Los Alamitos Municipal Code Ch. 8.36 Smoking

A. Legislative Finding. The city council finds and declares that tobacco smoking is a hazard to the health of the general public.

B. Definition. "Smoke or smoking," as used in this chapter, shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind.

C. Smoking Prohibited — Buildings Owned or Leased by City.

1. Smoking shall be prohibited in all buildings and enclosed areas, including workplaces, offices, rooms, chambers, dining areas, enclosed areas used by the general public, including hallways and places of meeting or public assembly and vehicles, which are owned or leased by the city, or any agency thereof. However, this section shall not apply to buildings or facilities which are owned or leased by the city if an exemption to the terms hereof is granted pursuant to subdivision (2) of this subsection.

2. The city manager or his designee may grant an exemption from the provisions of subdivision (1) of this subsection for the areas known as Activity Rooms A and B in the city's community center building during the hours when specified scheduled events are being conducted. The city manager or his designee shall post signs in the exempt rooms notifying the public that smoking will be permitted during the designated hours.

D. Prohibition in Certain Places Open to the Public. Smoking shall be prohibited in the following places within the city:

1. Elevators open to and in use by the public;

2. Waiting rooms, public hallways and patients' rooms of every private or public health care facility including, but not limited to, hospitals except rooms limited to a single patient and not open to the general public;

3. Within every room, chamber, place of meeting or public assembly, during such time as a meeting required by law to be open to the general public is in progress;

4. Within any building or room not open to the sky, except the lobby, when that building or room is open to the public for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance (except when smoking is part of the stage production);

5. In rooms having an occupancy capacity of 50 or more persons, in areas posted by the management to that effect, within any establishment where food is being served to the general public; provided, however, that this prohibition against smoking shall not apply within an establishment wherein a no smoking area of not less than 40% of the floor space and of the seating capacity in which customers are served is maintained; and further, management shall increase the no smoking area whenever patrons are waiting to be seated in a no smoking area, there is no seating available in such area and there is seating in the smoking area;

6. In the halls, reading and viewing rooms of museums and libraries when open to the public;

7. Within retail stores doing business with the general public in areas posted by the management to that effect, except in areas not open to the public.

E. Duty to Post Signs. No smoking signs as adopted by the city council shall be conspicuously posted in every room, building or other place where smoking is prohibited by this chapter, by the department head, operator, manager or other person having control of such room, building or other place.

(Ord. 515 § 1, 1989; Ord. 576 § 1, 1994)

A. Permitting Violations. It is unlawful for any person who manages or otherwise controls the use of any premises which are subject to the restrictions of this chapter to knowingly permit a violation thereof.

B. Penalties. Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed $100 per violation.

(Ord. 515 § 1, 1989)