Lakewood Municipal Code Part 4 Private and Other Facilities

It is unlawful for any person to smoke in any of the following places within the City of Lakewood.

A. In any taxicab without the permission of all occupants.

B. In any public conveyance vehicle.

C. In any passenger elevator. Each owner shall at all times post and maintain within said passenger elevator a No Smoking Notice in the form and manner set forth in Section 5525.

[Amended by Ord. 93-6]

D. In any place where smoking is prohibited by the California Indoor Clean Air Act of 1976, except as therein authorized or except as hereinafter prohibited.

E. In any building or enclosure within the City in violation of any notice prohibiting smoking in all or any part thereof other than designated area or in any enclosure where all occupants thereof agree that smoking is permitted.

Every manager, governing board or person in control of any enclosure or building in the City where the public is invited to attend and defined in Chapter 3 of Article IX of this Code as a church, educational institution, public library and museum, hospital, convalescent home and sanitarium (except where authorized by medical order) shall adopt a no smoking policy. Every owner of any use conducted within a building or enclosure in any commercial or manufacturing zone or any owner conducting within a building or enclosure any retail sale of products, cafe, food and restaurant, private clubhouse, and commercial recreational use in the O-S Zone or any owner conducting within the City child care facilities licensed by the State of California shall adopt a no smoking policy. The policy shall be in writing, signed by the owner or other person having the authority to adopt a policy and to enforce any provision thereof. Said policy shall be adopted on or before December 31, 1988 and a copy thereof filed with the Director of Finance within thirty (30) days thereafter. In the event meet and confer sessions or labor negotiations would cause a reasonable delay in adopting a policy, the City Administrator is authorized to grant reasonable extensions of time for the adoption or filing of such a policy not exceeding July 1, 1989. Further extensions beyond that date may be granted on Petition to the City Council in those cases where meet and confer sessions have not been reasonably completed. Said owner or other person having the authority to make and enforce the policy shall periodically review the same and any amendment or change thereof shall be reduced to writing and filed with the Director of Finance within thirty (30) days of its adoption. Said policy shall include as a minimum at least one of the following determinations:

A. Smoking will be allowed in all enclosed portions of the premises or buildings thereon except where posted otherwise.

B. No smoking will be allowed in any enclosed portion of the premises or building thereon.

C. Smoking will be allowed only in designated areas within enclosures or buildings on the premises.

D. Notwithstanding the foregoing, said Policy shall include as a minimum that Fifty percent (50%) of any area provided or used for the serving or consumption of food shall be designated as a no smoking area.

[Added by Ord. 91-7]

Notwithstanding the foregoing posting shall not be required of the managing board, governing board or person in control of any enclosure designed or intended to be used for religious worship.

The no smoking policy shall be enforced as follows:

A. Each owner shall at all times post and maintain on said premises as required by the terms and provisions of this chapter notice of its smoking policy. Failure of any person to adopt and maintain a no smoking or smoking policy as provided in Section 5541 or to maintain posted notice thereof is a misdemeanor.

B. Any person who violates a posted notice pertaining to smoking or non-smoking as provided in this chapter is guilty of a misdemeanor.