Part 1 — Legislative Findings

The City Council hereby finds:

• A. Based upon the United States Surgeon General's Report on health consequences of second-hand tobacco smoke the medical community has generally concluded that non-smokers subjected to tobacco smoke are at risk for the development of lung cancer. In addition there are other serious health consequences including respiratory malfunctions and irritation that may result from inhaling tobacco smoke.

• B. Non-smokers should have a right to be free from exposure to second-hand tobacco smoke from those who use tobacco.

• C. The California Legislature by the California Indoor Clean Air Act of 1976, California Health and Safety Code 25940 et seq. has found and declared that tobacco is a hazard to the health of the general public and although the State Legislature by the aforementioned act has adopted some regulations pertaining to smoking in places of public assembly, health facilities, restaurants, retail food establishments, elevators and public conveyances, many other places where the public congregate as well as retail stores, work places and other facilities are without any regulation.

• D. The City Council concurs in the findings of the California Legislature and the United States Surgeon General and in addition finds that the California Indoor Clean Air Act of 1976, as amended, should be expanded by local regulation not in consistent with the provisions thereof and as authorized by Health and Safety Code 25946 and 25949.6.

• E. Based on the aforementioned findings, the City Council should adopt a non-smoking policy applicable to all City owned and maintained facilities and vehicles.

• F. In addition based upon the aforementioned findings, the City Council should by ordinance regulate the smoking of tobacco in any enclosure or building in the City where the public is invited to attend as defined in Chapter 3 of Article IX as churches, educational institutions, public libraries and museums, hospitals, convalescent homes and sanitariums (except where authorized by a medical order), retail sales facilities, cafe, food and restaurant facilities, private clubhouses and commercial recreation buildings, anywhere in the City as well as within all building enclosures in any of the commercial or manufacturing zones of the city. As a minimum the regulation should require the owner, proprietor or manager of the foregoing to adopt a non-smoking policy and to post said premises with notices or warnings that smoking is either allowed, prohibited or allowed only in designated areas.

• G. The City Council further finds that the regulations herein enacted are not within the provisions of the California Environmental Quality Act in that the effect of this Ordinance is to have a beneficial effect on the public health, safety and welfare rather than an adverse effect and therefore this Ordinance is not a project under CEQA.

The City Council does not intend by the provisions of this Chapter 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 and Safety Code. The City Council does intend by this Ordinance to enact additional and more strict regulation than those found in the California Indoor Clean Air Act of 1976 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.

Part 2

Definitions

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

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

DESIGNATED AREA — Means an area within the building that has been set aside by the owner for smoking by establishing and maintaining the following:

• A. Wall enclosures or partitions or open space of at least three feet marking or separating said designated area from any other portions of said premises where smoking is prohibited.

• B. In connection with any new construction following the effective date of this ordinance of any building or portion thereof designed or intended to be used or thereafter used as a designated area, or in the event of the replacement of any ventilating system serving an area designed or intended to be used as a designated area, the ventilation system shall provide a minimum of twenty CFM (cubic feet per minute) of outside air for each person of intended occupancy in an office building and fifteen CFM of outside air for each person of intended occupancy in any other building to which this section is applicable.

ENCLOSURE — A room or building completely enclosed by walls on all sides and doors and windows.

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.

POSTING — Includes the posting of signs and their continual maintenance where required by the provisions of this chapter. Each owner shall post and maintain signs of one or more of the following designations:

• A. A Warning Sign containing the following:

SMOKING ALLOWED

POSTED PER LAKEWOOD MUNICIPAL CODE 5542

• B. A Notice Sign containing the following words:

SMOKING PERMITTED IN DESIGNATED AREAS ONLY

LAKEWOOD MUNICIPAL CODE 5542

• C. A No Smoking Sign containing the following words:

NO SMOKING

LAKEWOOD MUNICIPAL CODE 5542

Signs shall be clearly, sufficiently and conspicuously posted so that they are clearly visible to persons upon entering a building, enclosures, or designated area. All exterior entrances to any building to which this chapter applies shall be posted with either a Warning Sign, Notice Sign or No Smoking Sign. All designated areas shall be posted with a sign clearly visible to persons who might enter the designated area that smoking is permitted therein.

PRIVATE USE — Any use for which the general public is not invited.

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.

USE — Is a purpose for which a building is arranged, designed or occupied or maintained.

ZONE — Reference in this chapter to the following zones has the following meanings:

• A. COMMERCIAL ZONE — Includes the land use classification of C1, C3 and C4 in Article IX of this Code.

• B. MANUFACTURING ZONE — Includes the land use classification of M1 and M2 in Article IX of this Code.

• C. O-S (OPEN SPACE) ZONE — Includes the land use classification of O-S in Article IX of this Code.