National City Municipal Code Ch. 9.37 Prohibition of Smoking in Open Air Dining Areas

A. "Enclosed" means any covered or partially covered space having more than fifty percent of its perimeter area walled in or otherwise closed to the outside, such as, a covered porch with more than two walls.

B. "Non-enclosed" means an open air area, typically outdoors, that does not meet the definition of "enclosed".

C. "Open air dining area" means any non-enclosed 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, patios, and coffee shops.

D. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

E. "Tobacco product" means any of the following:

1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

3. Any component, part, or accessory of a tobacco product, whether or not sold separately.

F. "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

(Ord. No. 2009-2318, 5-19-2009; Ord. No. 2018-2452, §§ 2, 3, 12-4-2018)

Smoking is prohibited in all open air dining areas located on private or public property, including the public right-of-way. In addition, smoking is prohibited within twenty feet of an open air dining area, except while actively passing on the way to another destination.

(Ord. No. 2009-2318, 5-19-2009)

This chapter may be enforced by any police officer, code conformance officer, building inspector, business license inspector, or fire inspector. In addition, the city manager may designate persons from any of the city's departments as having the authority to enforce this chapter.

(Ord. No. 2009-2318, 5-19-2009)

The city council declares that the invalidity of any section or portion of this ordinance or the chapter or sections of the chapter thereby adopted shall not affect the validity of any other remaining section or portion; that the council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance.

(Ord. No. 2009-2318, 5-19-2009)