Manhattan Beach Municipal Code Ch. 4.116 Regulation of Smoking in Public Places and Places of Employment

Footnotes:

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Editor's note— Ord. No. 14-0008, § 2, adopted June 17, 2014, in effect repealed the former Chapter 4.116, §§ 4.116.010—4.116.060, and enacted a new Chapter 4.116 as set out herein. The former Chapter 4.116 pertained to regulation of smoking in public areas and places of employment and derived from Ord. No. 1753, effective July 16, 1987 and Ord. No. 1907, amended June 16, 1994.

The provisions of this chapter, along with the separate provisions in Title 12 (prohibiting smoking in parks, at the beach, on the Strand, and on the Valley Ardmore Greenbelt), are intended to establish a comprehensive citywide ban on smoking, with the limited exceptions set forth in this chapter. This chapter shall be interpreted in a manner supplementary to and consistent with California Labor Code Section 6404.5 and California Health and Safety Code Sections 104495 and 118875, et seq., as amended, and in all cases of conflict between this chapter and any state law, the applicable state law provision shall prevail.

(§ 2, Ord. 14-0008, eff. July 18, 2014)

The following definitions shall govern construction of this chapter, unless the context clearly requires otherwise:

A. "Employee" means any person who is employed by, or retained as an independent contractor by, any Employer, or any person who volunteers his or her services for a business or Employer.

B. "Employer" means any person, partnership, corporation, association, nonprofit or other entity who or which employs or retains the service of one or more Employees.

C. "Place of employment" means any area under the legal or de facto control of an employer that an employee or the general public may enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, and any private residences subject to state licensing requirements that are used as child-care or health-care facilities.

D. "Public place" means any public place, or any private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, plazas, bars, restaurants, clubs, stores, stadiums, farmers' markets, bus shelters, ATM or ticket lines, theaters, parking lots, parks, playgrounds, taxis, and buses. This also shall include outdoor dining areas open to the general public.

E. "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.

F. "Smoking" means engaging in an act that generates smoke, such as, for example: Possessing a lighted pipe or a lighted hookah pipe; operating an 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.

(§ 2, Ord. 14-0008, eff. July 18, 2014)

A. Except as otherwise provided by this chapter or by state or federal law, smoking is prohibited in the following locations:

1. Public places;

2. Places of employment, including those regulated by California Labor Code Section 6404.5;

3. Any area within twenty feet (20') of any door, window, opening, or vent, into a public place, except for such areas on private residential property.

B. Smoking is permitted in the following locations within the City, unless otherwise provided by state or federal law or this Code:

1. Private residential property, other than those used as a child-care or health-care facility subject to State licensing requirements.

2. In up to twenty percent (20%) of guest rooms in any hotel or motel, if the hotel or motel permanently designates at least eighty percent (80%) of its guest rooms as nonsmoking rooms, appropriately signs non-smoking rooms and permanently removes ashtrays and matches from them. Smoking rooms shall be segregated from non-smoking rooms on separate floors, wings, or portions of either; smoking and non-smoking rooms shall not be interspersed. Nothing in this chapter shall require a hotel or motel to provide smoking rooms and the owner or operator of a hotel or motel may choose to prohibit smoking throughout the property.

3. Within a moving vehicle.

C. No person shall dispose of any smoking waste, including but not limited to any part of a cigarette, cigar, pipe, or tobacco product, in an area in which smoking is prohibited by this chapter or other law, except in specific receptacles designated by the City for smoking waste.

(§ 2, Ord. 14-0008, eff. July 18, 2014 as amended by § 3, Ord. 15-0019, eff. November 20, 2015)

A. No person shall knowingly permit smoking in an area under his, her, or its legal or de facto control where smoking is prohibited by this chapter or other law.

B. The person who has legal or de facto control of any public place or place of employment shall post a "no smoking" or "smoke free" sign, with letters of no less than one inch (1") 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), at the primary entrance to each public place or place of employment in which smoking is prohibited by this chapter. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.

(§ 2, Ord. 14-0008, eff. July 18, 2014)

Each separate violation of this chapter is an infraction punishable in accordance with Chapter 1.04 of this code.

(§ 2, Ord. 14-0008, eff. July 18, 2014)