Monte Sereno Municipal Code Ch. 6.18 Smoking Regulations

Footnotes:

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Editor's note— Ord. No. NS-224, § 1, adopted Sept. 1, 2020, amended Ch. 6.18 in its entirety to read as herein set out. Former Ch. 6.18, §§ 6.18.010—6.18.050, was entitled "Smoking in Public Places," and derived from Ord. No. NS-201, § 1, adopted Mar. 1, 2016.

A. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are minors, elderly people, pregnant women, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Additionally, studies have found a number of dangerous chemicals in electronic smoking devices emissions and cartridge contents. At least ten (10) chemicals listed as carcinogens and reproductive toxins have been identified in mainstream or secondhand electronic smoking device aerosol.

B. Health hazards induced by breathing secondhand smoke/e-cigarette vapor and being in smoking environments include lung cancer, heart disease, respiratory infection, decreased respiratory function, birth defects, bronchoconstriction, and bronchi-spasm.

C. Accordingly, the City Council finds and declares that the purposes of this Chapter are: (1) to protect the public health and welfare by prohibiting smoking on public property and multiunit residences; and (2) to guarantee the right of nonsmokers to breathe smoke-free and non-toxic air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

(Ord. No. NS-201, § 1, 3-1-2016; Ord. No. NS-224, § 1, 9-1-2020)

For the purposes of this Section, the following definitions shall apply:

A. "Common Area" means any Enclosed Area or Unenclosed Area of a Multiunit Residence that residents of more than one (1) Unit of that Multiunit Residence are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.

B. "Electronic smoking device" means electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of vapors including nicotine or other substances, including cannabis. "Electronic smoking device" includes any such electronic smoking devices, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of diseases.

C. "Enclosed Area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that, regardless of whether it has vents or other openings, has either:

(1) Any type of overhead cover, and at least three (3) walls or other vertical constraints to airflow; or

(2) Four (4) walls or other vertical constraints to airflow.

D. "Multiunit Residence" means property containing two (2) or more Units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. Multiunit Residences do not include a single-family home, whether it includes an attached or detached accessory dwelling unit or junior accessory dwelling unit, except such property is used as a health care facility subject to licensing requirements under state law.

E. "Public property" means any property owned, leased, or operated by the City of Monte Sereno.

F. "Smoking" means and includes: (1) the act of inhaling/exhaling, burning or carrying any lighted tobacco product or by-product including cigarettes, cigars, pipes that burn tobacco or any other plant material, including cannabis; or (2) Operating using an electronic smoking device or any other cannabis or nicotine delivery product.

G. "Unenclosed Area" means any area that is not an Enclosed Area.

H. "Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes but is not limited to, an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy ("SRO") facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit.

(Ord. No. NS-201, § 1, 3-1-2016; Ord. No. NS-224, § 1, 9-1-2020)

A. Smoking is prohibited in the following enclosed areas, except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law shall apply:

1. All public property; and

2. Multiunit residences, including common areas.

B. Smoking is prohibited in the following unenclosed areas, except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law shall apply:

1. All public property; and

2. Common areas of multiunit residences, except that a person with legal control over a Multiunit Residence, such as a landlord or homeowners' association, may allow a portion of the common area to be designated as a smoking area by obtaining a permit from the City Manager or designee. The City Manager or designee shall only issue a permit for a designated smoking area if the area shall meet all of the following requirements:

(i) Must be located at least twenty-five (25) feet from any enclosed area where smoking is prohibited; and

(ii) Must not include, and must be at least twenty-five (25) feet from any unenclosed area primarily used by children including, but not limited to, areas improved or designated for play or swimming; and

(iii) Must have a clearly marked perimeter and be identified by conspicuous signs; and

(iv) Must be at least twenty-five (25) feet from the property line with any property adjacent to the multiunit residence.

A permittee shall abide by the above requirements at all times, and a permit for a designated smoking area issued under this subsection shall be subject to revocation by the City Manager for violating the above requirements, upon notice to the permittee. The permittee shall have the right to request a hearing before the City Manager to contest the revocation by submission of a written request within fifteen (15) days of the mailing of notice. The decision of the City Manager to revoke a permit shall be the final decision of the City.

C. Nothing in this Chapter shall be interpreted to diminish the authority of any person with legal control over any property from further restricting or prohibiting smoking on any such part of such property, even if smoking is not otherwise prohibited by this Chapter.

(Ord. No. NS-201, § 1, 3-1-2016; Ord. No. NS-224, § 1, 9-1-2020)

No smoking signs shall be clearly and conspicuously posted in every building or other place where smoking is regulated by this Section, by the owner, operator, manager or other person having control of such building or other place.

(Ord. No. NS-201, § 1, 3-1-2016; Ord. No. NS-224, § 1, 9-1-2020)

A. Any person, who violates this Section by failing to post signs or failing to establish policies and procedures, is guilty of a violation of the City Municipal Code and subject to a civil penalty of One Hundred Dollars ($100.00) and the cost of enforcing this Section which shall include all costs, staff and attorney time. Such persons shall be deemed to have committed a separate offense for each and every day during any portion of which any violation of this Section is committed or permitted.

B. Any person who smokes where smoking is prohibited when signs are posted in the required manner is guilty of an infraction.

(Ord. No. NS-201, § 1, 3-1-2016; Ord. No. NS-224, § 1, 9-1-2020)