Santa Maria Municipal Code Ch. 5-7 Smoking Control Ordinance

This chapter shall be known as the "Smoking Control Ordinance."

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2009-03, eff. 3/5/09; Ord. 2016-21 § 1, eff. 10/20/16)

The City Council does hereby find that:

Scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and

More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and

The World Health Organization estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and

The United States Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke; and

The United States Environmental Protection Agency has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and

The California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant; and

The California Office of Environmental Health Hazard Assessment has included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm; and

Exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from lung cancer; and

Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke; and

Secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and

The total cost of smoking in California was estimated to be $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and

The medical and economic costs to nonsmokers suffering from lung cancer or heart disease caused by secondhand smoke are nearly $6 billion per year in the United States;

Almost 90% of adult smokers started smoking at or before age 18; and

It is estimated that in 2006, 15.4% of California secondary students smoked and that the smoking rate was 16.8% for the same group in Santa Barbara County; and

With certain exceptions, Labor Code §6404.5 now prohibits smoking inside an enclosed place of employment; and

Various sections of State law prohibit public school students from smoking or using tobacco; among these are laws prohibiting these students from smoking or using products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees; and

State law prohibits smoking in playgrounds and tot lots and restricts smoking within specified distances of the main entrances and exits of public buildings, while expressly authorizing local communities to enact additional restrictions; and

It is the intent of the City Council in enacting this ordinance to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco use around non-tobacco users; by protecting adults and children from exposure to smoking and tobacco while they work and play; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; by protecting the public from smoking and tobacco-related litter and pollution; and by affirming and promoting the family atmosphere of the City's public places. It is expressly not the intent of the City Council in this ordinance to duplicate what is already prohibited by state or federal law, but rather to fill in regulatory gaps as permitted by state and federal regulation.

(d. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08)

The following words and phrases, whenever used in this chapter, shall be defined as follows:

"Business"

means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are performed.

"Employee"

means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

"Employer"

means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.

"Enclosed area"

means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.

"Place of employment"

means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility.

"Public place(s)"

means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, waiting rooms, and recreation or meeting rooms in condominium, apartment, housing developments and mobile home parks. A private residence is not a "public place."

"Reasonable Distance"

means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of 20 feet from any door or window, unless otherwise exempted by a conditional use permit.

"Significant Tobacco Retailer"

means any tobacco retailer that derives 75% or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia.

"Smoking"

means using an e-cigarette, vaporizer, or inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance of any kind in any manner or in any form.

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08; Ord. 2014-02, eff. 4/17/14; Ord. 2016-21 § 2, eff. 10/20/16)

All enclosed facilities owned by the City of Santa Maria shall be subject to the provisions of this chapter. Smoking is prohibited in all City parks, plazas and public parking facilities. Smoking and ashtrays are also prohibited within a reasonable distance of any enclosed City building or area where smoking is prohibited.

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08; Ord. 2016-21 § 3, eff. 10/20/16)

(a) Smoking shall be prohibited in all enclosed public places within the City of Santa Maria with the following exceptions:

(1) Smoking is allowed as part of a stage or theatrical production, although use of simulated smoking products is encouraged whenever possible;

(2) Smoking is permitted within the walled boundaries of a significant tobacco retailer, if at all times minors are prohibited from entering the store;

(3) This ordinance does not regulate smoking in hotel and motel rooms rented to guests. Smoking is regulated by State law in these locations;

(4) This ordinance does not regulate smoking in residences. Smoking may be regulated by state law in these locations.

(b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section may declare that entire establishment or facility as a nonsmoking establishment.

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08)

Smoking in enclosed places of employment is regulated by Labor Code §6404.5. Any person who controls a place of employment may declare the entire establishment to be a nonsmoking establishment.

(Ord. 2008-01, eff. 3/20/08; Ord. 88-12 § 1, eff. 7/21/88)

"Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not 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 building or other place where smoking is regulated by this article, by the owner, operator, manager or other person having control of such building or other place.

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08)

(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.

(b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

(c) Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $200 for a second violation of this chapter within one year;

(3) A fine not exceeding $500 for each additional violation of this chapter within one year.

(d) Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08)

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other 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. 88-12 § 1, eff. 7/21/88; Ord. 2008-01, eff. 3/20/08)