Chapter - 8.64

The City Council finds that there is ample evidence that smoking in any form is a real danger to the general health and an irritation, inconvenience and discomfort to persons in enclosed areas. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to promote a policy of nonsmoking and to regulate smoking in any building or establishment frequented by the public or where four (4) or more persons are employed.

(Prior code § 22B-1)

The words and phrases used in this chapter shall have the following meanings unless from the context a different meaning is apparent:

"Employee" means any person who performs a service under any appointment or contract of hire or apprenticeship, express or implied, oral or written, excepting persons excluded by California Labor Code Section 3352.

"Employer" means any person, partnership or corporation (including private, nonprofit, and governmental) with a business location in the City having not fewer than four (4) persons performing services and receiving compensation therefor.

"Enclosed area" means an area within a building closed in by a roof and walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.

"Patio area" means a paved or improved outdoor area which is not fully enclosed, adjacent to or adjoining an associated building or business, which is designed to accommodate seating or assembly of persons.

"Place of employment" means any building, structure, or portion thereof, under the control of an employer, where employees are present to perform a service, and members of the public may come to be served.

"Smoke" or "smoking" means and includes the carrying or holding of a lighted pipe or a lighted cigar or a lighted cigarette of any kind or any other lighted smoking equipment, and the lighting of a pipe, cigar, or cigarette of any kind, and inhaling, emitting, or exhaling the smoke of a pipe, cigar or cigarette of any kind. "Smoke" or "smoking" also means and 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 smoking device for the purpose of circumventing the prohibition of smoking.

(Prior code § 22B-2; Ord. 1291 § 1, 2004; Ord. No. 1659, § 2, 11-7-2018)

No person shall smoke in any elevator in any building open to the public, including but not restricted to elevators in office, hotel, and multifamily buildings.

(Prior code § 22B-3)

A. .....No person shall smoke in any area of any hospital and health care facility, as defined in California Health and Safety Code Section 1250, excepting only those enclosed areas designated and posted for such purpose.

B. .....Every publicly or privately owned hospital and health care facility shall provide patients the alternative of staying in rooms and wards in which smoking is prohibited, and no patient electing to stay in a room in which smoking is prohibited shall be placed in a room in which smoking is permitted.

(Prior code § 22B-4)

No person shall smoke in any hearing room, conference room, chamber, or any place where public, civic, or governmental business is conducted and to which members of the public are admitted, whether as participants or observers.

(Prior code § 22B-5)

No person shall smoke in any publicly or privately owned theater, auditorium, or similar facility designed and used for motion picture shows and stage productions, including but not restricted to musicals, concerts, recitals, operas, and sporting events, except the lobby and business or work areas barred to the public. Every person who owns, manages, or has control of a theater, auditorium, or facility used for the purposes stated herein shall post signs conspicuously in the lobby informing the public that smoking is not permitted inside such theater, auditorium or facility. In the case of motion picture theaters, such information shall be displayed on the screen for not less than five (5) seconds before the beginning of the feature film.

(Prior code § 22B-6)

No person shall smoke in any public restroom.

(Prior code § 22B-7)

No person shall smoke in any publicly or privately owned restaurant, indoor coffee shop, cafeteria, short order cafe, luncheonette, soda fountain, or other eating establishment except within an enclosed area designated and posted for such purpose. Every person owning, managing, operating, or having control of any establishment described in this section shall provide and maintain an enclosed area within the establishment of not less than fifty (50) percent of the total floor area for seating patrons in which smoking is prohibited. As used herein, the phrase "total floor area for seating patrons" shall not include any part of a patio or outdoor eating area, or any portion of the premises utilized primarily for the sale of alcoholic beverages, or any room or enclosed area which may be reserved for private functions.

(Prior code § 22B-8)

An employer of four (4) or more employees shall meet the following criteria:

A. Within one hundred twenty (120) days after the effective date of the ordinance codified in this chapter, each employer shall adopt, implement and maintain a no-smoking policy for its business location(s) in the City, which policy shall, insofar as practicable, make reasonable provisions for designating areas in which smoking is prohibited in order to accommodate nonsmoking employees. Such policy shall be posted in appropriate locations throughout the workplace, and copies thereof shall be furnished to all employees.

B. An employee may request, based on the employer's policy, that his or her immediate work area be designated as a nonsmoking area. The employer shall, using existing ventilation, walls, temporary separations, and partitions make every effort to resolve any problem between nonsmoking and smoking employees.

C. If an employer finds that the floor plan for its business does not provide sufficient relief for nonsmoking employees, it may, when practicable, reassign such nonsmokers to other locations, enlarge the area in which smoking is prohibited, or take any other reasonable measure to eliminate or reduce the effect of smoke on nonsmokers.

(Prior code § 22B-9)

Whenever, under the provisions of this chapter, the posting of a sign is required, the owner, manager, or other person in charge or control of a building, room, or other place where smoking is prohibited shall place or cause to be placed conspicuous "NO SMOKING" signs with capital letters not less than one (1) inch in height on a contrasting background.

(Prior code § 22B-10)

This chapter shall not be interpreted to require any employer, or any owner, operator or manager of any theater, hospital, health care facility, or other building to incur any expense to make alterations or modifications to an existing structure in order to separate smoking and nonsmoking persons.

(Prior code § 22B-11)

A. .....No employer, owner, operator, manager, or person in charge or control of any place of business, hospital or health care facility, or theater or place of entertainment shall fail to establish and post a written smoking policy on the premises, or fail to place conspicuous "no smoking" signs in appropriate areas where smoking is prohibited.

B. .....It is unlawful for any person wilfully to destroy or mutilate any sign which prohibits smoking.

C. .....It is unlawful for any person to smoke in any posted nonsmoking area.

(Prior code § 22B-12)

The provisions of this chapter shall not apply to any business conducted from a private home, or any private work area occupied exclusively by persons who smoke.

(Prior code § 22B-13)

No person shall smoke within the boundaries of any public beach, including public walkways and beach access points, such as stairs to the beach, and strands adjoining beach areas, or the municipal pier, or parking lots adjacent to or with direct access to any public beach, except in certain outdoor locations and patio areas, if any, that the City Council specifically designates by resolution as temporary or permanent smoking areas.

(Ord. 1291 § 2, 2004)

(Ord. No. 1618, § 2, 3-1-2016; Ord. No. 1662, § 2, 9-4-2018)

Editor's note— Ord. No. 1618, § 2, adopted March 1, 2016, amended § 8.64.140 and in so doing changed the title of said section from "Beaches—Smoking prohibited except in designated areas," to "Beaches—Smoking prohibited," as set out herein.

No person shall smoke in any of the following coastal canyons in the City: Calafia Canyon, Lobos Marinos Canyon, Montalvo Canyon, Palizada Canyon, Riviera Canyon, Toledo Canyon, and Trafalgar Canyon.

(Ord. 1337 § 1, 2007)

No person shall smoke in any of the following inland canyons in the City: Cascadita Canyon, Verde Canyon, the canyon between Avenida San Pablo and Avenida Salvador, the canyon adjacent to Avenida Vista Montana, the canyon between Costero Risco and the Forster Ranch Community Park, the canyon between Avenida Salvador and Avenida Presidio, and the canyon surrounded by Avenida Acapulco, Via Promontorio, Via Zapata and the southern city limits.

(Ord. 1440 § 1, 2007)

No person shall smoke on any public trails including trail, access points in the City, whether such public trails are in existence as of the date this section is added to the code or are later established or created. The public trails located in the City as of the date this section is added to the code are depicted in Exhibit A to the appendix of this chapter (See following page).

(Ord. 1465 § 1, 2008)

(Ord. No. 1618, § 2, 3-1-2016)

No person shall smoke in any public parks, or parking lots adjacent to or with direct access to any public park, in the City, whether such public parks are in existence as of the date this section is added to the code or are later established or created. The public parks located in the City as of the date this section is added to the code are depicted in Exhibit A to the appendix of this chapter.

(Ord. No. 1540, § 1, 9-6-2011; Ord. No. 1662, § 2, 9-4-2018)

No person shall smoke in any lands in the City for which Title 17, Zoning, the General Plan, or a specific plan designates as public or private open space, whether such designations are in existence as of the date this section is added to the code or are later established or created.

(Ord. No. 1662, § 2, 9-4-2018)

[Figure]