Rio Vista Municipal Code Ch. 8.30 Regulations on Smoking and Smoking Paraphernalia

The city council of the city of Rio Vista makes the following findings in adopting the ordinance codified in this chapter:

A. Vaping is smoking with the aid of an electronic device, e-cigarette, or other vaping device that heats liquid that can contain nicotine, cannabis, or other substances; and

B. Vaping may harm users when poisonous metal particles from the heating element wear down, break off, and reach deep into the user's lungs; and

C. Aerosol exhaled while vaping can contain volatile organic compounds, cancer-causing chemicals, heavy metals such as nickel, tin, and lead, nicotine, and ultra-fine particles; and

D. Flavoring in vaping products may contain diacetyl, a chemical linked to serious lung disease; and

E. Vaping can cause difficulty with critical thinking skills, attention, problem solving, memory, depression or anxiety, addiction, and other serious health hazards; and

F. The Center for Disease Control has reported 15% of lung injury cases associated with vaping products are reported in youth and eight in 10 lung injury cases linked to vaping are younger than 35 years old; and

G. The 2017 California Healthy Kids Survey revealed 22% of 7th graders, 45% of 9th graders, and 55% of 11th graders responded it was easy or fairly easy for them to get access to tobacco products; and

H. State law prohibits the sale or furnishing of tobacco products, including flavored tobacco products and other vaping paraphernalia, to persons under 21 years of age, with limited exception; and

I. California courts in Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, and Prime Gas v. City of Sacramento (2010) 184 Cal.App.4th 697, have affirmed the power of local jurisdictions to regulate business activity in order to discourage violations of law; and

J. Exposure to secondhand smoke is a threat to the health, safety, and welfare of the community and public peace; and

K. Exposure to secondhand smoke is the third-leading cause of preventable death in the United States; and

L. Scientific studies have concluded that smoking products that contain nicotine, cannabis, and other substances causes chronic lung disease, coronary heart disease, stroke, and cancer; and

M. The city Alcohol, Tobacco, and Other Drugs Alliance (ATOD) is an advisory body to the city council whose purpose is to advise on and spearhead alcohol, tobacco, and other drug prevention education, specifically in collaboration with the Solano County Health and Social Services and has recommended the adoption of measures to safeguard the youth; and

N. The city council wishes to protect the public health, safety, and welfare and regulate business activity in order to discourage violations of law by limiting access to vaping products within the city and by regulating the inherently dangerous behavior of smoking near non-smokers.

(Ord. 006-2021 § 2)

For the purposes of this chapter, the following words and phrases, unless the context otherwise requires, shall have the following meanings:

"Business open to the public"

means any place of employment, as defined in Labor Code Section 6404.5, that a member of the public may lawfully enter.

"Electronic smoking device"

means an electronic device which can be used to deliver an inhaled dose of any substance, including any component, part, or accessory of such a device, whether or not sold separately, commonly used for vaping.

"E-liquid" (also known by various names such as "e-juice" and "vape juice")

means any liquid that is used in an electronic smoking device.

"Enclosed area"

means an area in which outside air cannot circulate freely to all parts of the area. Enclosed area includes any covered or partially covered area having more than 75% of its perimeter walled or otherwise restricted to the outside.

"Private residence"

means any building, buildings, or part of a building owned by a private entity which serves as a permanent residence where sewage is generated. Private residences include, but are not limited to, single-family homes, town houses, duplexes, condominiums, mobile homes, accessory dwelling units and apartments.

"Sale" or "to sell"

mean any transaction where, for any consideration, ownership is transferred from one 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.

"Secondhand smoke"

means any airborne byproduct of smoking, visible and nonvisible, including odor.

"Smoking"

means inhaling, exhaling, or 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 vapor, in any manner or in any form, or the use of any oral non-electronic or electronic ("vaping") lighted or heated cigar, cigarette, hookah, pipe, or any other device for oral inhalation of tobacco or cannabis products for the purpose of circumventing the prohibition of smoking.

"Unenclosed area"

means any area which is not an enclosed area.

"Vaping"

means smoking with the aid of an electronic smoking device, e-cigarette, or other vaping device that heats liquid commonly called e-liquid.

"Vaping product"

means an electronic smoking device, e-liquid, and any other product sold for the purpose of vaping.

"Youth"

means any person under 21 years of age.

(Ord. 006-2021 § 2)

Except as otherwise permitted by city ordinance or State or Federal law or regulation, it is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person or business to create, permit, or otherwise allow, tacitly or otherwise, for the sale, offer for sale, or display for sale of any vaping product to a youth within the city.

(Ord. 006-2021 § 2)

Except as otherwise permitted by this chapter or expressly permitted by State or Federal law, it is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person or business to create, permit, or otherwise allow exposure to secondhand smoke anywhere in the city, including, but not limited to:

A. Public places, parks, sidewalks, walkways, transportation, and buildings.

B. Enclosed areas and unenclosed areas of any business open to the public.

C. Enclosed areas and unenclosed areas of any city building, school, hotel or motel, restaurant, and other places of public accommodation.

(Ord. 006-2021 § 2)

Notwithstanding Section 8.30.040 above, secondhand smoke is permitted in the following locations within the city, unless otherwise prohibited by State or Federal law, and only as long as it is not in an area in which secondhand smoke will enter into an area that secondhand smoke is always prohibited by this chapter, by State or Federal law, or by the property owner:

A. Private residence, except for private residences licensed as family day care homes.

B. An unenclosed area that is not within 25 feet of a location where secondhand smoke is prohibited, no non-smoker or youth is present, and it is not reasonable to expect a non-smoker or youth to arrive due to the time of day and other factors.

(Ord. 006-2021 § 2)

A. Enforcement. The chief of police or his or her designee may issue a notice of violation of this chapter by issuing a citation detailing the date and circumstances of violation within 30 days of the violation. The citation shall state the civil fine and give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting a hearing. An administrative hearing may be held in accordance with the procedures set forth in Chapter 8.16 of this code.

B. Civil Fine. The total civil fine for violation of this chapter may be deemed a debt owed to the city by any person who violates this chapter. Any person owing such a debt may be liable in an action brought in the name of the city for recovery of the same.

1. The first violation may result in a citation with a one hundred dollar ($100.00) fine.

2. The second violation may result in a citation with a two hundred dollar ($200.00) fine.

3. The third violation may result in a citation with a three hundred dollar ($300.00) fine.

4. Any subsequent violation may result in a citation with a five hundred dollar ($500.00) fine for each subsequent violation.

C. The remedies provided by this chapter are cumulative and in addition to any other remedies at law or in equity.

D. The city manager or his/her designee may consider the facts of each case and, in lieu of the civil fine, allow community service work on behalf of the city and/or training, counseling, or classes that are relevant to the purposes of this chapter.

(Ord. 006-2021 § 2)

Nothing in this chapter shall be construed as imposing on the city any duty to issue any violations of this chapter, and the city shall not be held liable for failure to issue a citation for violation of this chapter.

(Ord. 006-2021 § 2)

The city does not waive its right to seek remedies for violation of this chapter through other procedures. The procedures provided for in this chapter are in addition to any other statute, ordinance, or law, civil or criminal. This chapter in no way limits the authority of the chief of police or his or her designee to make arrests for any criminal offense arising out of conduct regulated by this chapter.

(Ord. 006-2021 § 2)