Chapter 7.14 — SMOKING REGULATIONS FOR CITY FACILITIES AND CITY VEHICLES

The smoking of tobacco, or any other weed or plant, is a hazard to the health and safety of those who are exposed to the resulting smoke, and is also a material annoyance and discomfort to those persons. State law prohibits smoking in enclosed places of employment, within 20-feet of the entrance, exit or operable window of a public building and at playgrounds in public and private parks. In order to preserve public health, safety and welfare, the purpose of this chapter is to expand prohibition smoking of tobacco, or any weed or plant, in city vehicles. 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.

(Code 1972, § 7.14.010; Ord. No. 942, § 1(part), 1993; Ord. No. 1297, § 4(Exh.), 9-25-2013)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City facilities means an area owned or leased and occupied by the city to which the public or non-public is invited or permitted, including, but not limited to, civic center, parks, senior center, public works yard, library, etc.

Employee means a person who is employed by an employer in consideration, for direct or indirect monetary wages or profit, and a person who volunteers his services for a non-profit entity.

Employer means a person, business, partnership, association, corporation, including a municipal corporation, trust or nonprofit entity that employs the services of one or more individual persons.

Enclosed areas means all spaces between a floor and a ceiling that is bounded on at least two sides by walls, doorways or windows, whether open or closed. A wall includes any retractable divider, garage door or other physical barrier, whether temporary or permanent, including or excluding openings of any kind.

Minor means a person who is under 18 years of age.

Places of employment means areas under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices and vehicles.

Playground means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on city grounds.

Public building means a building owned and occupied, or leased and occupied by the city.

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, in any manner or in any form.

(Code 1972, § 7.14.020; Ord. No. 942, § 1(part), 1993; Ord. No. 1297, § 4(Exh.), 9-25-2013)

In accordance with this chapter, the following shall be adhered to:

(1)

Smoking shall be prohibited in all enclosed places open to the public at all city facilities and in city vehicles.

(2)

Smoking shall not be permitted within 20 feet from any playground.

(3)

Smoking shall not be permitted within 20 feet from any public building entrance or exit or operable window into an enclosed area.

(Code 1972, § 7.14.030; Ord. No. 942, § 1(part), 1993; Ord. No. 1297, § 4(Exh.), 9-25-2013)

"No Smoking" signs shall be clearly and conspicuously posted at each entrance to a public building within city facilities and city vehicles. The "No Smoking" signs shall consist of letters not less than one inch in height or the international "No Smoking" symbol (a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red bar) shall be conspicuously posted.

(Code 1972, § 7.14.040; Ord. No. 942, § 1(part), 1993; Ord. No. 1297, § 4(Exh.), 9-25-2013)

Any person who violates the provisions of this chapter shall be guilty of an infraction, punishable under chapter 1.16.

(Code 1972, § 7.14.050; Ord. No. 942, § 1(part), 1993; Ord. No. 1297, § 4(Exh.), 9-25-2013)