Selma Municipal Code Ch. 29 Smoking and Tobacco Product Use

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

ELECTRONIC SMOKING DEVICE: Means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

PUBLIC PLACE: Means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

REASONABLE DISTANCE: Means a distance of twenty five feet (25') in any direction from an area in which smoking is prohibited.

RECREATIONAL AREA: Means any area that is owned, controlled or used by the City of Selma and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches. The term "recreational area" shall also include Pioneer Village.

SMOKE: Means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic smoking device vapors, cannabis smoke, and crack cocaine smoke.

SMOKING: Means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, cannabis or any plant product intended for human inhalation.

TOBACCO PRODUCT: Means:

(A) 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; and

(B) Any electronic smoking device.

(C) Notwithstanding any provision of subsections (A) and (B) of this definition 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.

UNENCLOSED AREA: Means any area that is not an enclosed area. (Ord. 2018-6, 5-7-2018)

(A) Smoking and the use of tobacco products is prohibited in the unenclosed areas of the following places within the City of Selma:

1. Recreational areas;

2. Other public places, when being used for a public event, including but not limited to a farmers' market, parade, craft fair, festival, or any other event open to the general public, provided that smoking is permitted on streets and sidewalks used only as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter.

(B) Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking and tobacco product use on any part of such property, even if smoking or the use of tobacco products is not otherwise prohibited in that area. (Ord. 2018-6, 5-7-2018)

(A) Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while the person smoking is actively passing on the way to another destination.

(B) Smoking in unenclosed areas shall be prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under this chapter, except while the person smoking is actively passing on the way to another destination and provided smoke does not enter any unenclosed area in which smoking is prohibited. (Ord. 2018-6, 5-7-2018)

(A) No person, employer, or nonprofit entity shall knowingly permit smoking or the use of tobacco products in an area which is under the legal or de facto control of that person, employer, or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law.

(B) No person, employer, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of that person, employer, or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law, including, without limitation, within a reasonable distance required by this chapter from any area in which smoking or the use of tobacco products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking or the use of tobacco products in violation of any provision of this chapter.

(C) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited, including within any reasonable distance required by this chapter.

(D) Except as otherwise provided by subsection (E) of this section, a person, employer, or nonprofit entity that has legal or de facto control of an area in which smoking and the use of tobacco products is prohibited by this chapter shall post a clear, conspicuous and unambiguous "No Smoking" and "No Use of Tobacco Products" or "Smokefree" and "Tobacco-Free" sign at each point of ingress to the area, and in at least one other conspicuous point within the area, unless the prohibition is established by law other than this chapter and that law does not require the placement of signs. The signs shall have letters of no less than one inch (1") in height and shall include 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). Signs posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement. At least one sign with the City of Selma phone number to which complaints can be directed must be placed conspicuously in each place in which smoking is prohibited. For purposes of this section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking or the use of tobacco products in violation of any other provision of this chapter.

(E) The City, or other sponsor of any public event occurring in open public places shall establish temporary signage at such locations as required by the City Manager or his/her designee notifying persons of the prohibition against smoking at such public event.

(F) No person, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

(G) Each instance of smoking or tobacco product use in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation. (Ord. 2018-6, 5-7-2018)

(A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(B) Each incident of smoking or use of tobacco products in violation of this chapter is an infraction subject to a one hundred dollar ($100.00) fine. Other violations of this chapter may, at the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the City Manager or his/her designee. In addition, any peace officer or Code enforcement official also may enforce this chapter.

(C) Each incident of smoking or use of tobacco products in violation of this chapter, and the fine imposed by this chapter may be enforced by issuance of an administrative citation under title I, chapter 20 of this Code.

(D) Violations of this chapter are subject to a civil action brought by the City of Selma, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation.

(E) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

(F) Any violation of this chapter is hereby declared to be a nuisance.

(G) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, Civil or Criminal Code enforcement proceedings, and suits for injunctive relief. (Ord. 2018-6, 5-7-2018)