Sierra Madre Municipal Code Ch. 8.06 Smoking

A. No person shall smoke in any part of the Sierra Madre City Hall, library, police and fire departments, recreation facilities, parks, trails and city corporate facilities, council chamber, foyers, reception areas, counter areas, hallways, open work areas, employee lounge or any enclosed city hall meeting room, or private offices.

B. No person shall smoke in any part of any restaurant, bar, cafe, deli, or other public place where food or beverage, or both, is sold, served or offered for sale, or in any outdoor dining areas or patios serving said establishments.

C. Effective October 1, 2023, no person shall smoke in any multi-unit common area. Effective April 1, 2024, upon the commencement of a new lease, rental agreement, or change in occupancy, no person shall smoke in any multi-unit common area or unit of a multi-unit residence. Effective October 1, 2024, no person shall smoke in any multi-unit common area or unit of a multi-unit residence.

D. Notwithstanding subsection C., smoking is permitted in designated smoking area if it is:

1. Not an enclosed area;

2. At least twenty-five feet from any:

a. Outdoor recreation area such as a tennis court, swimming pool, and picnic area;

b. Outdoor areas primarily used by children such as a playground; or

c. Entrance, opening, or vent to a structure where smoking is prohibited by this chapter.

3. Has a clearly marked perimeter; and

4. Identified by conspicuous signs.

(Ord. 1108 § 1, 1994)

(Ord. No. 1291, § 2, 4-14-09; Ord. No. 1423, § 3, 1-14-20; Ord. No. 1457, § 2, 10-25-22; Ord. No. 1473, § 2, 9-24-24)

The following words, phrases, and terms, as used in this chapter, shall be construed as defined in this section:

"Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Electronic cigarette" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

"Homeowners' association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

"Landlord" means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased or rented to a residential tenant. For purposes of this chapter, a tenant who sublets their unit is not a landlord.

"Multi-unit residence" means a premises that contains four or more renter-occupied or owner-occupied units within a single structure.

"Multi-unit common area" means any indoor or outdoor area of a multi-unit residence accessible to and usable by residents of more than one unit, including, but not limited to, halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, playgrounds, swimming pools, and parking areas.

"Private enforcer" means any person who acts within his or her interest, or of the general public, to enforce the terms of this chapter subject to the provisions of this chapter. Notwithstanding any legal or equitable bar, a private enforcer may bring an action to enforce this chapter solely on behalf of the general public.

"Smoking" means:

1. Inhaling, exhaling, or burning any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;

2. Carrying any lighted, heated, or activated tobacco, nicotine, marijuana, or plant product, whether natural or synthetic, intended for inhalation; or

3. Using an "electronic cigarette."

"Tobacco product" includes, but is not limited to, a 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, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, but does not include cigarettes. Tobacco products shall also include electronic cigarettes. Tobacco products shall 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 that product is marketed and sold solely for such approved use.

(Ord. No. 1457, § 3, 10-25-22)

A. No person shall knowingly permit smoking in an area under his, her, or its legal or de facto control where smoking is prohibited by this chapter.

B. No person shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her, or its legal or de facto control where smoking is prohibited by this chapter.

(Ord. No. 1457, § 4, 10-25-22)

A. Smoke-Free Multi-Unit Residences. On or before April 1, 2023:

1. A landlord shall give written notice to every tenant(s) then in occupancy to inform the tenant(s) of the prohibitions under this chapter and to provide them with resources to treat an addiction to nicotine.

2. A homeowners' association shall give written notice to every unit to inform residents of the prohibitions under this chapter and to provide them with resources to treat an addiction to nicotine.

B. Required Lease Terms. Every new lease or other agreement entered into after the effective date of this section for the occupancy of a unit in a multi-unit residence shall include:

1. A clause stating that smoking is prohibited in the unit and the multi-unit common areas;

2. A clause stating that it is a material breach of the lease or agreement to smoke in the unit, in the multi-unit common areas, or within a reasonable distance of the unit or multi-unit common area; and

3. A clause stating that all lawful occupants of units in the multi-unit residence are third-party beneficiaries of the clauses required by subsections (8)(1)(a) and (8)(1)(b) of this section and may have a private right of action against a violator.

C. Signage. On or before the effective date of this chapter, "no smoking" or "smoke free" signs, 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) or any alternative signage approved by the city manager shall be conspicuously posted by the person, employer, business, or nonprofit entity who or which has legal or de facto control of such place at each entrance to a multi-unit residence or any other place where the city manager reasonably determines that smoking in violation of this chapter has occurred, or is likely to occur. Signage required by this subsection shall not be subject to Chapter 17.72 ("Signs") of this code.

(Ord. No. 1457, § 5, 10-25-22)

A. Landlord Enforcement.

1. A tenant who breaches the smoking regulations included in a lease pursuant to subsection 8.06.040(8) of this chapter, or who knowingly allows another person to do so shall be liable to the landlord.

2. A landlord shall not be liable to any person for a tenant's breach of smoking regulations if:

a. The landlord has fully complied with the requirements of this chapter, and

b. Upon receiving a signed written complaint regarding prohibited smoking, the landlord provides a written warning to the offending tenant, stating that such tenant may be evicted if another complaint is received. Upon receipt of a second signed, written complaint against the offending tenant, the landlord may evict such tenant, but will not be held liable for the failure to do so.

3. Failure to enforce any smoking regulation of a lease or agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this section and shall not prevent future enforcement of any such smoking regulation.

B. Private Enforcement.

1. Any private enforcer may bring a civil action to enforce this chapter with the remedies specified below, if all of the following requirements are met:

a. The action is commenced more than sixty, but not more than one hundred days, after the private enforcer has given written notice of an alleged violation of this chapter to the city attorney and to the alleged violator;

b. The city attorney has approved the commencement of the civil action; and

c. No person acting on behalf of the city or the state has commenced or is prosecuting an action regarding the violation(s) which was or were the subject of the notice on the date the private action is filed.

2. Upon settlement or judgment of an action brought pursuant to this section, the private enforcer shall give the city attorney a notice of that settlement or judgment and of the final disposition of the case. No private enforcer may settle such an action unless the city attorney determines the settlement to be reasonable in light of the purposes of this chapter and any settlement in violation of this requirement may be set aside upon motion to a court of competent jurisdiction by the city attorney.

3. Upon proof of a violation of this chapter, the court may award the following:

a. Actual damages;

b. With insufficient or no proof of actual damages, two hundred fifty dollars for each violation of this chapter (hereinafter "statutory damages"). Unless otherwise specified in this chapter, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this chapter, no private enforcer suing on behalf of the general public shall recover statutory damages based upon a violation of this chapter if a previous claim brought on behalf of the general public for statutory damages and based upon the same violation has been adjudicated, whether or not the private enforcer was a party to that earlier adjudication. Statutory damages shall be capped at twenty-five thousand dollars:

c. Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public health and safety;

d. Attorney's fees and costs reasonably incurred by a successful party in prosecuting or defending an action; and

e. An injunction against further violations of this chapter.

C. Public Enforcement. A violation of this chapter is a public nuisance under Chapter 1.14 and may be prosecuted accordingly.

(Ord. No. 1457, § 6, 10-25-22)