Thousand Oaks Municipal Code Ch. 5 Smoking

This chapter controls exposure to second-hand smoke by prohibiting smoking at certain locations. Exposure to second-hand smoke is a significant health hazard for several population groups, including elderly people, individuals with cardiovascular diseases, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Health hazards induced by breathing second-hand smoke also include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm. The intent and purpose of prohibiting smoking at the identified locations is to protect the public health, safety, and welfare by reducing the number of locations in Thousand Oaks where exposure to second-hand smoke can occur.

(§ 2, Ord. 1502-NS, eff. August 7, 2008)

The following words and phrases, as used in this chapter or in any other applicable municipal regulation, shall have the following meanings:

(a) “Common area at a shopping center” means any outdoor common area of a shopping center accessible to and usable by the occupants or customers of more than one (1) retail establishment used as a lobby, outdoor eating area, play area, gathering area with either seats or benches provided, or gathering areas having a water feature such as a fountain.

(b) “Dining area” means a non-residential location where food or beverages are served by a business or routinely consumed by customers. This includes, but is not limited to, restaurant or bar seating areas, outdoor customer dining areas and patios.

(c) “Electronic cigarette” means any device or delivery system which can be used to deliver to a person nicotine, cannabis or other liquid product, in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah, including any component, part, or accessory of such device, that is used during the operation of the device.

(d) “Playground” means any park or recreational area designed in whole or in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar area or facility located on public or private school grounds, or on City property. “Playground” does not include the teeing areas, fairways, putting greens, and other playing and practice areas of a municipal golf course.

(e) “Outdoor gathering and event area” means any non-enclosed area accessible to the general public where people are gathered to witness or participate in an event. For the purposes of this section, such gathering and event areas include, but are not limited to, permanent or temporary grandstands, bleachers, other seating areas, standing areas, viewing areas, playing courts and fields, circulation areas, and ancillary areas such as lobbies, foyers, restrooms, and concession areas. For the purposes of this section, events include, but are not limited to, shows, movies, plays, lectures, exhibitions, demonstrations, concerts, competitions, sporting events, arts and crafts shows, fairs, pageants, and parades, whether or not an admission fee is required or other compensation is provided.

(f) “Service area” means a place where people use or wait for services provided by a private or government entity. This includes, but is not limited to, bus stops, ATM lines, information kiosks and theater lines.

(g) “Shopping Center” means any parcel of land used for retail sales by more than one (1) retailer that is jointly operated or which includes shared parking facilities.

(h) “Smoke or smoking” means the carrying or holding of a lighted pipe, cigar, cigarette, e-cigarette or any other lighted smoking product or equipment used to burn, aerosolize or vaporize any tobacco product, weed, plant, liquid product or any other combustible substance. Smoking includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, e-cigarette or any other smoking equipment used for burning, aerosolizing or vaporizing any tobacco product, weed, plant, or any other combustible substance.

(i) “Designated smoking area” means any area designated for smoking pursuant to this chapter. A designated smoking area shall be as small as practicable to accommodate the number of smokers that are expected to use the area, but in no event may the designated smoking area exceed more than twenty (20%) percent of the total event area. Designated smoking areas shall be posted with one (1) or more conspicuously displayed signs that identify the area as a designated smoking area.

(j) “Tobacco product” means 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 an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device.

(k) “Tobacco shops” means any retail or wholesale business establishment the main purpose of which is the sale of tobacco products, including but not limited to, cigars, pipe tobacco and smoking accessories.

(§ 2, Ord. 1502-NS, eff. August 7, 2008, as amended by § 2, Ord. 1505-NS, eff. October 9, 2008, as amended by part 1, Ord. 1659-NS, eff. January 1, 2019)

(a) It is unlawful for any person to smoke in the following places:

(1) Any playground and within twenty-five (25) feet thereof;

(2) Any public gardens;

(3) Any outdoor service area;

(4) The grounds of the Thousand Oaks Civic Arts Plaza, except in any designated smoking area;

(5) Any outdoor customer dining area, except where authorized by a permit issued pursuant to Section 6-5.110.

(6) The public portion of any public library grounds;

(7) Any Common Area at a Shopping Center;

(8) Out of doors within twenty-five (25’) feet of the entrance or exit of any building open to the public except tobacco shops that are a free standing business;

(9) Any outdoor gathering and event area, except in separate designated smoking area. This prohibition applies from the time sixty (60) minutes before the event begins to the time sixty (60) minutes after the event ends;

(10) A bus, taxi cab or other means of public transportation,

(b) No person, owner, business owner, operator or manager shall knowingly or intentionally permit smoking in a Common Area at a shopping center or in an outdoor dining area under his, her, or its legal or de facto control. This chapter does not require the physical ejection of any person from the business.

(§ 2, Ord. 1502-NS, eff. August 7, 2008 as amended by § 3 Ord. 1505-NS, eff. October 9, 2008)

(a) Smoking is permitted in any outdoor area not listed above in Sec. 6-5.103;

(b) Notwithstanding any other provision of this chapter, any owner, operator, manager, or other person who controls any establishment described in this chapter may declare that entire establishment as a nonsmoking facility.

(§ 2, Ord. 1502-NS, eff. August 7, 2008)

No person shalt dispose of any cigarette, e- cigarette, cigar or tobacco, or any part of a cigarette, e-cigarette or cigar, in any place where smoking is prohibited under this chapter, except in a designated waste disposal container.

(§ 2, Ord. 1502-NS, eff. August 7, 2008, as amended by part 1, Ord. 1659-NS, eff. January 1, 2019)

(a) “No Smoking” signs shall be conspicuously posted and an ashtray placed at every public entrance in every public place where smoking is prohibited by this chapter, and “smoking area” signs shall be posted only in those public areas authorized for smoking by this chapter.

(b) Every business or property subject to the provisions of this chapter shall post the required signs immediately upon commencing operations.

(c) Signs shall have letters of not less than one (1”) inch in height or shall have 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) not less than five (5”) inches in diameter. These signs shall be posted and maintained in good condition by the owner, operator, manager or other person having control of such building or other place.

(§ 2, Ord. 1502-NS, eff. August 7, 2008, as amended by part 1, Ord. 1659-NS, eff. January 1, 2019)

(a) On or after August 9, 2008, no person shall sell or dispense cigarettes or other tobacco products by vending machine or any other device that automatically sells or dispenses tobacco products.

(b) It is unlawful to sell cigarettes out of the manufacturer's package or without required health warnings.

(§ 2, Ord. 1502-NS, eff. August 7, 2008)

(a) It shall be 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 shall be 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 as provided in Section 1-2.03 of this Municipal Code.

(d) Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering.

(§ 2, Ord. 1502-NS, eff. August 7, 2008)

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

(§ 2, Ord. 1502-NS, eff. August 7, 2008)

(a) A permit for smoking in an outdoor customer dining area may be issued, after application to the Community Development Director, only if it is determined that all conditions in Section 6-5.110(b) are satisfied.

(b) Mandatory conditions that a restaurant shall comply with to receive a permit for allowing smoking in outdoor customer dining areas.

(1) The outdoor customer dining area has been permitted by an entitlement approved by the City.

(2) The approved perimeter of the outdoor customer dining area is not within twenty-five (25’) feet of any area where smoking is prohibited by Section 6-5.103(a), except the restaurant where the outdoor customer dining area is located, and also that it is not located within twenty-five (25’) feet of any outdoor customer dining area where smoking is prohibited.

(3) During the period of time that smoking is allowed, the approved perimeter of the outdoor customer dining area may not be within twenty-five (25’) feet of an entrance or exit of another business and/or occupant that is opened for business, based on that other business' or occupant's regular operational hours.

(4) All doors into the restaurant within twenty- five (25’) feet of the outdoor customer dining area where smoking is allowed must be self-closing and have a seal around the door to keep smoke from entering the restaurant when the door is closed.

(5) The outdoor customer dining area is not a common dining area serving more than one (1) restaurant.

(6) The outdoor customer dining area is not enclosed by a temporary canopy and side panels.

(7) A sign is placed at all entrances into the outdoor customer dining area from the restaurant, with letters not less than one (1”) inch in height, stating that smoking is allowed.

(c) Revocation. The City may revoke any permit approved pursuant to Section 6-5.110(a) upon a verified violation of any condition as set forth in Section 6-5.110(b), which has not been corrected within the time specified in the notice of violation. Any notification of revocation shall be provided in writing to the permit holder stating the specific condition(s) violated.

(d) Appeal. Any administrative decision to deny or revoke a permit under this section may be appealed pursuant to Title 1, Chapter 4, Article 1. An appeal may only be granted if the denial or revocation was the result of a mistake in a factual administrative determination regarding the permit application.

(e) Fees. The Community Development Department is hereby authorized to collect an application processing fee and, where applicable, an appeal fee, as set by Council resolution, to offset the cost of processing.

(§ 4, Ord. 1505-NS, eff. October 9, 2008)