South El Monte Municipal Code Ch. 8.42 Smoking Prohibitions

For purposes of this chapter, the following terms shall be defined as follows:

"Bar"

means a cocktail lounge, nightclub or facility that sells alcohol for on-premises consumption.

"Electronic cigarette"

means an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, including any such device that is manufactured, distributed, marketed or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or any other product name or descriptor. "Electronic cigarette" does not include any inhaler prescribed by a licensed physician.

"Enclosed"

means closed in by a roof and walls with appropriate openings for ingress and egress.

"Hotel"

means any building, or portion thereof designed or used for lodging persons for a period of less than thirty consecutive days. Hotels shall include, without limitation, any establishment held out to the public as a hostel, inn, time share project, tourist court or motel, but shall not include hospitals or governmental buildings where persons are detained under legal restraint, such as jails or prisons.

"Nonenclosed"

means predominantly outdoor area that does not meet the definition of "enclosed," including, but not limited to, an open air dining area.

"Open air dining area"

means any nonenclosed area located on private or public property, including public right-of-way, made available to or customarily used by the general public that is designed, established or regularly used for consuming food or beverages or where food or beverages are served, whether or not for compensation. An open air dining area does not include open air dining areas that are immediately adjacent to and accessory to a private smokers' lounge, as that term is defined in Labor Code Section 6404.5 or its successor statute.

"Restaurant"

means a facility that sells prepared foods and drinks for consumption on site.

"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 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 cigarette vapors, and marijuana smoke.

"Smoking"

means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe or a lighted hookah pipe; operating an electronic cigarette, vaping, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, an electronic cigarette, a hookah pipe, a cigar, or a cigarette of any kind.

(Ord. 1185 §2, 2014)

Smoking is prohibited inside any city building in the city, and in an outdoor area within twenty feet of a main exit, entrance or operable window of a city building.

(Ord. 1185 §2, 2014)

Smoking is prohibited in and within twenty-five feet of playgrounds and tot lot sandbox areas, as the terms are defined in California Health and Safety Code Section 104495(a).

(Ord. 1185 §2, 2014)

Smoking is prohibited in all restaurants, bars and open air dining areas and within five feet of all open air dining areas, except while actively passing an open air dining area on the way to another destination.

(Ord. 1185 §2, 2014)

Any restaurant, bar or business with an open air dining area subject to the prohibition set forth in Section 8.42.040 of this chapter shall post or cause to be posted and shall maintain "no smoking" signs in conspicuous locations within the open air dining area. All "no smoking" signs shall be prominently displayed, shall clearly recite the phrase "no smoking" and shall cite Section 8.42.040 of this chapter. The "no smoking" signs shall be posted not less than five feet nor more than eight feet above floor level and shall be of sufficient number and location to cause the message of the signs to be clearly visible and readable and must be made of permanent, weather resistant materials. No person shall willfully mutilate or destroy any sign required by this section.

(Ord. 1185 §2, 2014)

A. Any person who owns, operates, manages or controls a business within the city may designate the entire business as a "no smoking" area.

B. The provisions of this chapter shall not be construed to require the owner, operator or manager of any existing business to make any structural or other physical alterations, modifications or improvements to the business, other than the posting or placing of signs required by Section 8.42.050 of this chapter.

(Ord. 1185 §2, 2014)

A landlord of a residential dwelling unit, as defined in California Civil Code Section 1940, or his or her agent, may prohibit smoking as provided by California Civil Code Section 1947.5 and sections amendatory or supplementary thereto.

(Ord. 1185 §2, 2014)

Smoking is prohibited in all public parks, public schools, public playgrounds or publicly operated recreational ground facilities or buildings. Smoking is prohibited within twenty-five feet of city parks and recreation facilities, except while actively passing on the way to another destination.

(Ord. 1185 §2, 2014)

Smoking is prohibited on the city's public transportation service and in city vehicles.

(Ord. 1185 §2, 2014)

Smoking is prohibited at all family day care homes, as defined in California Health and Safety Code Section 1596.78.

(Ord. 1185 §2, 2014)

Smoking is prohibited in all enclosed spaces at places of employment, as "places of employment" are defined in California Labor Code Section 6404.5(b). Smoking is not prohibited in an enclosed place of employment that is a permitted electronic cigarette retailer, unless otherwise limited by the land use limitations contained in the city's zoning ordinance.

(Ord. 1185 §2, 2014)

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

B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or may be prosecuted as an infraction in the discretion of the city prosecutor.

D. The city prosecutor, any peace officer or city code enforcement officer shall have the authority to enforce the provisions of this chapter.

E. Punishment under this chapter shall not preclude punishment pursuant to any other provision of law pertaining to electronic cigarette smoking. Nothing in this chapter precludes any person from seeking any other remedies, penalties or procedures provided by law. The remedies provided in this section are cumulative and in addition to any other remedies available at law or in equity.

(Ord. 1185 §2, 2014)