Santa Barbara County Municipal Code Art. IV Other Requirements, Prohibitions and Posting of Signs

(a) It shall be a violation of this chapter for a business where smoking, tobacco product and electronic smoking device use is permitted to allow smoke or emissions from tobacco products and electronic smoking devices to enter an enclosed area where smoking, tobacco product and electronic smoking device use is prohibited;

(b) No person or employer shall knowingly permit smoking or the use of tobacco products or electronic smoking devices in an area which is under the legal or de facto control of that person or employer and in which smoking or the use of tobacco products or electronic smoking devices is prohibited by this chapter or other law;

(c) Nothing in this chapter prohibits any person or employer with legal control over any property from prohibiting smoking and the use of tobacco products and electronic smoking devices on any part of such property, even if smoking and the use of tobacco products and electronic smoking devices is not otherwise prohibited in that area;

(d) The county health officer or his/her designee shall conduct an ongoing educational program to explain and clarify the purposes and requirements of this chapter, as well as to provide guidance to persons or employers about compliance. However, lack of such education shall not be a defense to a violation of this chapter;

(e) No person or employer shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, ash trays or ash cans, within an area under the legal or de facto control of that person or employer, if smoking and the use of tobacco products and electronic smoking devices is prohibited by this chapter or other law. Such ash receptacles must be placed at least twenty feet from any area where smoking and use of tobacco products and electronic smoking devices is prohibited by this chapter or other law. However, in areas specified in section 37-5(a)(7)(B), ash receptacles must be placed at least five feet from unenclosed areas primarily used by children or that facilitate physical activity;

(f) No person shall dispose of used tobacco product or electronic smoking device waste within the boundaries of an area in which smoking or the use of tobacco products or electronic smoking devices is prohibited by this chapter or other law;

(g) A person or employer that has legal or de facto control of an area in which smoking and the use of tobacco products and electronic smoking device use is prohibited by this chapter shall post a clear and conspicuous "No Smoking, Use of Tobacco Products or Electronic Smoking Devices" or "Smoking, and Tobacco and Electronic Smoking Device-Free" sign at main points of ingress to the area and other points, as needed. The signs shall have letters of no less than one inch in height and shall include a facsimile of the international "No Smoking" symbol (consisting of a graphic image of a burning cigarette and electronic smoking devices enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the distance requirements set forth in section 37-5, wherever possible. The presence or absence of signs shall not be a defense to a charge of smoking, tobacco product, or electronic smoking device use in violation of this chapter;

(h) No person or employer shall intimidate, threaten any reprisal, or affect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter; and

(i) Each instance of smoking or tobacco product or electronic smoking device use is in violation of this chapter shall constitute a separate violation. For violations other than for smoking or tobacco product or electronic smoking device use, each day of a continuing violation of this chapter shall constitute a separate violation.

(Ord. No. 4928, 7-21-2015)