Santa Barbara County Municipal Code Art. III Application of Chapter in Enclosed and Unenclosed Places of Employment

(a) Smoking and the use of tobacco products and electronic smoking devices is prohibited in enclosed areas of the following places within the unincorporated area of the County of Santa Barbara.

(1) Enclosed common areas of multi-unit residences; and

(2) Enclosed places of employment, except the following:

(A) Sixty-five of hotel and motel guest rooms;

(B) Cabs of motor trucks; as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code;

(C) Theatrical production sites, as a part of the production, if smoking is an integral part of the story, and the use of a fake, prop or special effect cannot convey the idea of smoking to a reasonable member of the anticipated audience;

(D) Tobacco retail shops may allow the use of tobacco products and electronic smoking devices, if all the following provisions are met:

1. No food and beverages are prepared on site;

2. Pre-packaged food or beverages may be sold for consumption offsite only; and

3. All persons under the minimum age for purchasing tobacco products in the State of California are prohibited from entering the shop at all times;

(E) Electronic smoking device retail shops may allow the use of electronic smoking devices, including electronic smoking devices that contain nicotine, but not tobacco products, if all of the following provisions are met:

1. No food and beverages are prepared on site;

2. Pre-packaged food or beverages may be sold for consumption offsite only; and

3. All persons under the minimum age for purchasing tobacco products in the State of California are prohibited from entering the shop at all times;

(F) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted; and

(G) Private residences, except for private residences licensed as family day care homes, where smoking is prohibited by Section 1596.795 of Health and Safety Code.

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

(a) Smoking and the use of tobacco products and electronic smoking devices is prohibited in the unenclosed areas of the following places within the unincorporated area of the County of Santa Barbara:

(1) Unenclosed service areas;

(2) Unenclosed areas surrounding buildings and facilities that are owned, leased, or operated by the county, including vehicles and parking lots.

(3) Unenclosed areas within twenty feet of a door, window, opening or vent surrounding other enclosed places of employment, except as specified in section 37-5(a)(4)(B).

(4) Unenclosed places of employment as follows:

(A) Unenclosed dining areas;

(B) Unenclosed areas of a bar, with the following exception,

(1) Unenclosed areas of a bar may permit smoking, use of tobacco products or electronic smoking devices provided that smoke or emissions from the unenclosed areas do not enter adjacent enclosed places of employment or residences.

(5) Unenclosed recreational areas, except in the following areas:

(A) Camping parks; and

(B) Within thirty feet of any residence of a county park employee that is located within a county park.

(6) Unenclosed places when being used for a public event, including but not limited to; a fair farmers' market, parade, festival, or any other event open to the public, regardless of age requirement or fee.

(7) Unenclosed common areas of multi-unit residences provided, however, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking, tobacco product or electronic smoking device use area if the area meets all of the following criteria:

(A) The area must be located at least twenty feet from any enclosed area where smoking and the use of tobacco products and electronic smoking devices is prohibited by this chapter or other law; and

(B) The area must be at least five feet from unenclosed areas primarily used by children or that facilitates physical activity including, but not limited to, playgrounds, tennis courts, swimming pools and sandboxes.

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