Marina Municipal Code Ch. 8.09 Smoke Free Public Place

Sections: Definitions.

8.09.020 8.09.030 8.09.040 8.09.050

Smoke free buffer zones. Tobacco waste. Enforcement. Violations and penalties.

For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise: A. “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. B. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. This shall not include inhalers or medical devices prescribed by a physician for medical purposes. C. “Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than fifty percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. D. “Multiunit residence” means property containing two or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities. E. “Outdoor dining area” means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink. F. “Person” means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity. G. “Public event areas” means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair, or festival. H. “Public place” means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including public squares, sidewalks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities. I. “Recreational area” means any publicly or privately owned area, including streets and sidewalks located within the area, that is 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, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, vernal ponds, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas. J. “Service area” means any publicly or privately owned area, including streets and sidewalks, designed to be used or is regularly used by one or more persons to receive a service, to wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or within twenty-five feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands. K. “Service lines” means an outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including, but not limited to, ATM lines, concert lines, food vendor lines, mobile vendor lines, movie ticket lines, and sporting event lines. L. “Smoke” or “smoking” means: (1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic; (2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah. M. “Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah, tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco, and any product or formulation of matter containing biologically active amounts of nicotine that is product or matter will be introduced into the human body. N. “Tobacco product waste” means any component, part, or remnant of any tobacco product. Tobacco product waste includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine. O. “Tobacco use” means the act of smoking or the consumption of any other tobacco product in any form. P. “Unenclosed area” means any area that is not an enclosed area. (Ord. 2023-10 § 2, 2023)

A. Smoking is prohibited in the unenclosed areas of the following places within the city: 1. Recreational areas; 2. Service areas; 3. Outdoor dining areas; 4. Public event areas;

Sidewalks; 6. Public places; B. Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking and tobacco use on any part of such property, even if smoking or tobacco use is not otherwise prohibited in that area. (Ord. 2023-10 § 2, 2023)

Smoking in all unenclosed areas shall be prohibited within twenty-five feet from any area in which smoking is prohibited under Section 8.09.020 or by any other law. This prohibition shall not apply to unenclosed areas of private residential properties that are not multiunit residences. (Ord. 2023-10 § 2, 2023)

A. No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking is prohibited by law, including within twenty-five feet from any area in which smoking is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this chapter. B. No person shall dispose of tobacco product waste within the boundaries of an area in which smoking is prohibited. (Ord. 2023-10 § 2, 2023)

A. No person shall permit smoking or tobacco use in an area that is under the control of that person and in which smoking, or tobacco use is prohibited by this article or any other law. B. Event organizers shall post at least five “no smoking” signs at an entrance to the event. Signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol and may be printed. A template of the no smoking sign will be included with the event application provided by the city. C. A person that has control of an area in which smoking, and tobacco use is prohibited by this chapter shall direct anyone who is smoking or using tobacco in violation of this chapter to extinguish the product being smoked or stop using the tobacco product. D. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter. (Ord. 2023-10 § 2, 2023)

Enforcement of these provisions shall be governed by Chapters 1.08, 1.10, and 1.12. Each instance of smoking or tobacco use in violation of this chapter shall be an infraction, and constitute a separate violation. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (Ord. 2023-10 § 2, 2023) 8.10.010 8.10.020