Paso Robles Municipal Code Ch. 9.41 Smoking Prohibited in Public Places

Footnotes:

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Editor's note— Ord. No. 1039 N.S., § 2, adopted February 21, 2017, repealed ch. 9.41, §§ 9.41.010—9.41.050, in its entirety; and enacted a new ch. 9.41, to read as set out herein. Former ch. 9.41 pertained to "Smoking Prohibited in Certain Areas," and was derived from Ord. No. 555 N.S. § 1(part), adopted 1988.

Because smoking is a positive danger to health, a cause of material discomfort, and a health hazard even to those exposed to secondhand smoke, the declared purposes of this chapter are to:

A. Promote the public health, safety and welfare by prohibiting smoking, expressly including the smoking of marijuana or marijuana products, in certain areas which are used by or open to the public;

B. Ensure a cleaner and more hygienic environment for the city, its residents, visitors, and natural resources; and

C. Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children, to breathe smoke-free and drug-free air, recognizing the threat to public health and the environment caused by smoking and unwelcome secondhand smoke.

(Ord. No. 1039 N.S., § 2, 2-21-2017)

For purposes of this chapter, the following definitions shall govern unless the context clearly requires otherwise:

"E-Cigarette" means any electronic oral device, such as one composed of a heating element, battery and/or electronic circuit, which provides a vapor of nicotine or any other substances, including marijuana or marijuana products, and the use or inhalation of which simulates smoking. E-Cigarette shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, hookah pen, or any other similar product name or descriptor.

"Enclosed place" 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, or any space open to the sky but having more than seventy-five percent of its perimeter area walled in or otherwise closed to the outside, such as a courtyard or the walled-in patio of a dining establishment.

"Smoking" means inhaling, exhaling, burning or carrying any lighted cigarette, e-cigarette, cigar, pipe, weed, plant, or other combustible substance in any manner or in any form, including smoking of marijuana or marijuana products.

(Ord. No. 1039 N.S., § 2, 2-21-2017)

Smoking shall be prohibited in the following places:

A. Within all city-owned, leased, or operated buildings, including meeting facilities and the library conference room/city council chamber;

B. Within all places of employment, in accordance with California Labor Code Section 6404.5, as may be amended;

C. Within all enclosed places, whether publicly- or privately-owned and regardless of any applicable fee or age requirement, that are available and open to the general public, including but not limited to parking garages, bars, restaurants, cafes, outdoor dining patios or courtyards, clubs, stores, arenas, taxis and buses;

D. At all outdoor public events, including but not limited to sports events, speaking performances, ceremonies, pageants, fairs, and other entertainment events open to the public;

E. In or upon any city park or playground, city sports facility, or city trail area;

F. Within twenty feet of the entrance or exit of any commercial establishment open to the general public; and

G. In common areas of multi-unit residential buildings, including halls, lobbies, outdoor eating areas, play and swimming areas.

(Ord. No. 1039 N.S., § 2, 2-21-2017)

In addition to all those places where smoking is prohibited, smoking marijuana or marijuana products is additionally prohibited in the following places:

A. In or upon all property owned, leased, or operated by the city, expressly including any public park, street, sidewalk, trail, bike path, alley, highway, parking lot, or parking structure;

B. Within one thousand feet of a school, day care center, or youth center while children are present at such a school, day care center, or youth center, except in or upon the grounds of a private residence if such smoking is not detectable by others on the grounds of such a school, day care center, or youth center while children are present;

C. In or upon the grounds of a school, day care center, or youth center while children are present; and

D. While driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

(Ord. No. 1039 N.S., § 2, 2-21-2017)

Signs which designate smoking or nonsmoking areas established by this chapter shall be conspicuously posted in every room, building or other place covered 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.

(Ord. No. 1039 N.S., § 2, 2-21-2017)

The city manager or his designated representative shall be responsible for enforcing compliance with this chapter.

(Ord. No. 1039 N.S., § 2, 2-21-2017)

Any person who violates any provision of this chapter, including an owner, operator or manager of any facility or business within the purview of this chapter who fails to post required signs or who knowingly permits any person to violate this chapter while within such facility or business, is guilty of an infraction, and is subject to punishment as provided for in Chapter 1.02 (Penalties) or as provided for in Chapter 1.03 (Administrative Citation).

(Ord. No. 1039 N.S., § 2, 2-21-2017)