Hermosa Beach Municipal Code Ch. 8.40 Smoking

Contents:

8.40.010 Smoking defined.

8.40.020 Prohibition of smoking in public places.

8.40.030 Posting of signs.

8.40.040 Enforcement.

8.40.050 Violations of smoking regulations.

8.40.060 Other applicable laws.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such device, whether or not sold separately. This definition includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor, including any component, part or accessory of such device, whether or not sold separately. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease, where such product is marketed and sold solely for such an approved purpose.

Employee means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.

Employer means any person, partnership, corporation, association, nonprofit or other entity who or which employs or retains the services of one (1) or more employees.

Outdoor dining area means any unenclosed area located on private or public property made available to or customarily used by the general public that is designed, established or regularly used for consuming food and/or beverages, or where food or beverages are served whether or not for compensation. This includes but is not limited to restaurants, hotels, bar standing and seating areas, cafeterias, clubs, luncheonettes, taverns, cocktail lounges, sandwich stands, soda fountains, cafes and coffee shops.

Outdoor place of employment means any unenclosed area under the legal or de facto control of an employer that an employee or the general public may enter in the normal course of operations, but regardless of the hours of operation.

Public place means any indoor or outdoor public place, including, but not limited to, any public buildings, streets, sidewalks, plazas, beaches, bus shelters, parking lots, parks, picnic areas, piers, playgrounds, sports fields, walking paths, hiking trails, bike paths, and outdoor skateboard parks. "Public place" includes any place being used for a public event, including but not limited to a farmer’s market, parade, craft fair, festival, or any other event open to the general public.

Smoking means the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation. (Ord. 16-1367 §1, 2016: Ord. 11-1328, §2, 2011; prior code § 14-1/2-4)

1. In addition to all places where smoking is prohibited under state or federal law, in which case those laws apply, no person shall smoke in, and smoking areas shall not be established or designated in, all of the following areas:

2. Outdoor dining areas;

3. Public places;

4. Outdoor places of employment;

5. All city-owned vehicles; and

6. Within five (5) feet of the entrance, divider, opening or doorway to any outdoor dining area where smoking is prohibited by this chapter.

7. No employer, owner, operator, manager, employee or other person having control of a place of employment or a public place shall knowingly permit smoking in an area in which smoking is prohibited by law. This subsection does not require the physical ejection of any person from the business or the taking of steps to prevent smoking under circumstances that would involve a significant risk of physical harm.

8. No employer, owner, operator, manager, employee or other person having control of an outdoor dining area, restaurant, snack shop or alcohol beverage establishment (on-sale) shall place matchbooks or ashtrays on tables or otherwise make matchbooks, matches, ashtrays or receptacles for smoking waste available to patrons.

9. Nothing in this chapter prohibits any person or employer 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. (Ord. 16-1367 §2, 2016: Ord. 11-1328 §3, 2011; Ord. 06-1267 §1, 2006; Ord. 98-1175 § 1, 1998: Ord. 94-1111 § 1, 1994: Ord. 93-1091 § 1, 1993: prior code § 141/2-5)

"Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one (1) inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place. (Prior code § 141/2-6)

1. Chief of Police. Enforcement of this chapter shall be implemented by the chief of police.
2. Complaint. Any person who desires to register a complaint under this chapter may initiate enforcement with the chief of police.
3. Duty to Inform. Employers, owners, operators, managers or employees of same shall be required to orally inform persons violating this chapter of the provisions thereof. The duty to inform such violator shall arise when such employer, owner, operator, manager or employee of the same becomes aware of such violation.
4. Civil Action. Any aggrieved person may enforce the provisions of this chapter by means of a civil action.
5. Injunction. Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the city attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.
6. Costs and Fees. In any action brought to enforce the provisions of this chapter, the prevailing party shall be awarded costs and reasonable attorneys’ fees. (Ord. 11-1328, §4, 2011; prior code § 14-1/2-7)

Violations of the provisions of this chapter shall be an infraction enforceable as provided in Chapter 1.04. (Ord. 16-1367 §3, 2016: Ord. 14-1348 §7, 2014: Ord. 07-1281, 2007)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Prior code § 141/2-9)