Richmond Municipal Code Ch. 9.56 Regulation of Smoking

For the purposes of this chapter, the following definitions shall govern unless the context clearly requires otherwise:

(1) "Dining area" means any area, including streets and sidewalks, available to or customarily used by the general public or employees, that is designed, established, or regularly used for consuming food or drink.

(2) "Electronic cigarette" means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic cigarette" 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.

(3) "Enclosed" means:

(A) Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or

(B) Any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard;

(C) Except that an uncovered space of three thousand (3,000) square feet or more is not enclosed, such as, for example, a field in an open-air arena.

(4) "Multi-unit residence" means a premises that contains two (2) or more units.

(5) "Multi-unit residence common area" means any enclosed or unenclosed common area of a multi-unit residence accessible to and usable by more than one residence, including but not limited to halls and pathways, lobbies, laundry rooms, common eating and cooking areas, play areas, swimming pools, and parking areas.

(6) "Place of employment" means any area under the control of an employer, business, or nonprofit entity that an employee, volunteer, or the general public may have cause to enter in the normal course of operations, regardless of the hours of operation. Places of employment include, but are not limited to: bars; restaurants; hotel and motel lobbies; vehicles used for business purposes; taxis; employee lounges and breakrooms; conference and banquet rooms; bingo and gaming facilities; long-term health care facilities; warehouses; retail or wholesale tobacco shops; and private residences used as licensed child care or health-care facilities.

(7) "Public place" means any area, publicly or privately owned, to which the general public is invited to or in which the general public is permitted, regardless of any fee or age requirement. "Public place" does not include streets or sidewalks.

(8) "Reasonable distance" means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of twenty-five (25) feet.

(9) "Recreational area" means any area, public or private, open to the general public for recreational purposes, regardless of any fee or age requirement, including, but not limited to: parklands, including portions of parks, such as picnic areas, playgrounds, or sports fields; walking paths; gardens; hiking trails; bike paths; horseback riding trails; athletic fields; skateboard parks; amusement parks; and beaches.

(10) "Service area" means any area, including streets and sidewalks, designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops, and cab stands.

(11) "Smoking" means possessing a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant.

(12) "Unenclosed" means any area that is not enclosed.

(Ord. 12-09 N.S., § 2, 6-2-2009; Ord. No. 1-14 N.S., § I, 1-14-2014)

(a) Enclosed Places. Smoking shall be prohibited in the following enclosed places within the City of Richmond except in such places as listed in subsection (d) below, and except in such places in which smoking is already prohibited by state or federal law in which case those laws apply:

(1) Public places;

(2) Places of employment;

(3) Multi-unit residence common areas.

(b) Unenclosed Places. Smoking shall be prohibited in the following unenclosed places within the City of Richmond except in such places as listed in subsection (d) below, and except in such places in which smoking is already prohibited by state or federal law in which case those laws apply:

(1) Dining areas;

(2) Recreational areas;

(3) Service areas;

(4) Public events, including but not limited to a farmers' market, parade, craft fair, festival, or any other event which may be attended by the general public; and

(5) Multi-unit residence common areas, except that a landlord may designate a portion of an unenclosed common area as a smoking area. A designated smoking area located in an unenclosed common area of a multi-unit residence must not overlap with any area where smoking is otherwise prohibited by local, state, or federal law; must be located at least 25 feet in all directions from nonsmoking areas; must not include areas used primarily by children; must be no more than 25 percent of the total unenclosed common area; must have a clearly marked perimeter; and must be identified by conspicuous signs.

(c) Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination and so long as smoke does not enter any enclosed area in which smoking is prohibited.

(d) Exceptions. Smoking is permitted in the following locations within the City, unless otherwise prohibited by state or federal law:

(1) Private residential property, except those used as a licensed child care or health care facility;

(2) In up to 20 percent of guest rooms in any hotel or motel, as long as the hotel or motel permanently designates at least 80 percent of its guest rooms as nonsmoking rooms, appropriately signs nonsmoking rooms, and permanently removes ashtrays from these rooms. Smoking rooms shall be segregated from nonsmoking rooms on separate floors, wings or portions of either. Smoking rooms and nonsmoking rooms shall not be interspersed. Nothing in this division requires a hotel or motel to provide smoking rooms and the owner or operator of a hotel or motel may choose to prohibit smoking throughout the property;

(3) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted; and

(4) By performers during theatrical productions, if smoking is an integral part of the story in the theatrical production.

(Ord. 12-09 N.S., § 2, 6-2-2009; Ord. No. 1-14 N.S., § I, 1-14-2014)

(a) It shall be a violation of this chapter to use an electronic cigarette in any place within the City of Richmond where smoking is prohibited by law.

(b) No person, employer, or nonprofit entity shall knowingly permit the use of electronic cigarettes in an area under the legal or de facto control of that person, employer or nonprofit entity and in which smoking is prohibited by law.

(Ord. No. 1-14 N.S., § I, 1-14-2014)

(a) No person, employer, business, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of the person, employer, business, or nonprofit entity and in which smoking is prohibited by law and the person, employer, business or nonprofit entity is not otherwise compelled to act under state or federal law.

(b) No person, employer, business, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the person, employer, business, or nonprofit entity and in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable distance required by this chapter.

(c) Notwithstanding any other provision of this chapter, any owner, landlord, employer, business, nonprofit entity, or other person who controls any property, establishment, public place or place of employment regulated by this chapter may declare any part of such area in which smoking would otherwise be permitted to be a nonsmoking area.

(Ord. 12-09 N.S., § 2, 6-2-2009; Ord. No. 1-14 N.S., § I, 1-14-2014)

(a) "Designated Smoking Area" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height or 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 the City, by the owner, operator, manager, or other person having control of the building.

(b) For purposes of this chapter, the City Manager or his or her designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the City.

(c) Every hotel or motel within the City shall post at its entrance a sign clearly stating that nonsmoking rooms are available, and every patron shall be asked whether he or she wants a nonsmoking room.

(Ord. 12-09 N.S., § 2, 6-2-2009; Ord. No. 1-14 N.S., § I, 1-14-2014)

(a) Violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors.

(b) Each violation of this chapter by a person because of the person's smoking is an infraction subject to a one hundred dollar ($100) fine. Other violations of this chapter constitute misdemeanors punishable as provided in Section 1.04.100 of this Code or may, in the discretion of the City Prosecutor, be prosecuted as infractions if the interests of justice so require.

(c) Violations of this chapter are subject to a civil action brought by the City Prosecutor or the City Attorney, punishable by a civil fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) per violation.

(d) Any person who smokes in an area where smoking is prohibited is guilty of trespass and, if the area is accessible by the public or any employee during the normal course of operations, such smoking constitutes a public nuisance.

(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation.

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

(g) Enforcement of this chapter shall be the responsibility of the City Manager or his or her designee. Any peace officer or Code Enforcement Official also may enforce this chapter.

(h) Any person acting for the interests of itself, its members, or the general public may bring a civil action to enjoin a violation of this chapter by a business or to enjoin repeat violations of this chapter by an individual.

(Ord. 12-09 N.S., § 2, 6-2-2009; Ord. No. 1-14 N.S., § I, 1-14-2014)