Redwood City Municipal Code Art. I In General

Footnotes:

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Editor's note— Ord. No. 2544, § 3(Exh. A), adopted Feb. 10, 2025, amended Art. I in its entirety to read as herein set out. Former Art. I, §§ 15.1—15.7, pertained to local smoking regulations, and derived from Ord. No. 1969, § 1, adopted June 20, 1988.

The Council hereby finds that:

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

B. Reliable studies have shown that breathing smoke exhaled or otherwise produced or caused by others ("secondhand smoke") is a significant health hazard, particularly for certain population groups, including elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;

C. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, bronchoconstriction and bronchospasm;

D. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to the same;

E. Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment; and

F. Smoking is a documented cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses.

G. Accordingly, the Council finds and declares that the purposes of this Chapter are to:

1. Protect the public health and welfare by prohibiting smoking in certain public places, except in designated smoking areas, and by regulating smoking in places of employment; and

2. Strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.

(Ord. No. 2544, § 3(Exh. A), 2-10-2025)

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:

ADJACENT UNENCLOSED PROPERTY: Means any unenclosed area of property, publicly or privately owned, that abuts a multi-unit residence but does not include property containing detached single-family homes.

BAR: An area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

BUSINESS: Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold or rendered, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

COMMON AREA: Every enclosed area and every unenclosed area in a multi-unit residence that residents of more than one (1) unit are entitled to enter or use, including, without limitation, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.

DISTINGUISHABLE: Perceivable by either the sense of smell or taste.

DISTRIBUTE or DISTRIBUTION: The transfer by any person other than a common carrier, at any point from the place of manufacture or thereafter, to a person who sells the electronic cigarette or other electronic smoking device.

ELECTRONIC CIGARETTE: Has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time.

ELECTRONIC SMOKING DEVICE: 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 a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, a vape pen or other vaping device, an electronic hookah, or any other product name or descriptor.

EMPLOYEE: Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

EMPLOYER: Any person, partnership, corporation or nonprofit entity, including a municipal corporation, who or which employs the services of one (1) or more persons.

ENCLOSED AREA: An area that has any type of overhead cover and at least three (3) walls or other physical boundaries of any height that prevent air from circulating freely to all parts of the area; or four (4) walls or other vertical boundaries that exceed six (6) feet in height, and includes covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.

EXISTING UNIT: A unit that is not a new unit.

HOOKAH: A tobacco pipe with one (1) or more long and flexible tubes, which draws smoke from tobacco products through water contained in a bowl.

LANDLORD: Any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant, except that "landlord" does not include a tenant who sublets a unit (e.g., a sublessor).

MULTI-UNIT RESIDENCE: Property containing two (2) or more units, including, but not limited to, duplexes, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. Multi-unit residence does not include the following:

A. A hotel or motel that meets the requirements of California Civil Code Section 1940, subdivision (b)(2);

B. A mobile home park;

C. A campground;

D. A marina or port;

E. A single-family home, except if used as a child care or health care facility subject to licensing requirements; and

F. A single-family home with a detached or attached accessory dwelling unit permitted pursuant to California Government Code Sections 66310—66339.5 except if the single-family home or accessory dwelling unit is used as a child care or health care facility subject to licensing requirements.

NEW UNIT: A unit that is issued a certificate of occupancy after January 1, 2018.

NONPROFIT ENTITY: Any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this Section.

PLACE OF EMPLOYMENT: Shall have the same definition as in California Labor Code Section 6404.5, as may be amended. As of the effective date of the ordinance from which this Section is derived, "PLACE OF EMPLOYMENT" as defined by California Labor Code section 6404.5 does not include:

A. Retail or wholesale tobacco shops and private smokers' lounge, as defined by the California Labor Code;

B. Cabs of motortrucks, or tractor trucks as defined by the Vehicle Code, if nonsmoking employees are not present;

C. Theatrical production sites, if smoking is an integral part of the story in the theatrical production;

D. Medical research or treatment sites, if smoking is integral to the research and treatment being conducted;

E. Private residences except for private residences licensed as family date care homes where smoking is prohibited under California Health and Safety Code; and

F. Patient smoking areas in long-term health care facilities, as defined in the California Health and Safety Code.

PUBLIC PLACE: Any enclosed 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 facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms.

RESTAURANT: Any coffeeshop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria and any other eating establishment, organization, club, boarding house or guesthouse which gives or offers food for sale to the public, guests, patrons or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined above.

RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco products and accessories.

SELL, SALE or TO SELL: Any transaction where, for any consideration, ownership is transferred from one (1) person or entity to another including, but not limited to, any transfer of title or possession for consideration, exchange or barter, in any manner or by any means.

SERVICE LINE: Any indoor line at which one (1) or more persons are waiting for or recovering service of any kind, whether or not such service includes the exchange of money.

SMOKE: 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 or vaporizing 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 smoking device vapors, cannabis smoke, and smoke released into the air by combustion, electrical ignition, or vaporization of any illegal drugs.

SMOKING: Shall have the same meaning as defined in California Business and Professions Code Section 22950.5(c), which as of the effective date of the ordinance from which this Article is derived 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, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or a 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.

SMOKE-FREE RESIDENCE: A multi-unit residence that complies with the requirements of this Article as of January 1, 2018.

SPORTS ARENA: Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events.

TOBACCO PRODUCT: 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, and snuff; and any electronic device that delivers nicotine to the person inhaling from the device, including, but not limited to, any electronic smoking device as defined herein, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or hookah. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

UNENCLOSED AREA: Any area that is not an enclosed area.

UNIT: A personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single room occupancy ("SRO") facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. Unit includes, without limitation, a new unit.

(Ord. No. 2544, § 3(Exh. A), 2-10-2025; Ord. No. 2561, § 3(Exh. A), 6-8-26; Ord. No. 2562, § 4(Exh. A), 7-27-26)

Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law. If any section, paragraph, phrase, term or word of this Chapter is inconsistent with State law or declared for any reason to be invalid, the remainder of the Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby, and shall continue in full force and effect irrespective of any such portion declared invalid.

(Ord. No. 2544, § 3(Exh. A), 2-10-2025)