Redondo Beach Municipal Code Art. 1 Smoking in Public

"Designated smoking area"

means an area designated by a business where patrons or employees are permitted to smoke, as defined in this section.

"Electronic smoking device"

means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such device, whether or not sold separately. This definition includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor, including any component, part or accessory of such device, whether or not sold separately. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease, where such product is marketed and sold solely for such an approved purpose.

"Employee"

means any person who is employed by, or retained as an independent contractor by, any employer, or any person who volunteers his services for a business or employer.

"Employer"

means any person, partnership, corporation, association, nonprofit or other entity who or which employs or retains the service of one or more employees.

"Place of employment"

means any area under the legal or de facto control of an employer that an employee or the general public may enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, and any private residences subject to state licensing requirements that are used as child-care or health-care facilities.

"Public place"

means any public place, or any private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, plazas, bars, restaurants, clubs, stores, stadiums, farmers' markets, bus shelters, ATM or ticket lines, theaters, parking lots, parks, playgrounds, taxis, and buses. This also shall include outdoor dining areas open to the general public.

"School"

means any public school in the Redondo Beach Unified School District or private school within the City. The definition of school includes private schools which are privately owned schools offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California, providing for the education of children in kindergarten or grades 1 through 12 inclusive.

"Smoke"

means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

"Smoking"

means the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation.

"Tobacco product"

means:

(1)

Any 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, snuff, snus; and

(2)

Any electronic smoking device, with or without nicotine.

(§ 1, Ord. 3193 c.s., eff. November 14, 2019)

(a) Except as otherwise provided by this chapter or by State or Federal law, smoking is prohibited in the following locations:

(1) Public places;

(2) The interior of places of employment, including those regulated by California Labor Code Section 6404.5;

(3) Any area within twenty (20′) feet of any door, window, opening, or vent, into a public place.

(b) Smoking is permitted in the following locations within the City, unless otherwise provided by State or Federal law or this Code:

(1) Private residential property, other than those used as a child-care or healthcare facility subject to State licensing requirements;

(2) Within a moving vehicle;

(3) As provided in Section 5-9.105.

(c) No person shall dispose of any smoking waste, including, but not limited to, any part of a cigarette, cigar, pipe, or tobacco product, in an area in which smoking is prohibited by this chapter or other law, except in specific receptacles designated by the City for smoking waste.

(§ 2, Ord. 3193 c.s., eff. November 14, 2019)

(a) A business owner in the City, with the permission of the property owner or landlord, may request the creation of a designated smoking area to be located on their property. The business owner may make an application to the Community Development Department to create a designated smoking area which must comply with the following restrictions:

(1) The designated smoking area must be located completely within the business' property line;

(2) The designated smoking area must not be within five (5′) feet of any door, window, opening, or vent, into a public place or private residence;

(3) The employer must post a sign or signs outside the retail location that clearly, sufficiently and conspicuously informs the public that it is a designated smoking area. The signage must be compliant with Zoning Code Title 10, Chapter 2, Article 6 or Title 10, Chapter 5, Article 6, as applicable;

(4) The designated smoking area must contain appropriate trash receptacles for smoking;

(5) The designated smoking area can be created and be no more than 25% of the total outdoor area of the premises on which it is located;

(6) The designated smoking area may not include outdoor areas used by children; including, but not limited to, playgrounds and other areas improved or designated for play or swimming;

(7) The designated smoking area must have a clearly marked perimeter;

(8) The designated smoking area must be identified by conspicuous signs;

(9) If the requirements for the designated smoking area cannot be satisfied due to unique circumstance affecting a business or property, the City Manager or designee may approve a smoking area that meets the requirements of this section to the extent practicable. If in his or her judgment such an area cannot be designed, the City Manager or designee may determine that such a smoking area is not appropriate at a particular location and not designate a smoking area at that location.

(b) An approved designated smoking area will be issued a permit for the creation and maintenance of the area. Each designated smoking area permit shall be prominently displayed in a publicly visible place at the permitted location.

(c) A permit fee for the issuance and maintenance of a designated smoking area permit shall be set by resolution.

(§ 3, Ord. 3193 c.s., eff. November 14, 2019)

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

(§ 4, Ord. 3193 c.s., eff. November 14, 2019)

(a) Each separate violation of this chapter is an infraction punishable in accordance with Chapter 1-2.03 of this Code.

(b) The City Council declares that exposing other persons to second-hand smoke constitutes a public nuisance and may be remedied as such.

(c) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(§ 5, Ord. 3193 c.s., eff. November 14, 2019)

(a) Pursuant to California Civil Code Section 3501 et seq., any person injured by a violation of this chapter may bring a civil action to enforce this chapter by way of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a conditional judgment or an injunction.

(b) Notwithstanding any legal or equitable bar against a person seeking relief on its own behalf, a person may bring an action to enforce this chapter solely on behalf of the general public. When a person brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the person from bringing a subsequent action based upon the same facts but seeking relief on his, her or its own behalf.

(c) Nothing in this chapter prohibits a person from bringing a civil action in small claims court to enforce this chapter, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements of that court.

(§ 6, Ord. 3193 c.s., eff. November 14, 2019)

(a) Any person under the age of 21, who possess, or knowingly accepts or receives from any person, a tobacco product on the ground of a school is guilty of a public offense.

(b) Any person under the age of 21 who violates commits a noncriminal violation, punishable by:

(1) For a first violation, an offender must perform 16 hours of community service and attend a joint police department and school-approved anti-tobacco and nicotine program.

(2) For a second and subsequent violation(s), an offender must perform 24 hours of community service and attend a joint police department and school-approved antitobacco and nicotine program.

(§ 7, Ord. 3193 c.s., eff. November 14, 2019)