Pismo Beach Municipal Code Ch. 8.14 Smoking in Public Places

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

"Enclosed" means all space between a floor and ceiling which is enclosed on three or more sides by solid walls or windows (exclusive of door- or passage-ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping, or similar structures.

"Open air dining area" means any unenclosed 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 or beverages are served, whether or not for compensation. This includes, without limitation, restaurants, restaurants at hotels and private clubs, cafés, and coffee shops.

"Place of employment" means any area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, conference and class rooms, employee cafeterias, employee lounges and restrooms, hallways, and work areas. A private residence is not a place of employment unless it is used as a childcare or health care facility.

"Public place" shall mean any enclosed or unenclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, public transportation and parking facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, waiting rooms, and recreation or meeting rooms in condominiums, apartments, housing developments and mobile home parks, to the extent not otherwise governed by or exempted from California Labor Code Section 6404.5 and California Health and Safety Code Section 118875, et seq. A private residence is not a "public place" unless it is used as a childcare or health care facility.

"Recreational area" means and includes any publicly owned or operated area that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks, piers, boardwalks, beaches, picnic areas, playgrounds, tot-lot sandbox areas, sports fields, walking paths, gardens, hiking trails, bike paths, parks or trails established by adverse uses, and parks on leased property.

"Service area" means any enclosed or unenclosed area where one or more persons wait for, receive or exchange goods or services of any kind, including without limitation lines or waiting areas for: (A) ATMs; (B) information kiosks; (C) banks; (D) restaurants and other food service establishments; (E) tickets and admission lines to a theater or other venue event; (F) car washes and vehicle service establishments; (G) bus stops or taxi stands; and (H) valet parking pick-up areas.

"Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, cannabis or other plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of a battery-powered or other 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. "Cannabis" shall have the same meaning as set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

"Unenclosed" means a predominantly outdoor area that does not meet the definition of "enclosed".

(Ord. O-2019-002 § 2 (part), 2019; Ord. 07-02 § 1 (part), 2007)

A. In addition to all places where smoking is prohibited under California or federal law, no person shall smoke in or on, and smoking areas shall not be established or designated in or on:

1. Open-air dining areas, or within twenty-five (25) feet of any open-air dining area.

2. Within fifty (50) feet of any entrance, exit, operable window, or air intake vent to any enclosed public place that is used as a health care facility, licensed child or adult care facility, or senior center, or within twenty-five (25) feet of any entrance, exit, operable window, or air intake vent to any other enclosed public place. For purposes of this subsection, entrance or exit shall mean an opening into an enclosed public place from a contiguous street, sidewalk, walkway, or parking area, and "air intake vent" shall mean an opening into an enclosed public place that draws in air from the outside as part of a structural ventilation system.

3. Public places when being used for a public event, including, but not limited to, farmers' markets, fairs, concerts, or other special events open to the general public.

• 4. Recreational areas, or within twenty-five (25) feet of any recreational area.
• 5. Service areas, or within twenty-five (25) feet of any service area.
• 6. Sidewalks on the following streets:

a. Any street in the Downtown Core Planning Area, to wit: that area of the city southwest of United States Highway 101 from and including the intersection of Dolliver and Price Streets on the northwest, to and including Addie Street, as extended from the Pacific Ocean to United States Highway 101, on the southeast.

b. Shell Beach Road.

c. Five Cities Drive.

7. Unenclosed places of employment.

B. No person shall dispose of smoking waste or place or maintain a receptacle for smoking waste in an area where smoking is prohibited by this chapter or other law, or within a distance of twenty-five (25) feet from an area where smoking is prohibited.

C. A person shall not intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

D. This section shall not apply to smoke generated by portable or fixed barbeques, nor smoke generated by the combustion of material containing no tobacco or nicotine where the purpose of such combustion is solely olfactory, such as smoke from incense.

E. This section shall not apply to smoking when part of a stage or theatrical production, although use of simulated smoking products is encouraged whenever possible.

(Ord. O-2019-002 § 2 (part), 2019; Ord. 07-02 § 1 (part), 2007)

Signs not less than eight (8) inches by ten (10) inches, stating "No Smoking" with letters of not less than one (1) inch in height, or depicting 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), shall be clearly and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place. (O-2019-002 § 2 (part), 2019)

A. A violation of this chapter is an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for a first violation of this chapter. Each subsequent violation within a one-year period shall be punished by a fine of five hundred dollars ($500). Violations of this chapter may alternatively be punished as administrative violations as provided in Chapter 1.24.

B. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.

C. Punishment under this chapter shall not preclude punishment pursuant to California Health & Safety Code Section 13002, California Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(O-2019-002 § 2 (part), 2019)