Code for infractions.

(Ord. No. 2020-04, § 1, 8-18-2020; Ord. No. 2024-02, § 1, 6-4-2024)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter.

(Ord. No. 2020-04, § 1, 8-18-2020)