San Leandro Municipal Code Art. 2 Prohibition of Smoking in Public Places, Places of Employment, and Certain…

(Legislative History: Ordinance No. 88-022, 9/6/88; Ordinance No. 2009-011, 12/7/09 (Sections 4-12-200—4-12-210))

Smoking shall be prohibited in the following enclosed places within the City of San Leandro except in places listed in Section 4-12-210, and except in such places in which smoking is already prohibited by State or Federal law in which case the State or Federal law applies:

(a) Public places;

(b) Places of employment;

(c) Enclosed areas adjacent to an enclosed area in which smoking is prohibited by any other section of this code, State law, or Federal law and that have a common or shared air space such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space;

(d) Enclosed areas that have a common or shared ventilation, air conditioning or heating system with an enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space.

Smoking shall be prohibited in the following unenclosed places within the City of San Leandro, except in such places in which smoking is already prohibited by State or Federal law in which case the State or Federal law applies:

(a) Places of employment;

(b) Service areas;

(c) Public places, including dining areas;

(d) Ticket, boarding, and waiting areas of transit depots and bus stops;

(e) City and private parks, playgrounds, athletic facilities, and golf practice facilities (i.e., driving range and practice putting/chipping greens);

(f) The sites of public events including, but not limited to, for example, sports events, entertainment, speaking performances, ceremonies, pageants, farmers' markets, festivals, carnivals, and fairs.

(a) Unless otherwise prohibited by law, smoking is permitted in the following enclosed places:

(1) Significant tobacco retailers, if at all times minors are prohibited from entering the store;

(2) Private residential units, except those used as a child care or health care facility subject to licensing requirements; and

(3) Up to 25% of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that 75% or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "No Smoking" signage shall be posted in nonsmoking rooms.

(b) Unless otherwise prohibited by law, smoking is permitted in the following unenclosed places:

(1) Eighteen hole Tony Lema Golf Course and nine hole Marina Golf Course.