San Luis Obispo County Municipal Code Ch. 8.22 Smoking Prohibited in Public Places

Footnotes:

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Editor's note— Ord. No. 3407, § 1, adopted January 14, 2020, renamed ch. 8.22 from "no smoking on county property" to "smoking prohibited in public places."

Because smoking is a positive danger to health, a cause of material discomfort, and a health hazard even to those exposed to secondhand smoke, the declared purposes of this chapter are to:

(1) Promote the public health, safety and welfare by prohibiting smoking, expressly including the use of tobacco, cannabis and electronic smoking devices, in certain areas which are used by or open to the public;

(2) Ensure a cleaner and more hygienic environment for the county, its residents, visitors, and natural resources; and

(3) Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children, to breathe smoke-free and drug-free air, recognizing the threat to public health and the environment caused by smoking and unwelcome secondhand smoke.

(Ord. No. 3228, § 1, 7-17-12; Ord. No. 3407, § 2, 1-14-20)

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

"Cannabis" or "marijuana" means all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

"Common area" means every indoor and outdoor area of a multi-unit residence that residents of more than on unit of that multi-unit residence are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.

"County" means the County of San Luis Obispo.

"County property," for purposes of this chapter 8.22, means a building or structure owned, leased or otherwise operated by the county to conduct county business, and land appurtenant to that building or structure, including, but not limited to, parking lots, landscapes, walkways and patios.

"Electronic smoking device" means an electronic device which can be used to deliver an inhaled dose of nicotine or any other substance, including any component, part, or accessory of such a device, whether or not sold separately, including, but not limited to, e-liquid, e-juice, vape juice, or vape pods. "Electronic smoking device" includes but is not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

"Multi-unit residence" means property containing two or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities.

"Public place" means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

"Smoking" means inhaling, exhaling, burning or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any other device that delivers nicotine, marijuana, or other substances to a person.

"Tobacco product" means:

(1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff;

(2) Any electronic smoking device as defined above;

(3) Notwithstanding any provision of subsections (1) and (2) to the contrary, tobacco product includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. Tobacco product does not include any 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 such product is marketed and sold solely for such an approved purpose.

(Ord. No. 3228, § 1, 7-17-12; Ord. No. 3407, § 3, 1-14-20)

In addition to all places where smoking is prohibited under California or federal law, smoking shall be prohibited in the following places within the unincorporated areas of the county:

(1) County property.

(2) All recreational areas, which includes any public or private area open to the general public for recreational purposes whether or not any fee or admission is charged, including without limitation, parks, trails, gardens, tot lots, picnic areas, sporting facilities, stadiums, beaches, piers, and playgrounds and special places as listed in the park and recreation element of the county general plan.

(3) All public places, including any public or private place open to the general public regardless of any fee or age requirement, including for example, streets, sidewalks, parking lots, parking garages, plazas, bars, restaurants, clubs, stores, stadiums, taxis, buses and service areas (ticket lines, bus stops, or takeout counters etc.).

(4) All open-air dining areas, or within twenty feet of any open-air dining area.

(5) Within twenty feet of the entrance, exit, operable window, or air intake vent of any public place. For the purposes of this subsection, entrance or exit shall mean an opening into an enclosed public place from a contiguous street, sidewalk, walkway, or parking areas, and "air intake vent" shall mean an opening into an enclosed public place that draws in air from the outside as part of a structural ventilation system.

(6) All enclosed areas exempted by the California smokefree workplace law (California Labor Code Section 6404.5(d)), as that section may be amended from time to time.

(7) Common areas of multi-unit residential complexes which includes any indoor or outdoor common area of a multi-unit residence (apartments, condominiums, townhomes, mobile home parks etc.) accessible to and usable by more than one resident, including, but not limited to, halls, lobbies, laundry rooms, outdoor eating areas, play and swimming areas.

(8) Notwithstanding the prohibition as set forth in this chapter, smoking may be allowed in certain designated areas as authorized by the county health officer, and in certain designated areas of county regional parks and golf courses as authorized jointly by the county health officer and the county director of parks and recreation.

(Ord. No. 3228, § 1, 7-17-12; Ord. No. 3407, § 4, 1-14-20)

(a) A person who owns, manages, operates, or otherwise controls the use of any place where smoking is prohibited by this chapter may not knowingly or intentionally permit smoking in those places. For the purposes of this section, a person has acted knowingly or intentionally if the person has not taken the following actions to prevent smoking by another person:

(1) Requested that a person who is smoking refrain from smoking in the prohibited place; and

(2) Requested that a person who is smoking leave the prohibited place if the person refuses to stop smoking in the prohibited place after being asked to stop. This section does not require physically ejecting a person from a place or taking steps to prevent smoking under circumstances that would involve risk of physical harm.

(Ord. No. 3407, § 5, 1-14-20)

(a) Enforcement of this chapter shall be the responsibility of the county administrative office and county staff.

(b) Enforcement of this chapter is at the sole discretion of the county.

(c) Nothing in this section shall be construed to limit the authority of the county to treat any violation of this chapter as a public nuisance pursuant to any county or state law.

(Ord. No. 3228, § 1, 7-17-12; Ord. No. 3407, § 6, 1-14-20)

Any person who violates any provision of this chapter, including an owner, operator or manager of any facility or business within the purview of this chapter who knowingly permits any person to violate this chapter while within such facility or business, is guilty of an infraction pursuant to Chapter 1.04 and is subject to the fines set forth therein.

(Ord. No. 3228, § 1, 7-17-12; Ord. No. 3407, § 7, 1-14-20)

If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Ord. No. 3228, § 1, 7-17-12)