Los Angeles County Municipal Code Part 1 Regulations Generally

Because the smoking of tobacco or of any other weed or plant is a positive danger to health and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined places, and in order to serve public health, safety and welfare, the purpose of the ordinance codified in Part 1 of this chapter is to prohibit the smoking of tobacco, or any other weed or plant, in certain areas which are used by or open to the public.

(Ord. 11421 § 1, 1976.)

As used in Section 11.64.010 through 11.64.070:

A.

"Person" means any individual, firm, copartnership, joint venture, association, official group, fraternal organization, corporation, estate, trust, receiver, syndicate, or any other group or combination acting as a unit.

B.

"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 or vaporizing material contains no tobacco, nicotine, or cannabis 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, vapors from an electronic smoking device, and the smoke of cannabis or any other like substance.

C.

"Smoking" means inhaling, exhaling, burning or carrying any lighted, heated or ignited cigar, cigarette, any pipe, cigarillo, hookah, electronic smoking device, or plant products, or using any other method or device that delivers nicotine, cannabis or other like substances to a person.

D.

"Cannabis" has the meaning set forth in California Business and Professions Code section 26001, as that section may be amended from time to time.

E.

"Electronic smoking device" means an electronic device which can be used to deliver an inhaled dose of nicotine, cannabis, or other substance, including any component, part, or accessory of such a device, whether or not sold separately. The term "electronic smoking device" includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah or any other product name or descriptor.

(Ord. 2019-0011 § 4, 2019; Ord. 11421 § 2, 1976.)

Smoking, including the use of electronic smoking devices, or allowing smoking or the use of electronic smoking devices, is prohibited in the following places within the unincorporated area of the County of Los Angeles:

A.

Elevators open to the public.

B.

Buses and bus stops.

C.

Museums and libraries.

D.

Any indoor area of every private or public health-care facility, including but not limited to hospitals; and all outdoor areas of County owned or operated healthcare facilities, except that smoking by patients may be allowed in designated outdoor patient smoking areas in County owned or operated recuperative care facilities, facilities treating mental illness, and long- term health care facilities, including those defined in section 1250 of the Health and Safety Code, subject to the Director of the County department responsible for the facility.

E.

Within the public portion of any building, not open to the sky, which is primarily used for or designated for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital, or other similar performance, whenever open to the public (except when smoking is a part of the performance itself).

F.

Within any meeting room, chamber or place of public assembly where public business is being conducted and which is open to members of the general public, either as participants or as spectators.

G.

Within any area of a public beach, including parking areas designated for use by the public.

H.

Within 40 feet of any mobile food or temporary food facility, including trucks and carts that serve food to patrons.

I.

Within 25 feet of any outdoor area of an eating establishment or bar set aside for use by patrons.

(Ord. 2019-0011 § 5, 2019; Ord. 2005-0018 § 2, 2005; Ord. 2004-0034U § 2, 2004; Ord. 11421 § 3, 1976.)

Signs which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently and conspicuously posted in every room, building or other place so covered by this chapter. The manner of such posting, including the wording, size, color, design and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the owner, operator, manager or other person having control of such room, building or other place so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this chapter.

(Ord. 11421 § 4, 1976.)

The owner, operator or manager of any facility, business or agency within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all no-smoking signs required by this chapter.

(Ord. 11421 § 5, 1976.)

Any person who violates any provision of this Part 1 by smoking in a posted no-smoking area, or by failing to post or cause to be posted a no-smoking sign required by this Part 1, or otherwise violates any provision of this Part 1, is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than $10.00 nor more than $100.00.

(Ord. 11421 § 6, 1976.)

If any portion of this Part 1, or the application thereof to any person or circumstances is held invalid, the remainder of the provisions and the application of such provisions to other persons or circumstances shall not be affected thereby.

(Ord. 11421 § 7, 1976.)