Rolling Hills Estates Municipal Code Ch. 8.40 Regulation of Smoking

The following words and phrases are defined as set forth below for the purposes of this chapter unless the context clearly requires a different definition:

"City property" means all buildings, facilities, structures and accompany grounds owned, leased, maintained or controlled by the city, all city parks, all city equestrian trails, and all city hiking trails, recreational paths and walkways (but excluding city sidewalks).

"Electronic smoking device" means an electronic or battery-operated device that delivers vapors for inhalation. This term includes every variation and type of such devices whether they are 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.

"Enclosed area" means all space in a building between a floor and ceiling which is enclosed on all sides by solid walls or windows exclusive of door or passage ways which extend from the floor to the ceiling; and all areas screened by partitions which do not extend to the ceiling or are not solid.

"Smoke" means the gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Smoke does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense, that does not contain any cannabis, tobacco or nicotine or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating, treating or preventing disease.

"Smoking" means engaging in an act that generates smoke, including from tobacco or cannabis, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, an operating electronic smoking device, or any other act of smoking as defined in Section 22950.5(c) of the Business & Professions Code. This includes: (1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic; (2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.

"Tobacco product" means any tobacco product as defined in Section 22950.5(d) of the Business and Professions Code, but does not include a 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 the product is marketed and sold solely for such an approved purpose.

"Unenclosed area" means any area that is not an enclosed area.

(Ord. No. 735, § 3(Exh. A), 11-9-2021)

Smoking is prohibited in all enclosed and unenclosed areas of city property.

(Ord. No. 735, § 3(Exh. A), 11-9-2021)

No person may dispose of any cigarette, cigar or tobacco or electronic smoking device or any part of a cigarette or cigar or electronic smoking device on any city property, including city sidewalks, except in an appropriate or designated disposal container.

(Ord. No. 735, § 3(Exh. A), 11-9-2021)

A. A violation of this chapter constitutes an infraction, subject to penalties as provided for in Chapter 1.24 of this Code. Such violations may also be enforceable through administrative citations as provided for in Chapter 1.25 of this Code.

B. Punishment under this section will not preclude punishment pursuant to Labor Code section 6405.5, Health and Safety Code section 13002, Penal Code section 374.4, or any other law proscribing the act of littering. Nothing in this section precludes any person from seeking any other remedies, penalties or procedures provided by law.

(Ord. No. 735, § 3(Exh. A), 11-9-2021)