San Leandro Municipal Code Art. 4 Duties of Person, Employer, Business or Nonprofit Entity

(Legislative History: Ordinance No. 88-022, 9/6/88; Ordinance No. 2009-011, 12/7/09 (Sections 4-12-400, 4-12-405); Ordinance No. 2014-017, 10/20/14 (Section 4-12-400))

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

(b) Notwithstanding any other provision of this Chapter, any owner, landlord, employer, business, nonprofit entity, or other person who controls any property, establishment, 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.

(c) Notwithstanding any other provision of this Chapter, any owner, landlord, manager, employer, business, nonprofit entity, or other person who controls any property, establishment, or place of employment regulated by this Chapter may adopt policies relating to smoking which are more restrictive than those provided herein, or declare such property, establishment or place of employment regulated by this Chapter as entirely nonsmoking.

"No Smoking" or "Smoke Free" signs, with letters of no 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, sufficiently and conspicuously posted in every enclosed and unenclosed place in which smoking is prohibited by this Chapter, by the person, employer, business, or nonprofit entity that has legal or de facto control of such place. For purposes of this Chapter, the City Manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter.