Jurupa Valley Municipal Code Ch. 11.90 Smoking Regulations

Footnotes:

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Editor's note— Ord. No. 2021-04, § 2, adopted February 4, 2021, set out provisions intended for use as Chapter 11.75. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as Chapter 11.90.

It is the purpose of this chapter to protect the public health, safety and welfare of the residents of the city by regulating the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes.

(Ord. No. 2021-04, § 2, 2-4-2021)

For the purposes of this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cannabis shall have the meaning set forth in California Health and Safety Code Section 11018.

Cannabis product shall have the meaning set forth in California Health and Safety Code Section 11018.1.

Common area means every interior or exterior area of a multi-unit residence that residents of more than one unit of the multi-unit residence are entitled to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, recreation areas or rooms, playgrounds, gym facilities, swimming pools, spas, jacuzzis, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas. Common area shall also mean "common area" as defined in California Civil Code section 4095, or any successor legislation.

Common interest development means:

(1) A community apartment project as defined in California Civil Code Section 4105, or any successor legislation,

(2) A condominium project as defined in California Civil Code Section 4125, or any successor legislation,

(3) A planned development as defined in California Civil Code Section 4175, or any successor legislation, and

(4) A stock cooperative as defined in California Civil Code Section 4190, or any successor legislation.

Effective date of this chapter means the effective date of Ordinance No. 2021-04.

Electronic cigarette means an electronic and/or battery-operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of nicotine, cannabis product or other substances and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or description and includes vaping. "Electronic cigarette" does not include any inhaler prescribed by a licensed doctor.

Enclosed means closed in by a roof and walls with appropriate openings for ingress and egress.

Existing lease means any lease or rental agreement that allows a person to occupy a unit that was entered into before the effective date of this chapter.

Homeowners' association means an organization or entity established for the purpose of managing and/or maintaining a common interest development. A homeowners' association shall also mean "association" as defined in California Civil Code Section 4080, or any successor legislation.

Hotel has the same definition as that set forth in Section 9.10.650 of this Code, A building designed for or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms, and in which no provision is made for cooking in any individual room or suite; jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint, are specifically not included.

Landlord means any person who owns property let for residential use.

Mixed hotel/common interest development project means a project that is comprised of both a hotel and a common interest development. The project can be in any configuration such as, but not limited to, the hotel and common interest development being located in separate buildings, or the hotel and common interest development being located on separate floors of the same building.

Multi-unit residence means a residential property containing three (3) or more units on the same lot, where one (1) or more of the units is offered for rent, and their patios and balconies. The following types of housing are specifically excluded from this definition:

(1) A single-family home;

(2) A detached or attached accessory dwelling unit on a single-family zoned property;

(3) A hotel;

(4) A mixed hotel/common interest development project;

(5) A community apartment project as defined in California Civil Code Section 4105, or any successor legislation;

(6) A condominium project as defined in California Civil Code Section 4125, or any successor legislation;

(7) A stock cooperative as defined in California Civil Code Section 4190, or any successor legislation; and

(8) A townhouse unit.

New lease means any lease or rental agreement that allows a person to occupy a unit that was entered into, amended, or renewed on or after the effective date of this chapter. This includes any month-to-month lease that is renewed after this date.

Nonenclosed means a predominantly outdoor area that does not meet the definition of "enclosed", including, but not limited to, open air dining areas.

Open air dining area means any nonenclosed 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 and/or beverages are served whether or not for compensation. This includes, but is not limited to, restaurants, hotels, bar standing and seating areas, patios, and coffee shops. An open air dining area does not include open air dining areas that are immediately adjacent to and accessory to a private smokers' lounge, as that term is defined in Labor Code Section 6404.5 or its successor statute.

Outdoor public gathering means an unenclosed area where members of the general public are attending, viewing or participating in a group activity, such as a special event, parade, fair or temporary outdoor event allowed pursuant to Section 9.250.050 of this Code.

Owner means the owner of a "separate interest" as that term is defined in California Civil Code Section 4185, or any successor legislation.

Public and private plaza means any unenclosed place, other than a publicly owned sidewalk, that is paved and permanently set aside for pedestrian use, including, for example, a courtyard, plaza or promenade.

Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco, tobacco product, or plant product intended for inhalation, including cannabis or cannabis products, whether natural or synthetic, in any manner or in any form. "Smoke" or "smoking" also includes the use of an electronic smoking device, which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter.

Townhouse unit means a unit, whether rented or owned, in which each unit extends from the foundation to roof with no units above or below the townhouse unit.

Unit means any personal dwelling space in a multi-unit residence. A unit shall include any associated exclusive-use area, such as, for example, a private balcony, porch, deck, or patio. A unit shall also have the same meaning as "separate interest" as that term is defined in California Civil Code Section 4185, or any successor legislation.

(Ord. No. 2021-04, § 2, 2-4-2021)

A. Smoking in specific locations. It is unlawful to smoke in the following places:

(1) Any elevator;

(2) Any city-owned or controlled park, community center, administrative building, or facility;

(3) Any outdoor service area;

(4) Inside any public building (as that term is defined in California Government Code Section 7596);

(5) Any open air dining area;

(6) Within twenty (20) feet of the entrance, exit or open window of any building open to the public;

(7) Any public and private plazas except in areas of private plazas that are specifically set aside for smoking and designated by posted signage, provided that such areas are not within twenty (20) feet of building entrances or exits or designated pathways;

(8) At all outdoor public gatherings, except in areas specifically set aside for smoking and designated by posted signage;

(9) In the public right-of-way (including all public sidewalks and alleyways) in the City, except smoking will be allowed if, and only if, the smoker is actively traveling on the public right-of-way;

(10) Any farmers' market;

(11) Any hotel for which an occupancy permit is issued on or after the effective date of this chapter;

(12) Any "vaping lounge" or other business that sells electronic smoking devices; except that electronic smoking devices may be used at any such businesses that were locally licensed as such lounges in Jurupa Valley as of the effective date of this chapter, provided there is appropriate ventilation so as not to interfere with neighboring occupants and provided no minors are allowed in the businesses; and

(13) Multi-unit residences, as provided in Section 11.90.040 of this Code.

B. Disposal of smoking waste. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this chapter, except in a designated waste disposal container.

C. Liability of businesses. No business owner, operator or manager shall knowingly or intentionally allow smoking in an open air dining area that is under his, her or its control. This law 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.

D. Posting of signs. Every business that owns or controls an open air dining area covered under subsection A.(5) of this section shall post one (1) or more prominent signs in conspicuous locations to apprise users of the prohibition of smoking in that open air dining area. Multiple signs must be provided as needed for larger areas to ensure that signs are readily visible to all users of the area.

(Ord. No. 2021-04, § 2, 2-4-2021)

A. Remedy. Any person who smokes in a multi-unit common area, or in a residential unit designated "Non-smoking" as described in subsection C. of this section, is subject to an award of damages of not less than one hundred dollars ($100) which may be collected by any person in a civil action, including an action in small claims court. The minimum damages amount shall increase to two hundred dollars ($200) for the second violation within one (1) year; and to five hundred dollars ($500) for the third and subsequent violations within one (1) year.

B. Notice required. The landlord or homeowners' association of every multi-unit residential property shall provide notice of the remedy in subsection A. of this section to all affected occupants by posting and maintaining one (1) or more prominent signs in conspicuous locations in each multi-unit common area to ensure that the signs are readily visible to all users of the area.

C. Designation of residential units' smoking status.

(1) All units in multi-unit residential properties, including apartments, common interest developments and condominiums, shall be designated as either "smoking" or "non-smoking" pursuant to this subsection. The required procedure for this designation is as follows:

(a) Within sixty (60) days after the effective date of this chapter, the owner (defined as the landlord in the case of apartments and the homeowners' association in the case of condominiums) shall provide the occupant of each unit at the property with written notice asking the occupant to designate the unit as "Smoking" or "Non-smoking."

(b) Within ninety (90) days of the effective date of this chapter, the occupant of each such unit shall deliver to the owner the designation of the unit.

(c) Within one hundred twenty (120) days of the effective date of this chapter, the owner shall notify all units in writing of the designations for all units. Any occupant wishing to change or correct his or her unit's status may do so in writing to the owner within one hundred fifty (150) days of the effective date of this chapter.

(d) Within one hundred eighty (180) days of the effective date of this chapter, the owner shall deliver the final designation list for all units at the property: (i) to each unit; and (ii) to all non-occupying owners of condominium units. At the same time, the owner shall give each occupant an information sheet prepared by city staff containing: the requirements of the law (including the fact that a tenant cannot be evicted for violating this chapter); contact information for further questions; and information about smoking cessation resources.

(e) For each undesignated unit, the owner shall request the occupant to designate the unit as either "smoking" or "non-smoking," each year following the initial designation.

(2) If an occupant fails to designate his or her unit's smoking status under the procedure described above, the unit shall be deemed undesignated for the remainder of that occupancy. Any unit designated "smoking" or "undesignated" can be changed to "non-smoking" by the occupant at any time, through written notice to the owner.

(3) Every unit that becomes vacant after the effective date of this chapter shall thereafter be designated "non-smoking" regardless of its prior designation.

(4) Every unit in a new multi-unit residential property for which an occupancy permit is issued on or after the effective date of this chapter shall be designated "nonsmoking."

(5) The owner shall maintain a current list of all units' smoking designations and shall update that list in the event of a unit changing status as described above.

(6) The owner shall provide a copy of the current list of all units' smoking designations and the information sheet described in subsection C.(1)(d) of this section: (i) to all new or prospective occupants of the property; and (ii) to any person upon request.

(7) Each condominium unit designated "non-smoking" under this section shall be so recorded on the title to the unit by the owner of the unit.

D. Limitations and exceptions.

(1) Nothing in this section may be used as grounds to terminate a tenancy. Nothing in this section shall render smoking in multi-unit common areas or in a designated "Non-smoking" unit a violation of law pursuant to any rental housing agreement.

(2) No action may be brought pursuant to this section unless the complaining party has first made a good faith attempt to resolve the situation informally, including written notice of this section and a written request to cease smoking in the multi-unit common area at least thirty (30) days before filing suit.

(3) Smoking is prohibited in all multi-unit residence common areas except that the property owner, manager, or homeowners' association may designate a portion of a multi-unit common area where smoking is allowed. Any such designated area must:

(a) Be located at least twenty (20) feet from any indoor area;

(b) Not include and must be at least twenty (20) feet from play or recreation areas including, but not limited to, areas improved or designated for swimming or other sports;

(c) Be no more than twenty-five (25) percent of the total outdoor area of the premises of the property;

(d) Have a clearly marked perimeter;

(e) Be identified by conspicuous signs; and

(f) Not overlap with any area in which smoking is otherwise prohibited by this chapter or other law.

(4) The prohibition and remedy for smoking in designated "non-smoking" units shall not apply to temporary and special needs housing facilities for people with disabling conditions, including addiction to substances.

(5) For multi-unit properties in which smoking is already prohibited in all units, each unit shall be deemed designated "non-smoking" under this section without the designation procedures described above.

E. Nonexclusive remedies and penalties. Nothing in this section shall preclude any person from pursuing any other remedies, penalties or procedures provided by law. Nothing in this section limits the ability of property owners to restrict smoking in residential units as otherwise allowed by law.

(Ord. No. 2021-04, § 2, 2-4-2021)

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions.

B. No person shall intimidate, harass, or otherwise retaliate against any person who seeks to attain compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this chapter.

C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter is prohibited.

D. A violation of this chapter is declared to be a public nuisance.

E. Administrative citations. Any person who violates this chapter shall be guilty of violating the Jurupa Valley Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.20 of Title 1 of the Jurupa Valley Municipal Code.

F. Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including but not limited to, the enforcement provisions of Title 1 of the Jurupa Valley Municipal Code.

G. Punishment under this Code shall not preclude punishment pursuant to any provision of law pertaining to smoking or littering. Nothing in this chapter precludes any person from seeking any other remedies, penalties or procedures provided by law. The remedies provided in this Code are cumulative and in addition to any other remedies available at law or in equity.

H. No provision of this chapter shall authorize a criminal prosecution prohibited by California Health and Safety Code Sections 11362.71, et seq., or 11362.1, et seq.

(Ord. No. 2021-04, § 2, 2-4-2021)