Soledad Municipal Code Ch. 12.16 Smoking in Public Places

The city council finds and declares that smoke from pipes, cigars and cigarettes is a hazard to the health of the general public and therefore enacts this chapter pursuant to Section 7 of Article XI of the Constitution of the state, granting the power to a city to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

(Prior code § 19-4)

As used in this chapter, " smoke" or "smoking" means the carrying of a lighted pipe, cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind.

(Prior code § 19-5)

Every room, building or place where smoking is prohibited by this chapter shall be posted conspicuously with not less than one "no smoking" sign with letters not less than four inches high.

(Prior code § 19-6)

No person shall smoke or engage in smoking in any of the following places in the city:

A. Within any room, chamber, place of meeting or public assembly under the control of the city or any political subdivision of the state during such time as a public meeting is in progress conducted by:

1. The city council, or any city board, committee or commission, or committee thereof, or

2. By any city-county or city-district board, committee or commission, or committee thereof;

B. Within waiting rooms or public hallways of a private or public health care facility, including but not limited to medical offices and clinics, hospitals and other similar facilities used by the public; provided, that this prohibition shall not apply to a separate waiting room in a facility where smoking is permitted as long as there also exists a waiting room in the same facility in which smoking is prohibited;

C. Within halls, reading and viewing rooms of libraries and buildings used for public displays or exhibitions, when open to the public.

(Prior code § 19-7)

No person shall smoke or engage in smoking within any elevator, corridor or other public area of a public or private building not otherwise covered by the provisions of Section 12.16.040, while open for public use, if the owner, operator, manager or other person having control of the public area has posted therein at least one "no smoking" sign as provided in Section 12.16.030. "Public area," as used in this section, includes each public area of the building as a whole, as well as each public area of any separately occupied portion of the building, such as an office or other quarters occupied by a tenant.

(Prior code § 19-8)

It is unlawful for any person to smoke or engage in smoking in any place where smoking is prohibited by this chapter. It also is unlawful:

A. For any person who owns, manages or otherwise controls any place described in Section 12.16.040 to knowningly permit a violation of that section by failure to properly post signs as required by Section 12.16.030;

B. For any person to wilfully remove, deface or destroy any sign posted within the city pursuant to Section 12.16.030.

(Prior code § 19-9)

Violation of any provisions of this chapter constitutes an infraction. Each such infraction is punishable by a fine not to exceed twenty-five dollars.

(Prior code § 19-10)