Lompoc Municipal Code Ch. 8.16 Regulation of Smoking

The City Council finds all of the following:

A. Tobacco use is one of the leading causes of preventable death in this country; and

B. Studies have shown that secondhand smoke is a significant public health hazard, including the cause of death and disease, and has been shown to cause approximately 46,000 deaths a year in the United States; and

C. Tobacco use and exposure to secondhand smoke imposes great social and economic costs; and

D. Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers; and

E. Cigarette butts pose a health threat to young children and are a persistent source of litter; and

F. According to the American Lung Association, children are particularly vulnerable to secondhand smoke and children that breathe secondhand smoke are more likely to develop asthma, have more asthma attacks, suffer pneumonia and have more ear infections; and

G. The purpose of this Chapter is to provide for the public health, safety and welfare by protecting the public from exposure to secondhand smoke in those places that are held open to the public or made available to the public.

(Prior code § 2121(A); Ord. 1604(14) § 1)

The following words and phrases, whenever used in this Chapter, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.

"Enclosed"

means closed in by roof and four walls, with appropriate openings for ingress and egress.

"Place of employment"

means any area under the legal or de facto control of an employer (a person(s) or entity that employs one or more person(s) for compensation) that an employee or the general public may have cause to enter in the normal course of operations, regardless of the hours of operation, and includes a private residence required to be licensed as a family day care home under California law.

"Public place"

means any place, publicly- or privately-owned, which is open to the general public regardless of any fee or age requirement.

"Recreational area"

means any area that is publicly-owned or controlled and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to: parks, including special use parks (such as: dog parks, motorsports parks, and bike skills parks), picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks.

"Smoke"

means the gases, particles, 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 or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

"Smoking"

means engaging in an act that generates Smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.

(Prior code § 2121(B); Ord. 1604(14) § 1)

A. Smoking shall be prohibited in all enclosed public places within the City with the following exceptions:

1. Smoking is allowed as part of a stage or theatrical production, although use of simulated smoking products is encouraged whenever possible;

2. Smoking is permitted within a private smokers' lounge of a retail or wholesale tobacco shop as authorized under Labor Code Section 6404.5(d)(4);

3. Smoking in hotel, motel and other similar transient lodging establishments is permitted as authorized under Labor Code Section 6404.5(d); and

4. Smoking in residences is permitted as allowed by State law.

B. Notwithstanding any other provision of this Section, any owner, operator, manager or other person who controls any establishment described in this Section may declare that entire establishment as a nonsmoking establishment.

C. This Section applies to all facilities owned, operated and/or controlled by the City. Additionally, smoking and ashtrays are also prohibited within at least 20 feet of any enclosed City building or facility.

(Prior code § 2121(C); Ord. 1604(14) § 1)

Smoking in enclosed places of employment is regulated by Labor Code Section 6404.5. Any person who controls a place of employment may declare the entire establishment to be a nonsmoking establishment.

(Prior code § 2121(D); Ord. 1604(14) § 1)

A. Except as provided in subsection B, smoking is prohibited in any recreational area in the City, except any portion of a recreational area designated for smoking by the City Manager or designee. Designated smoking areas will be denoted by appropriate notice or signage.

B. Notwithstanding subsection A, the smoking of cannabis is permitted in recreational areas solely within the designated boundaries of a City-permitted cannabis event (as defined in Section 9.36.020 of this code) and only during the permitted hours of such an event.

C. Nothing in this section prohibits any person or entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

D. No Person shall dispose of used smoking waste in recreational areas, except in designated waste receptacles located within the boundaries of a City-permitted cannabis event (as defined in Section 9.36.020 of this code) during such an event.

(Prior code § 2121(E); Ord. 1604(14) § 1; Ord. 1673(20) § 42; Ord. 1683(21) § 1)

"Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.

(Prior code § 2121(F); Ord. 1604(14) § 1)

A. Enforcement shall be implemented by the City Manager or designees.

B. Any citizen who desires to register a complaint under this Chapter may initiate enforcement with the City Manager or designees.

C. Any owner, manager, operator, or employer of any establishment controlled by this Chapter shall have the right to inform persons violating this Chapter of the appropriate provisions thereof.

(Prior code § 2121(G); Ord. 1604(14) § 1; Ord. 1673(20) § 42)

Any person who violates any provision of this Chapter is guilty of an infraction.

(Prior code § 2121(H); Ord. 1604(14) § 1)

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this Chapter.

(Prior code § 2121(I); Ord. 1604(14) § 1)

This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws, including any amendments to State or local law as they may be adopted from time to time.

(Prior code § 2121(J); Ord. 1604(14) § 1)