Laguna Woods Municipal Code Ch. 7.16 Smoking

Footnotes:

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Editor's note— Ord. No. 17-10, § 3(Exh. A), adopted November 15, 2017, amended ch. 7.16, in its entirety to read as herein set out. Former ch. 7.16, 7.16.010—7.16.150, pertained to smoking in public places and places of employment, and derived from Ord. No. 04-06, §§ 2—16, 8-12-2004; Ord. No. 06-06, § 2, 11-8-2006; Ord. No. 11-03, § 2, 3-16-2011.

This chapter recognizes the right of persons within the City to be free from unwelcome secondhand smoke, which is deemed to be a public nuisance. The purpose and intent of this chapter is to promote and protect public health, safety, and welfare by prohibiting smoking in, and in certain locations near, multi-unit residence common areas, places of employment, and public places, as well as on governmental property and during certain hazardous fire conditions, where persons would be exposed to unwelcome secondhand smoke and also to the risks and dangers associated with fires. This chapter is further intended to ensure a cleaner and more hygienic environment for the City and its residents, businesses, visitors, and natural resources.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

The following definitions shall govern the meaning of words and phrases used in this chapter:

(05) Electronic smoking device shall mean an electronic device that can be used to deliver an inhaled dose of tobacco, nicotine, marijuana, or other substance, 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 vaporizer, an electronic hookah, an electronic bong, an electronic waterpipe, or any other product name or descriptor, including any component, part or accessory of such device, whether or not sold separately.

(10) Employee shall mean any person who is employed by an employer for direct or indirect monetary wages or profit.

(15) Employer shall mean any person who employs the services of an individual person or persons.

(20) Enclosed shall mean closed in by a roof and four walls with appropriate openings for ingress and egress.

(25) Multi-unit residence shall mean a building or portion thereof that contains more than one dwelling space consisting of essentially complete independent living facilities for one or more persons including, but not limited to, apartments, condominiums, cooperatives, dormitories, and group homes. "Multi-unit residence" does not include single-family residences regardless of occupancy, or facilities licensed by the State of California.

(30) Multi-unit residence common area shall mean any enclosed area, as well as any of the following unenclosed areas, that are accessible to and usable by the occupants or their guests for more than one dwelling space: breezeways, entryways, hallways, stairways, and other common areas in a multi-unit residence, as well as covered or semi-covered parking lots or structures. "Multi-unit residence common area" shall also mean any unenclosed patio or balcony.

(35) Place of employment shall have the same meaning as set forth in California Labor Code § 6404.5, as may be amended from time to time. "Place of employment" shall also include, but is not limited to, retail or wholesale tobacco shops as that term is defined in subdivision (e)(2)(B) of California Labor Code § 6404.5, as may be amended from time to time.

(40) Public place shall mean any enclosed or unenclosed area publicly or privately owned and open to the general public including, but not limited to, athletic courts and fields, auditoriums, bars, bed and breakfast establishments, breezeways, bus and other transportation shelters, businesses, cinemas, eating areas, elevators, entryways, golf courses, gymnasiums, halls, health care facilities, health club facilities, hiking trails, hospitals, hotels, libraries, lobbies, meeting rooms, motels, offices, parking lots and structures, parks, picnic areas, play areas, plazas, pools, recreation facilities, restaurants, restrooms, seating areas, shops, stairways, streets, stores, and theaters. "Public place" shall also mean any enclosed or unenclosed place being used for an event that is open to the general public including, but not limited to, a craft fair, concert or other performance venue, farmers' market, parade, festival, or polling place, as well as City Hall and all enclosed areas owned, leased, or operated by the City of Laguna Woods.

(45) Smoke shall mean the gases, particles, chemicals, 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 material contains no tobacco, nicotine, or marijuana and the purpose of inhalation is solely olfactory, such as, for example, aromatherapy or smoke from incense. "Smoke" specifically includes, but is not limited, to electronic smoking device vapors of any kind, marijuana smoke, and tobacco smoke.

(50) Smoking shall mean the release of gases, particles, chemicals, 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, or any combustible plant product, including but not limited to tobacco and marijuana, intended for human inhalation. "Smoking" specifically includes, but is not limited to, the use of electronic smoking devices.

(55) Unenclosed shall mean not closed in by a roof and four walls with appropriate openings for ingress and egress.

(60) Unenclosed patio or balcony shall mean patios or balconies that are attached to multi-unit residences, except where such patios or balconies are fully enclosed with all windows and doors closed.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

(a) In addition to all places where smoking is prohibited under state or federal law, in which case those laws shall also apply, no person shall smoke in, and smoking areas shall not be established or designated in, multi-unit residence common areas, places of employment, or public places, or in any unenclosed area within 20 feet of an entrance, exit, window, door, opening, crack, or vent to an enclosed multi-unit residence common area, place of employment, or public place, except while actively passing on the way to another destination provided that smoke does not enter any such area.

(b) Nothing in this chapter prohibits any person with control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

Smoking is prohibited in any enclosed or unenclosed area owned, leased, or operated by other governmental bodies including, but not limited to, the State of California, the County of Orange, special districts, and school districts, when such other governmental body has consented, in writing, to the City enforcing the provisions of this chapter on such property.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

When deemed necessary by the Fire Chief, for the effective duration of any red flag warning issued by the National Weather Service which includes the City, and except when precluded by applicable law, smoking is prohibited in any unenclosed area that is located within any one or more of the City's fire hazard severity zones, as set forth in Chapter 10.13 of this Code. If, after being provided with verbal or written notice of the effectiveness of this prohibition, or if notices are posted, and a person fails to cease smoking or subsequently begins to smoke in such prohibited area, he or she shall be deemed to be in violation of this chapter.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

(a) No employer, owner, operator, manager, employee, or other person working in or having control of an area where smoking is prohibited by this chapter shall knowingly or intentionally permit smoking in such area. This subsection does not require the physical ejection of any person who is smoking from an area in which smoking is prohibited by this chapter or the taking of any action to prevent smoking under circumstances that would involve a risk of injury, physical harm, or property damage.

(b) The employer, owner, operator, manager, or other person having control of an enclosed area where smoking is prohibited by this chapter shall cause a sign stating "No Smoking" or "Smoking is Prohibited Except in Designated Areas", as the case may be, to be clearly and prominently posted at each entrance to the building or structure. Notwithstanding this subsection, the presence, absence, wording, or condition of any one or more signs shall not be a defense to any violation of this chapter.

(c) The employer, owner, operator, manager, or other person having control of an unenclosed eating area that is a public place shall cause a sign stating "No Smoking" to be clearly and prominently posted at each entrance to such area. The employer, owner, operator, manager, or other person having control of an unenclosed eating area that is a public place shall also cause signs not less than two inches by two inches including the international "No Smoking" symbol to be placed on each table within an unenclosed eating area that is a public place. Notwithstanding this subsection, the presence, absence, wording, or condition of any one or more signs shall not be a defense to any violation of this chapter.

(d) The employer, owner, operator, manager, employee, or other person working in or having control of an unenclosed area where smoking is prohibited by this chapter shall ensure that no ashtray or receptacle for smoking waste is located or otherwise made available to any person in such area.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

The following areas are exempt from the provisions of this chapter:

(1) Inside private residences, with the exception of areas that are considered to be multi-unit residence common areas.

(2) Inside motor vehicles, with the exception of motor vehicles regulated by California Labor Code § 6404.5, as may be amended from time to time, and motor vehicles parked in an area where smoking is prohibited by this chapter unless such motor vehicles are fully enclosed with all windows and doors closed.

(3) Twenty percent of the guestroom accommodations in a hotel, motel, or similar transient lodging establishment.

(4) Medical research or treatment sites, if smoking is integral to the research or treatment being conducted.

(5) Patient smoking areas in long-term health care facilities, as that term is defined in California Health and Safety Code § 1418, as may be amended from time to time.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

(a) The provisions of this chapter may be enforced by City personnel, the Orange County Sheriff's Department, the Orange County Fire Authority, and other persons designated by the City Manager.

(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of this chapter.

(c) Any person who is found to violate any provision of this chapter shall be deemed guilty of an infraction and shall be punishable by:

(1) A civil fine not exceeding $100.00 for the first violation;

(2) A civil fine not exceeding $200.00 for a second violation within one year from the date of the first violation; and

(3) A civil fine not exceeding $500.00 for a third or subsequent violation within one year from the date of the first violation.

(d) Any aggrieved person may enforce the provisions of this chapter by means of a civil action on his or her own behalf pursuant to California Civil Code § 3501 et seq.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)

(a) This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws.

(b) This chapter regulates smoking in places of employment only to the extent that such regulation is consistent with California Labor Code § 6404.5, as may be amended from time to time.

(Ord. No. 17-10, § 3(Exh. A), 11-15-2017)