Malibu Municipal Code Ch. 9.34 Smoking Regulations

Editors Note: Ord. No. 334, § 1, adopted Mar. 9, 2009, supplied provisions to be added to this code as Ch. 9.32. In order to maintain the number sequence and ease of use, at the discretion of the editor, these provisions have been redesignated as Ch. 9.34.

For purposes of this chapter, the following terms shall have the following meanings:

"Outdoor dining area"

means any unenclosed area located on private or public property made available to or customarily used by the general public that is designed, established or regularly used for consuming food and/or beverages or where food and/or beverages are served whether or not for compensation. This includes, but is not limited to, restaurants, hotels, bar standing and seating areas, supermarkets, patios, and coffee shops.

"Public event"

means an activity, ceremony, event, fair, farmer's market, function, gathering, meeting, pageant, or program—whether athletic, civic, cultural, charitable, community, entertainment, intellectual, recreational, or social—that: (1) is open to the general public whether or not a ticket or an admission fee is required; (2) takes place outside of an enclosed structure or building; and (3) a person, employer, business, non-profit entity, or the city sponsors, hosts, organizes, or operates. "Public event" shall also include the meeting place of the city council or any commission, board or committee of the city during any meeting thereof, including any recess.

"Smoking"

means the inhaling, exhaling, or emitting of fumes, vapor or aerosol, in any manner or in any form, any lighted or activated pipe, cigar, cigarette, electronic smoking device, or other smoking product or equipment used to burn any tobacco product, weed, plant, or any other combustible substance.

"Smoking outpost"

means the non-enclosed area, location, place, or site—identified by a posted "Smoking Permitted" sign—that is cordoned off or specifically designated, within which a person may smoke.

(Ord. 337 § 1, 2009; Ord. 466 § 2, 2020)

Smoking is prohibited in all outdoor dining areas located on private or public property, including the public right-of-way. Smoking is also prohibited within 20 feet of an outdoor dining area, except while actively passing by on the way to another destination.

(Ord. 337 § 1, 2009; Ord. 466 § 2, 2020)

Any business with an area subject to the prohibition set forth in Section 9.34.020 of this chapter shall post or cause to be posted and shall maintain "no smoking" signs in conspicuous locations within said area. All such signs shall: (1) be no greater than one square foot in size; (2) be prominently displayed; (3) clearly state "no smoking" and/or use the international "no smoking" symbol; and (4) reference Section 9.34.020 of the Malibu Municipal Code. Any business with an area subject to the prohibition set forth in Section 9.34.020 shall also provide a smoker's waste receptacle 20 feet from the entry way or, where that distance is not possible, at the farthest possible point away from the entry way.

(Ord. 337 § 1, 2009; Ord. 466 § 2, 2020)

A. Smoking is prohibited at, and within 20 feet of, any public event except within a designated smoking outpost.

B. For purposes of this section, any designated smoking outpost:

1. Must be located the greatest distance practicable, but at least 20 feet away, from an opening, or an entrance or exit, to an enclosed area;

2. Must measure 50 square feet or less in total area;

3. Must not be combined or merged with another on-site smoking outpost;

4. Must not be located within 20 feet of any place where food or beverage is being prepared or sold;

5. Must have a clearly marked perimeter;

6. Must not be located within 200 feet of another designated smoking outpost;

7. Must be identified by one or more conspicuously posted signs; and

8. Must have at least one smoker's waste receptacle.

(Ord. 337 § 1, 2009; Ord. 466 § 2, 2020)

Notwithstanding the provisions of Section 12.08.020(A), it is unlawful to smoke in any public park, any open space, any public beach or any area of the Malibu Pier not designated for smoking within the city of Malibu. For the purpose of this section, "beach" shall not include parking lots or roadways.

(Ord. 466 § 2, 2020)

In addition to any other criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.

(Ord. 337 § 1, 2009; Ord. 466 § 2, 2020)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws.

(Ord. 466 § 2, 2020)