Lakewood Municipal Code Part 5 Smoking Regulations in Places Other Than Employment

The intent of this Part is to suspend the provisions of Part 1 - Part 4 of this Chapter pertaining to smoking regulations or prohibitions as provided in Government Code 6404.5(i) only for as long and to the extent that the (100%) smoking prohibition provided for in Section 6404.5 of the Labor Code remains in effect. In the event Section 6404.5 of the Labor Code is repealed or modified by subsequent legislative or judicial action so that (100%) smoking prohibition is no longer applicable to all enclosed places of employment in California, the provisions of Part 1 - 4 of this Chapter shall no longer be suspended and shall be enforced as therein provided. In addition to the extent that provisions of Part 1 - 4 are not "places of employment" as defined in Section 6404.5 of the Labor Code, the following regulations have been enacted and shall be enforced during such time as Parts 1 - 4 are suspended. Violation of the provisions of this Part shall be enforced as a misdemeanor as provided in the Lakewood Municipal Code.

The City Council does not intend, by the provisions of this Part to allow or permit what is now prohibited by the California Indoor Clean Air Act of 1976, Section 25940 et seq. of the California Health & Safety Code, and Section 6404.5 of the Labor Code. The City Council does intend by this Part to enact additional and more strict regulations than those found in the aforementioned enactments in order to protect the public health, safety and welfare as well as non-smokers who otherwise may be exposed to the deleterious effect of tobacco smoke.

For the purpose of this Part, certain words and phrases are defined, and certain provisions shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

A.

BUILDING

Is a structure having a roof supported by walls, doors or windows completely enclosing the interior of said structure.

B.

ENCLOSURE

A room or building completely enclosed by walls on all sides and door and windows.

C.

OWNER

Means a person who has the right of possession or control of a building or enclosure and includes proprietor, manager, agent or employee responsible for the maintenance, occupancy or use of a building or enclosure.

D.

POSTING

Wherein posting of any signs is required by this Part, the same shall be clearly, sufficiently and conspicuously posted so that it is clearly visible to persons upon entering a building, enclosure or designated area. A no smoking sign shall contain the following words:

E.

PRIVATE USE

Any use for which the general public is not invited.

F.

SMOKING

Means and includes, but not necessarily limited thereby, the holding or possession and control of any burning or lighted tobacco product. Smoking also means and includes the holding or possession and control of any burning, lighted, operating or functioning electronic and/or battery operated device, that can be used to deliver an inhaled dose of nicotine or other substances, including but not necessarily limited to any device manufactured, distributed, marketed or sold as an electronic cigarette, cigar, cigarillo or pipe, or any similar name or description.

[Amended by Ord. 2013-8]

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

A. In any City-owned and maintained building, enclosure and vehicle except a vehicle occupied by City employees where all occupants therein agree that smoking is permitted.

B. In a taxicab without the permission of all occupants.

C. In any public conveyance vehicle.

D. 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 this Part.

E. 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.

F. In any building or enclosure within the City in violation of any notice prohibiting smoking.

Any person who violates any provision of this Part or a notice posted as provided in this Chapter prohibiting smoking is guilty of a misdemeanor.