Petaluma Municipal Code Ch. 8.20 Regulation of Smoking

This chapter shall be entitled "Regulation of Smoking." (Ord. 2449 NCS §1, 2013.)

The council of the city of Petaluma hereby Nnds that:

A. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

B. Reliable studies, including a June 27, 2007, report by the Surgeon General of the United States entitled "The

Health Consequences of Involuntary Exposure to Tobacco Smoke," have shown that secondhand smoke is a

signiNcant health hazard, particularly to elderly people; individuals with cardiovascular disease; individuals with

impaired respiratory function, including asthmatics and those with obstructive airway disease; and to children who

suQer increased risk of sudden infant death syndrome, asthma attacks and respiratory and ear infections when

exposed to secondhand smoke; and

C. Since 1992, the United States Environmental Protection Agency ("EPA") has classiNed secondhand smoke as a

Class A carcinogen; and

D. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection,

decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm; and

E. The adverse eQects of secondhand smoke on persons who suQer adverse health eQects from breathing

secondhand smoke may cause a loss of job productivity, increased absences and use of sick leave and increased

costs of providing employee health services; and

F. According to a 2011 University of California Los Angeles study, smoke-free regulations in multi-unit apartment

buildings could save property owners substantial sums in the cost of cleaning apartments vacated by tenants who

smoke; and

G. According to the EPA and the Surgeon General, there is no safe level of exposure to secondhand smoke; and

H. Most cigarette Nlters are made of cellulose acetate, do not biodegrade and form a portion of trash collected

from city streets and other public places; and

I. In order to reduce addiction to tobacco products by children and teens, and control sales of tobacco products

to minors, it is in the public interest to prohibit self-service sales, prohibit tobacco vending machines in areas

accessible to minors and require warning signs requiring proof of legal age to purchase tobacco at point of

purchase.

The purpose of this chapter is to protect the public health, safety and welfare, regarding the public health hazards

relating to secondhand smoke and access of minors to tobacco products and cigarettes. It is within the city’s

authority under its police power to implement and enforce the provisions of this chapter. (Ord. 2449 NCS §1,

2013.)

The following words and phrases, whenever used in this chapter, shall be construed as deNned in this section,

unless it is apparent from the context that they have a diQerent meaning:

A. "Administrative authority" means the city manager or his/her designee authorized by Section 8.20.130 and/or

other provision of this chapter to enforce the provisions of this chapter.

B. "Bar" means a separate establishment, or a room in a restaurant physically separated by full walls from the

rest of the restaurant, which is devoted to the serving of alcoholic beverages for consumption by patrons on the

premises, in which no person under the age of eighteen years is allowed to enter except to travel to restroom

facilities or a non-bar portion of a restaurant and which is separately ventilated from any other area. The bar area

must not be the sole waiting area nor the sole entrance to the restaurant for dining patrons. The term "bar"

excludes the restaurant dining area.

C. "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for

proNt-making purposes, including retail establishments that sell goods or services as well as professional corporations and other entities that deliver legal, medical, dental, engineering, architectural or other professional

services.

D. "Child care facilities" means any family day care home regulated by Sections 1597.30 through 1597.621 of the

California Health and Safety Code and any day care center for children regulated by Section 1596.90 et seq. of the

California Health and Safety Code. It does not include a foster home or residential child care facility.

E. "Cigarette" means cigarettes as deNned in Revenue and Taxation Code Section 30003, as it may be

subsequently amended or superseded.

F. "City" means the city of Petaluma, county of Sonoma, state of California.

G. "City manager" means the city manager of the city of Petaluma.

H. "Common area" for purposes of this chapter means:

1. Every indoor or outdoor area of a multifamily residence which resident(s) of more than one unit are

entitled to enter and/or use, including but not limited to halls, pathways, lobbies, courtyards, elevators, stairs,

community rooms, playgrounds, gym or health facilities, swimming pools, parking garages, parking lots,

outdoor facilities, shared balconies or porches, shared restrooms, shared laundry rooms, shared cooking

facilities and shared eating areas.

2. Every indoor or outdoor area of a commercial condominium, business incubator, shopping center, or

other commercial real property or business which owners, employees and/or the public are entitled or invited

to enter and/or use as shared space or facilities, including but not limited to halls, walkways, paths, lobbies,

courtyards, elevators, stairs, community or conference rooms, outdoor facilities, gyms or health facilities,

swimming pools, parking lots, parking garages and/or shared restrooms.

I. "Designated smoking area" means an area meeting the requirements of Section 8.20.090 in which smoking is

permitted, as designated by an employer, landlord or other person with legal control of the premises.

J. "Dining area" means any area, including streets and sidewalks, that is available to or commonly used by the

general public or an employee and which is designated, established or regularly used for the consumption of food

or drink.

K. "Duplex" for purposes of this chapter means one structure on a single lot containing two dwelling units with a

shared wall, each of which is functionally separate from the other.

L. "E-cigarette" or "electronic cigarette" means a battery operated device with a cartridge Nlled with nicotine,

Oavor and other chemicals and/or pharmaceuticals which emits aerosol or vapor.

M. "Employee" for the purposes of this chapter means any person who is employed by an employer in

consideration for direct or indirect monetary wages or proNt, any person who volunteers his or her services for a

nonproNt entity and any unpaid interns, volunteers or other persons performing services for a business.

N. "Employer," for the purposes of this chapter, means any person, partnership or corporation, including a

municipal corporation, or nonproNt entity that employs the services of one or more individual person and/or

receives work or services from an "employee," as deNned herein, whether paid or unpaid.

O. "Enclosed area" or "enclosed" means surrounded by a ceiling, Ooor, and solid walls which, except for doors,

passageways, and/or windows, extend from Ooor to ceiling on all sides.

P. "Landlord" means any person who owns property let for residential use, any person who lets residential

property and any person who manages such property, except that "landlord" does not include a tenant who

sublets a unit so long as the tenant-sublessor sublets only a single unit of a multifamily residence.

Q. "Multifamily residence" for purposes of this chapter means residential property containing three or more

units with one or more shared walls, Ooors or ceilings, including but not limited to rental complexes, apartments,

residential cooperatives, condominium complexes, senior citizen residences, assisted living complexes and skilled

nursing facilities. "Multifamily residence" does not include:

1. A hotel or motel that meets the requirements in Civil Code Section 1940(b)(2);

2. A mobilehome park;

3. A campground;

4. A marina or port;

5. A single-family residence;

6. A single-family home with a detached in-law or second unit when permitted pursuant to local ordinance

and/or applicable state law.

R. "New unit" means a multifamily unit that is issued a certiNcate of occupancy or Nnal inspection on or after

August 1, 2013, and also a unit that is leased or rented for the Nrst time on or after August 1, 2013.

S. "NonproNt entity" means any corporation, unincorporated association or other entity created for charitable,

philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the

operations of which are committed to the promotion of the objectives or purposes of the entity and not to private

gain. A public agency is not a nonproNt entity within the meaning of this section.

T. "Open space" means any lot or area of land or water essentially or partially unimproved and set aside,

dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners

and occupants of land adjoining or neighboring such open space.

U. "Person" means any individual, partnership, cooperative association, private corporation, personal

representative, receiver, trustee, assignee, or any other legal entity.

V. "Place of employment" means any enclosed area under the control of a public, nonproNt or private employer

which employees normally frequent during the course of employment, including, but not limited to, work areas,

employee lounges and restrooms, conference and classrooms, vehicles, taxis, employee cafeterias or eating places, and hallways. A private residence is not a place of employment for purposes of this chapter, unless it is

used as a child care or health care facility or unless it is used for a permitted home occupation having one or more

employees or which is visited by members of the public twice a month or more.

W. "Public event" means an event which is open to and may be attended by the general public, including but not

limited to such events as farmers’ markets, parades, craft fairs, festivals, concerts, performances or other

exhibitions, regardless of any fee or age requirement.

X. "Public place" means any place, publicly or privately owned, which is open to the general public regardless of

any fee or age requirement.

Y. "Recreation area" means any area that is publicly or privately owned and open to the general public for

recreational purposes, regardless of any fee or age requirement. The term "recreation area" includes, but is not

limited to, parks, picnic areas, playgrounds, sports Nelds and courts, golf courses, walking paths, gardens, hiking

trails, bike paths, horseback riding trails, swimming pools, spas, roller- and ice-skating rinks, skateboard parks,

amusement parks, sports arenas, and beaches.

Z. "Restaurant" means any coQee shop, cafeteria, sandwich stand, private and public school cafeteria, and any

other eating establishment which gives or oQers for sale food to the public, guests, or employees as well as

kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that

the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as

deNned herein.

AA. "Self-service merchandising" means open display of tobacco products and point-of-sale tobacco promotional

products that the public has access to without the intervention of an employee.

BB. "Separately ventilated" means equipped with a separate heating, ventilation and air conditioning (HVAC)

system from the rest of a building and which has direct external exhaust. The separately ventilated area must also

be slightly negatively pressurized to prevent intrusion of smoke into nonsmoking areas.

CC. "Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed

to be used or is regularly used by one or more persons to wait for or receive a service or make a transaction,

whether or not such service or transaction involves the exchange of money. The term "service area" includes all

bus stops and other facilities of the Petaluma Transit System.

DD. "Smoke" means the gases and particles released into the air by combustion when the apparent or usual

purpose of the combustion is human inhalation of the resulting combustion products, including but not limited to

tobacco smoke, cigarette smoke and aerosol or vapor released by the ignition of e-cigarettes. "Smoke" does not

include the product of combustion of incense or similar products when used solely for olfactory purposes and not

containing tobacco or nicotine.

EE. "Smoking" means engaging in an act that generates smoke, including but not limited to lighting or possession

of a lighted pipe, cigar, cigarette, or hookah water pipe, an operating e-cigarette or a lighted smoke inhalation

device of any kind that generates smoke of any kind, from tobacco or any other weed or plant.

FF. "Sports arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas, boxing arenas,

swimming pools, roller and ice rinks, bowling alleys, pool halls, and other similar places where members of the

general public assemble to engage in physical exercise, participate in athletic competition, or witness sports

events.

GG. "Tobacco products" means tobacco products as deNned in Revenue and Taxation Code Section 30121(b), as

it may be subsequently amended or superseded, including but not limited to all forms of cigars, smoking tobacco,

chewing tobacco, snuQ, and any other articles or products made of or containing at least Nfty percent tobacco, but

does not include cigarettes.

HH. "Tobacco promotional products" means baseball caps, T-shirts, gym bags, coQee mugs, sunglasses, jackets

and other items which have tobacco and/or cigarette advertising logos, images, characters, messages and themes

printed on them.

II. "Tobacco retailer" means any business, person or governmental entity that operates a store, stand, booth,

concession, or other place at which sales of tobacco products and/or cigarettes are made to purchasers for

consumption or use.

JJ. "Tobacco retail store" means a tobacco store as deNned in Business and Professions Code Section 22962, as it

may be subsequently amended or superseded.

KK. "Unenclosed area" means any area that is not an enclosed area, as deNned in this section.

LL. "Unit" for the purpose of this chapter means a personal dwelling space, including those lacking cooking

facilities or private plumbing facilities, and includes any associated exclusive 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 mobilehome; a

camper vehicle or tent; a single-family home; and an in-law or second unit.

MM. "Vendor-assisted" means a store where only an employee has access to the tobacco product, assists the

customer by supplying the product, and the customer does not take possession of the product until it is

purchased.

(Ord. 2449 NCS §1, 2013.)

and certain other areas.

A. Enclosed Areas. Smoking is prohibited in the enclosed areas of the following places within the city except in

places listed in subsection C of this section, and except in such places in which smoking is already prohibited by

state or federal law, in which case the state or federal law applies:

1. Places of employment.

2. Public places, other than bars as deNned in this chapter.

3. Recreation areas.

4. Common areas.

5. Duplexes and multifamily residences, as provided in Section 8.20.050.

6. Hotels, motels and other temporary lodging.

B. Unenclosed Areas. Smoking is prohibited in the unenclosed areas of the following places within the city limits

of the city except in such places in which smoking is already prohibited by state or federal law, in which case the

state or federal law applies:

1. Public places, including public plazas.

2. Within twenty feet of a working road or building and construction crew.

3. Recreation areas.

4. Open space.

5. Service areas.

6. Dining areas.

7. Common areas; provided, that a person with legal control over a common area may designate a portion

of the unenclosed area of the common area as a designated smoking area if the area meets all of the criteria

set out in Section 8.20.090.

8. Public events; provided, that the event sponsor may designate a portion of the unenclosed area of the

public place being used for the event as a designated smoking area if the designated smoking area is at least

twenty feet from any portion of the public place established for the preparation, service or consumption of

food or drink, and at least one hundred feet from any portion of the public place established as a play area

for children or a place to gather to witness a concert or similar exhibition; and provided further, that smoking

is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular

thoroughfares, unless otherwise prohibited by this chapter or other law.

C. Unless otherwise prohibited by law, smoking is not prohibited in the following enclosed areas:

1. At theatrical production sites, as part of the production and not by members of the audience.

2. Inside a detached, single-family home unless the home is used as a family day care home, a child care or

health care facility licensed by the state of California and/or for a home occupation which has employees and/

or is visited twice a month or more by members of the public.

3. Inside private vehicles.

D. Notwithstanding any other provisions of this section, nothing in this chapter prohibits any person, landlord,

employer, or non-proNt entity with legal control over any property or facility from declaring the entire property or

facility as nonsmoking and prohibiting smoking on any part of such property or facility, even if smoking is not

otherwise prohibited in that area.

(Ord. 2799 NCS §3, 2021; Ord. 2449 NCS §1, 2013.)

multifamily residences.

A. All new units of a duplex or multifamily residence are hereby designated nonsmoking units, including any

associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck,

or patio.

B. All units of a duplex or multifamily residence that are not new units, including any associated exclusive-use

enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio, are hereby

designated nonsmoking units as of January 1, 2014.

C. Smoking in a designated nonsmoking unit is a violation of this chapter.

(Ord. 2449 NCS §1, 2013.)

A. Smoking in enclosed common areas is prohibited.

B. Smoking in an unenclosed common area on or after August 1, 2013, other than in a designated smoking area

established pursuant to Section 8.20.090, is prohibited.

(Ord. 2449 NCS §1, 2013.)

A. In all unenclosed areas where smoking is otherwise permitted, smoking shall nevertheless be prohibited

within twenty feet from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is

prohibited, except while en route to another destination.

B. In all unenclosed areas where smoking is otherwise permitted, smoking shall nevertheless be prohibited

within twenty feet from any unenclosed areas in which smoking is prohibited by this chapter, except while actively

passing on the way to another destination.

C. The prohibitions in subsections A and B of this section shall not apply to unenclosed areas of private

residential properties that are not duplexes or multifamily residences.

D. Smoking is prohibited in unenclosed areas of a duplex or multifamily unit including exclusive-use areas such

as balconies, porches, decks, and patios which are within twenty feet from any doorway, window, opening, or

other vent into an enclosed or unenclosed area where smoking is prohibited by this chapter or other law, or by

binding agreement relating to the ownership, occupancy, or use of real property, or by designation of a person

with legal control over the property.

(Ord. 2449 NCS §1, 2013.)

units in duplexes and multifamily residences.

A. Every lease or other rental agreement for the occupancy of a new unit in a duplex or multifamily residence

entered into, renewed, or continued month-to-month after August 1, 2013, and in an existing unit in a duplex or

multifamily unit entered into, renewed or continued month-to-month after January 1, 2014, shall include the terms

that provide as follows, on the earliest possible date when such an amendment is allowable by law when providing

the minimum legal notice.

1. As of August 1, 2013, for new units and as of January 1, 2014, for existing units, it is a material breach of

the agreement to allow or engage in smoking in the unit, including exclusive-use areas such as balconies,

porches and patios. Such a clause might state:

"It is a material breach of this agreement for tenant or any other person subject to the control of the

tenant or present by invitation or permission of the tenant to engage in smoking in the unit,

including exclusive use areas such as balconies, porches and patios, [as of August 1, 2013 [for new

units] or as of January 1, 2014 [for existing units].]"

2. It is a material breach of the agreement for tenant or any other person subject to the control of the

tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the

property other than in a designated outdoor smoking area. Such a clause might state:

"It is a material breach of this agreement for tenant or any other person subject to the control of the

tenant or present by invitation or permission of the tenant to engage in smoking in any common

area of the property, except in an outdoor designated smoking area, if one exists."

3. It is a material breach of the agreement for new units entered into, renewed or continued month-to-

month after August 1, 2013, or for existing units entered into, renewed or continued month-to-month after

January 1, 2014, for tenant or any other person subject to the control of the tenant or present by invitation or

permission of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause

might state:

"It is a material breach of this agreement for tenant or any other person subject to the control of the

tenant or present by invitation or permission of the tenant to violate any law regulating smoking

while anywhere on the property."

4. All occupants of a multifamily residence shall be third-party beneNciaries of the smoking provisions of

the agreement. Such a clause might state:

"Other occupants of the property are third-party beneNciaries of those provisions in this agreement

that concern smoking. As such, other occupants of the property may seek to enforce such

provisions by any lawful means, including by bringing a civil action in a court of law."

B. Whether or not a landlord complies with subsections (A)(1) through (A)(3) of this section, the clauses required

by those subsections shall be incorporated by operation of law into every agreement to which subsections (A)(1)

through (A)(3) of this section apply and shall become eQective as of the earliest possible date on which the

landlord could have made the insertions pursuant to subsections (A)(1) through (A)(3) of this section.

C. A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit

in a duplex or multifamily residence, or who knowingly permits any other person subject to the control of the

tenant or present by invitation or permission of the tenant, shall be liable for the breach to:

1. The landlord; and

2. Any occupant of the premises who is exposed to smoke or who suQers damages as a result of the

breach.

D. Failure to enforce any smoking provision required by this chapter shall not aQect the right to enforce such

provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver

of the provision itself.

(Ord. 2449 NCS §1, 2013.)

Multifamily residences, duplexes, places of employment, city owned or controlled public places, and public events

may designate an outdoor area where smoking is permitted if the area meets all of the following criteria:

A. The area is located at least twenty feet from any unit, enclosed area or common area where smoking is

prohibited by this chapter or other law, by binding agreement relating to the ownership, occupancy, or use of real

property, or by designation of a person with legal control over the premises. A designated smoking area may

require modiNcation or elimination as laws change, as binding agreements are created, and as nonsmoking areas

on neighboring premises are established;

B. The area does not include, and is at least one hundred feet from, unenclosed areas primarily used by children

and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds,

swimming pools, and school campuses;

C. The area includes no more than ten percent of the total unenclosed area of the multifamily residence for

which it is designated;

D. The area has a clearly marked perimeter;

E. The area is identiNed by conspicuous signs;

F. The area is completely within an unenclosed area;

G. The area does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by

this chapter or other provisions of this code, state or federal law; and

H. Notwithstanding anything in this section to the contrary, the administrative authority may in its discretion

establish a designated smoking area in any appropriate location in or on any city owned or operated public place.

(Ord. 2449 NCS §1, 2013.)

A. No person, landlord, or employer shall knowingly permit smoking in an area which is under his or her legal or

de facto control and in which smoking is prohibited by this chapter, unless otherwise required by state or federal

law.

B. Chapter 8.12 of this code and Penal Code Section 374 prohibit littering citywide.

C. A person, landlord, or employer who has legal or de facto control of premises in which smoking is prohibited

by this chapter shall post on those premises a clear, conspicuous and unambiguous "No Smoking" or "Smoke-free"

sign at eye level at each point of ingress to the area where smoking is prohibited, and in at least one other

conspicuous point within that area. "No Smoking" signs are not required inside or at doorways of designated

nonsmoking units, except in hotel or motel guestrooms. The signs shall not exceed Nve square feet in area; shall

have letters of no less than one inch in height and shall include the international "No Smoking" symbol (consisting

of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on

the exterior of buildings to comply with this section shall include any buQer zone requirement set forth in Section

At least one sign with the phone number to which complaints can be directed must be conspicuously posted in each place in which smoking is prohibited. For purposes of this section, the administrative authority

shall be responsible for the posting of signs required in facilities owned or leased in whole or in part by the city, in

such locations as may be determined by and in the sole discretion of the administrative authority.

Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in

violation of any other provision of this chapter.

D. No person, landlord, or employer shall intimidate, threaten any reprisal, or eQect any reprisal, for the purpose

of retaliating against another person who seeks to attain compliance with this chapter.

(Ord. 2449 NCS §1, 2013.)

A. Each employer, as deNned in this chapter, having an enclosed place of employment located within the city

and not otherwise exempt from this chapter shall adopt, implement, make known and maintain a written smoking

policy which complies with the requirements of this chapter, including but not limited to written notiNcation of

prohibited smoking areas.

B. The written smoking policy shall be communicated to all employees at least annually, and all employers shall

supply a written copy of the smoking policy to all existing employees and to prospective or new employees at the

time of hiring.

(Ord. 2449 NCS §1, 2013.)

1 Editor’s Note: Former Section 8.20.120; pertaining to manner of sale of tobacco products and cigarettes;

previously codiNed herein and containing portions of Ord. No. 2449, was repealed in its entirety by Ord. No.

A. Any owner, manager, operator or employer of any establishment subject to this chapter shall have the

responsibility to inform any apparent violator, whether public or employee, about any smoking restrictions in said

establishment.

B. Enforcement of this chapter shall be the responsibility of the city manager or his/her designee, herein

described as "administrative authority."

C. The administrative authority may require, while an establishment is undergoing otherwise mandated

inspections, a certiNcation from the owner, manager, operator or other person having control of such

establishment that all requirements of this chapter have been complied with.

D. Any citizen who desires to register a complaint under this chapter may initiate the complaint with the

administrative authority. Investigation and enforcement pursuant to any such complaint shall be within the

discretion of the administrative authority.

E. Smoking in any area where smoking is prohibited by this chapter and any other violation of this chapter shall

be, and is hereby declared to be, unlawful and a public nuisance, and provisions of this chapter shall be

enforceable pursuant to Chapters 1.10 through 1.16, or by any other judicial and administrative penalties and

remedies available to the city under applicable local, state or federal law. Each instance of smoking in violation of

this chapter shall constitute a separate violation. For violations other than prohibited smoking, each day of a

continuing violation of this chapter shall constitute a separate violation. The remedies provided by this chapter are

not intended to preclude any other remedy available at law or in equity.

(Ord. 2449 NCS §1, 2013.)

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or

applicant for employment because such employee or applicant exercises any rights aQorded by this chapter. (Ord.

2449 NCS §1, 2013.)

This chapter shall not be interpreted to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 2449 NCS §1, 2013.)

It is the intention of the city council that this chapter shall be liberally construed to accomplish its remedial

objectives and to be compatible with federal and state enactments. (Ord. 2449 NCS §1, 2013.)