Chapter 4 — TOBACCO CONTROL

The city council does hereby find that:

• A. The California Environmental Protection Agency has designated secondhand smoke as a substance that causes cancer in humans; and

• B. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

• C. Reliable studies continue to show that breathing secondhand smoke is a significant health hazard especially for pregnant women and their unborn children, infants and children, elderly people, individuals with cardiovascular disease, impaired respiratory function, including asthmatics and those with obstructive airway disease; and

• D. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and

• E. Nonsmokers and smokers who suffer allergies, respiratory diseases, and other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of such adverse reactions; and

• F. The United States Surgeon General has declared that nicotine is as addictive as cocaine or heroin; and

• G. The majority of people who become addicted to, and suffer health consequences from tobacco, begin using the substance prior to the legal purchase age of 18; and

• H. With certain exceptions, Labor Code section 6404.5 now prohibits smoking inside an enclosed place of employment; and

• I. State law prohibits smoking in and within 25 feet of public 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.

It is the intent of the city council in enacting this chapter to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco use around nontobacco 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 chapter 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. (Ord. 18-333, 2018)

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

Business. Any sole proprietorship, partnership, joint venture, corporation, association, landlord, or other entity whether formed for profit-making purposes or for nonprofit scientific, educational, service, charitable or other similar nonprofit purposes. A business also includes owner-operated entities with no employees in which the owner is the only worker.

Cannabis. The same as the definition of "cannabis" set forth in California Business and Professions Code section 26001 , as that section may be amended from time to time.

Dining Area. Any area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.

Employee. Any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.

Employer. Any business that retains the service of one or more employees.

Enclosed Area. 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. Any area under the legal or de facto control of an employer that an employee or the general public may have cause to enter in the normal course of the operations of a

business, regardless of the hours of operation.

Public Place. Any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. A private residence is not a "public place."

Reasonable Distance. 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.

Recreational Area. Any area that is publicly owned by the city of Solvang 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, walking paths, gardens, hiking trails, bike paths, riding trails, and skateboard parks.

Service Area. Any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term "service area" includes, but is not limited to, areas including or adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.

Significant Tobacco Retailer. Any tobacco retailer that derives 75% or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia.

Smoke. 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, vapors from an electronic device, and cannabis smoke.

Smoking. Inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic device, or plant product, using any other method or device that delivers nicotine or other natural or synthetic substances to a person, in any manner or in any form. "Smoking" also includes the use of an electronic device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral device for the purpose of circumventing the prohibition of smoking in this chapter.

Tobacco Product.

1. 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

2. Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

Notwithstanding any provision of subsections 1 and 2 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 drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

Unenclosed Area. Any area that is not an enclosed area. (Ord. 18-333, 2018)

All enclosed facilities owned by the city of Solvang shall be subject to the provisions of this chapter. Smoking and ashtrays are also prohibited within a reasonable distance of any enclosed city building or area where smoking is prohibited. (Ord. 18-333, 2018)

• A. Enclosed Public Places. Smoking and the use of tobacco products shall be prohibited in all enclosed public places within the city of Solvang 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 chapter does not regulate smoking in hotel and motel rooms rented to guests. Smoking is regulated by state law in these locations;

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

• B. Nonsmoking Establishment. 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.

• C. Unenclosed Areas. Smoking and the use of tobacco products is prohibited in the following unenclosed areas:

  1. Recreational areas which includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, riding trails, and skateboard parks;

  2. Service areas not including parking lots;

  3. Dining areas;

  4. Sidewalks within the TRC Tourist Commercial District referred to in title 11 , chapter 7 , article A of this code;

  5. 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 special event open to the general public.

• D. Reasonable Smoking Distance Required. In all unenclosed areas, smoking shall be prohibited within a reasonable distance from any doorway, window, 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. In all enclosed areas, smoking shall be prohibited within a reasonable distance from any doorway, window, crack, or vent out to an unenclosed area in which smoking is prohibited.

• (Ord. 18-333, 2018)

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

(Ord. 18-333, 2018)

"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 chapter, by the owner, operator, manager or other person having control of such building or other place. (Ord. 18-333, 2018)

• A. It is 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 is 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 a fine established in an amount pursuant to section 1-3-2 of this code.

• D. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.

• (Ord. 18-333, 2018; Ord. 23-0373, § 22)

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. 18-333, 2018)

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

(Ord. 18-333, 2018)

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. 18-333, 2018)