Vista Municipal Code § 8.12 Smoking in Public Places

Section 8.12.010 Purpose

Because smoking of tobacco, or any other weed or plant, is a positive danger to health

and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined places, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any other weed or plant, in public places, places of employment, and controlled locations in accordance with this Chapter. Prior Code 14-31; Ord. No. 89-49, Enacted 1/8/90; Ord. No. 92-6, Amended 05/26/92; Ord. No. 2013-17, Amended 8/13/13; Ord. No. 2022-12, Amended 06/28/22)

Section 8.12.020 Definitions

For the purpose of this chapter, the following words and phrases shall apply:
A. “ Smoke” or “ Smoking”: the carrying of a lighted pipe, lighted cigar, or lighted

cigarette of any kind or the lighting of a pipe, cigar, or cigarette of any kind, whether the combustible material is tobacco or another substance. B. “ Place of Employment”: any area which is a place of employment for purposes of Section 6405.5 of the Labor Code. C. “ Public Place”: 1. Any enclosed area, other than a place of employment and those locations subject to the section 8.12.040, to which the public is invited or in which the public is permitted, including, but not limited to, restaurants, retail stores, retail service establishments, restrooms, theatres, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. 2. Any unenclosed dining area of an Eating Establishment plus a Reasonable Distance from said Unenclosed Dining Area. 3. Any area within the boundary of the City Hall Complex, Wave Water Park, the Public Library or an immediately adjacent parking lot owned by the City and serving those facilities, except within a designated smoking area. For the purpose of this section, the term boundary” shall mean the interior edge of the public sidewalk, but not including the sidewalk adjacent to the public or private street surrounding the City Hall Complex, Wave Water Park, or Public Library or an immediately adjacent parking lot owned by the City and serving those facilities. For those areas of the City Hall Complex, Wave Water Park, Public Library, or an immediately adjacent parking lot owned by the City where no public or private street abuts, the boundary shall be designated by a boundary fence. D. “ Designated Smoking Area”: an outdoor area, designated by the City Manager, within the City Hall Complex, the Public Library or an associated and immediately adjacent

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parking lot owned by the City serving those facilities which is: ( 1) identified by conspicuous signage, and (2), which is at least twenty ( 20) feet away from any doorway or window that opens to the outdoors. E. “ Controlled Location”: any of the following enclosed locations: ( 1) warehouse facilities covered by Labor Code section 6404.5(d)(6); (2) tobacco shops and lounges; ( 3) any portion of a lobby for a hotel, motel or similar establishment that is subject to exclusion from a place of employment under Labor Code section 6404.5(d)(2); (4) any meeting or banquet rooms within a hotel, motel, or a similar establishment that is subject to exclusion from a place of employment under Labor Code section 6404.5(d)(2); and ( 5) any small business that is potentially excluded from the definition of place of employment by Labor Code section 6404.5(d)(14). F. “ Eating Establishment”: means a coffee shop, cafeteria, short- order café, luncheonette, sandwich shop, soda fountain, ice cream parlor, restaurant or similar establishment serving food to the public. This definition does not include bar establishments principally devoted to serving alcoholic beverages and in which serving food is incidental to the consumption of alcoholic beverages. G. “ Unenclosed Dining Area”: any area, not fully enclosed by a roof and/or walls, including streets and sidewalks, available to or customarily used by the general public or employees to consume food. H. “ Reasonable Distance”: a distance of no less than twenty ( 20) feet in any direction from the boundaries of an area in which smoking is prohibited. Prior Code 14-31; Ord. No. 89-49, Enacted 1/8/90; Ord. No. 92-6, Amended 05/26/92; Ord. No. 2009-18, Amended, 9/22/09; Ord. No. 2013-17, Amended 8/13/13; Ord. No. 2013-19, Amended 10/22/13; Ord. No. 2014-15, Amended, 06/24/14; Ord. No. 2022-12, Amended 06/28/22)

Section 8.12.030 Prohibitions

A. No person shall smoke in a public place, a controlled location, or place of

employment, except in designated smoking areas as defined in Section 8.12.040. B. No ashtrays or smoking disposal receptacles shall be placed in areas where smoking is prohibited. Prior Code 14-31.3; Ord. No. 89-49, Enacted 1/8/90; Ord. No. 92-6, Amended 05/26/92; Ord. No. 2013- 17, Amended 8/13/13; Ord. No. 2022-12, Amended 06/28/22)

Section 8.12.040 Exceptions - Areas Where Smoking is Permitted

The following areas are exempt from the mandatory no-smoking provisions of this chapter, and permit smoking. A. Private residences, except private residences licensed as family day care homes, during hours of operation as a family day care home. B. Guestroom accommodations in a hotel, motel, or similar transient lodging establishment, if approved by the management of that facility, but not to exceed forty percent of all available guestroom accommodations. C. Employee breakrooms designated by an employer for smoking, provided that all requirements of Labor Code section 6404.5(d)(13) are satisfied. D. Cabs of motortrucks or truck tractors, as defined in the Vehicle Code, if no nonsmoking employees are present. E. Patient smoking areas in long-term health care facilities, approved by the management of the facility, as defined in Section 1418 of the Health and Safety Code. F. Theatrical production sites, if smoking is an integral part of the story in the theatrical production, if approved by the management of the facility.

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G. Medical research or treatment sites, if smoking is an integral to any research and

treatment being conducted, if approved by the management of the facility. H. The designated consumption area of a temporary cannabis event that is permitted pursuant to Chapter 12.13 or Chapter 18.76. Prior Code 14-31.5; Ord. No. 89-49, Enacted 1/8/90; Ord. No. 2013-17, Amended and Renumbered 8/13/13; Ord. No. 2022-12, Amended 06/28/22; Ord. No. 2024-06, Amended 06/28/24; Ord. No. 2024-12, Amended 10/22/2024) Section 8.12.050 Posting of Signs

A. Where smoking is prohibited throughout an entire building and in all theatres, a

sign stating “No smoking” shall be posted at each entrance to the building or theatre. B. Where smoking is prohibited in an Unenclosed Dining Area of an Eating Establishment, a sign stating “ No smoking” shall be posted at each entrance to the Unenclosed Dining Area. C. Where smoking is permitted in designated areas of a building: ( 1) a sign stating Smoking is prohibited, except is designated areas” shall be posted at each entrance to the building; ( 2) the area where smoking is permitted shall be posted each entry to that area with a sign stating “ Designated smoking area except for guestrooms covered by the following clause;,” and ( 3) for hotels or motels which allowed smoking in select guest rooms as permitted by this Chapter, a sign shall be posted in each such guestroom which shall substantially read Designated smoking room” with an additional notice advising the guest that smoking may only occur within that room. D. Employers shall provide written information to employees concerning smoking at the place of employment, including the location of designated smoking areas, if any. E. The manner of such posting, including the wording, size, color design and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the owner, operator, manager or other person having control of such room, building or other place so long as clarity, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter. Prior Code 14-31; Ord. No. 89-49, Enacted 1/8/90; Ord. No. 2013-17, Amended and Renumbered 8/13/13; Ord. No. 2022- 12, Amended 06/28/22)

Section 8.12.060 Retaliation against Persons Requesting Compliance Prohibited

No person shall intimidate or threaten any reprisal or effect any reprisal for the purpose of

retaliating against another person because such other person seeks to attain compliance with the provisions of this chapter. Prior Code 14-31; Ord. No. 89-49, Enacted 1/8/90; Ord. No. 2013-17, Amended and Renumbered 8/13/13; Ord. No. 2022- 12, Amended 06/28/22)

Section 8.12.070 Penalties and Enforcement

A. Each incident of smoking in violation of this chapter is punishable pursuant to Chapter 1.16 of this code, or in alternative by the administrative code enforcement remedies of Chapter 1.13 of this code. B. Except as otherwise provided, enforcement of this chapter is at the sole discretion of authorized governmental officers to enforce this chapter pursuant to Chapters 1.13 and 1.16 of this code. Nothing in this chapter shall create a right of action in any person against the city or its agents for damages or to compel public enforcement of this chapter against private parties.

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C. Nothing in this Chapter shall limit the ability of any authorized governmental

officer to issue citations or to enforce any provision of state law prohibiting smoking. D. Labor Code section 6404.5, and not this Chapter, applies to the smoking of tobacco products in a place of employment and violations of that statute will be cited pursuant to that authority, not pursuant to this Chapter. E. The owner, operator, or manager of any public place, controlled location, or place of employment shall inform any person who violates this chapter by smoking in a public place or place of employment not designated as a smoking area, of the provisions of this chapter and may refuse services or sales to such persons or effect disciplinary actions. F. The City Manager or his designee shall be responsible for compliance with this chapter when facilities which are owned, operated, or leased by the City of Vista are involved. Prior Code 14-31; Ord. No. 89-49, Enacted 1/8/90; Ord. No. 92-6, Amended, 05/26/92; Ord. No. 2013- 17, Amended and Renumbered 8/13/13; Ord. No. 2022-12, Amended 06/28/22)

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Chapter 8. 16

Access to and Possession of Smoking Materials by Minors

Sections:

8. 16. 005 Definitions
9. 16. 010 Minor Possessing Smoking Materials — Prohibited
10. 16. 015 Retail Sale of Smoking Materials by Minors
11. 16. 030 Prohibition of Sale of Smoking Materials by Vending Machine
12. 16. 035 Retail Sale of Smoking Materials
13. 16. 038 Sale of Single Cigarettes Prohibited
14. 16. 040 Violation — Penalty

Section 8. 16. 005 Definitions

Electronic Smoking Device" means an electronic and/ 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. Electronic smoking device includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease. Electronic Smoking Device Paraphernalia" means cartridges, cartomizers, e- liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. means ( 1) tobacco in any form; ( 2) cigars, cigarettes and pipe Smoking Materials" fillers composed of any combustible substance of any kind; ( 3) an electronic smoking device; and ( 4) electronic smoking device paraphernalia. means a coin- operated mechanical container Smoking Materials Vending Machine" or device, used or intended to be used for the retail sale of smoking materials. Underage Person" means a person under the age of 21. Prior Code 14- 33; Ord. No. 94- 11, Amended, 04/ 26/ 94; Ord. 2014- 14, Repealed and Replaced, 06/ 24/ 14; Ord. No. 2016- 13, Amended, 9/ 13/ 16)

Section 8. 16. 010 Minor Possessing Smoking Materials for Use— Prohibited

It is unlawful for any person under the age of 21 years to use, or to have in their

possession, any smoking materials. A violation of this section shall be an infraction and is subject to a fine in an amount permitted by law, or by the provisions of Chapters 1. 12 or 1. 16 of this code. This section does not apply in instances where it would be preempted by applicable state law, including without limitation sales made to active duty military personnel who are at least 18 years of age and present an identification card issued by the United States Armed Forces. Prior Code 14- 32; Ord. No. 90- 38, Amended, 09/ 24/ 90; Ord. No. 94- 11, Amended, 04/ 26/ 94; Ord. 2014- 14, Repealed and Replaced, 06/ 24/ 14; Ord. No. 2016- 13, Amended, 9/ 13/ 16)

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Section 8. 16. 015 Retail Sale of Smoking Materials by Minors

A. It shall be unlawful for any person under the age of 21 years to directly engage in the retail sale of smoking materials unless the minor is supervised during the sale transaction by a person over the age of 21 years. B. It shall be unlawful for any person who owns, operates, or manages a business to allow a person under the age of 21 years to directly engage in the retail sale of smoking materials unless the minor is supervised during the sale transaction by a person over the age of 21 years. Ord. No. 96- 21, Enacted, 12/ 10/ 96; Ord. 2014- 14, Repealed and Replaced, 06/ 24/ 14; Ord. No. 2016- 13, Amended, 9/ 13/ 16)

Section 8. 16. 030 Prohibition of Sale of Smoking Materials by Vending Machine

No person, firm, or corporation shall sell, offer for sale, or distribute, smoking materials

from a smoking materials vending machine, or any other coin or token operated mechanical device designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms. Ord. No. 94- 11, Amended, 04/ 26/ 94; Ord. No. 96- 21, Amended, 12/ 10/ 96; Ord. 2014- 14, Repealed and Replaced, 06/ 24/ 14)

Section 8. 16. 035 Retail Sale of Smoking Materials

A. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to

be sold, offer for sale or display for sale, any smoking materials by means of self-service merchandizing, or by means other than vendor-assisted sales. Self-service merchandising" means open display of smoking materials that the public has access to without the intervention of an employee. Vendor- assisted" means only a store employee has access to the product and must assist the customer by supplying the product, and the customer does not take possession of the product until it is purchased. B. Any business which primarily sells smoking materials is exempt from this section if persons under the age of 21 years are excluded from entering the business premises. C. Businesses which need to make substantial modifications to the business premises to comply with this section must comply within 60 days after the ordinance becomes effective. All other businesses must comply by the 31 st day following adoption. D. A business which meets all of the following criteria shall be exempt from this section: 1. Allows members only to purchase products. 2. Requires all members to be 18 years or older. Ord. No. 96- 15, Enacted, 07/ 23/ 96; Ord. No. 96- 22, Amended, 12/ 10/ 96; Ord. 2014- 14, Repealed and Replaced, 06/ 24/ 14; Ord. No. 2016- 13, Amended, 9/ 13/ 16)

Section 8. 16. 038 Sale of Single Cigarettes Prohibited

It shall be unlawful for any person or business entity to sell, permit to be sold, offer for sale or display for sale, single cigarettes, whether or not such cigarettes are in the original packaging. This subsection does not apply to electronic smoking devices. Ord. No. 96- 21, Enacted, 12/ 10/ 96; Ord. 2014- 14, Repealed and Replaced, 06/ 24/ 14)

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Section 8. 16. 040 Violation - Penalty

Any violation of this chapter is an infraction and shall be punishable according to the

provisions of Chapters 1. 12 and 1. 16 of this code. Ord. No. 94- 11, Enacted, 04/ 26/ 94; Ord. 2014- 14, Repealed and Replaced, 06/ 24/ 14)

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Chapter 8. 20

County Crop and Plant Regulations Adopted

Sections:

8. 20. 010 Adoption of County Regulations Relating to Quarantines
9. 20. 020 Adoption of County Regulations Relating to Pest Control
10. 20. 030 Adoption of County Provisions Relating to Removal of Plants

Section 8. 20. 010 Adoption of County Regulations Relating to Quarantines

There is adopted by the City Council, for the purpose of regulating plant and other

quarantines as established by the State Director of Food and Agriculture and the County Agricultural Commissioner, that certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 1 of Division 3 of Title 6, relating to quarantine regulations. One copy of the County Code is filed in the Office of the City Clerk, and it is adopted and incorporated as though fully set out at length in this chapter. From the date on which the ordinance codified in this section takes effect, the provisions thereof are controlling within the limits of the city. Prior Code 8- 1; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 63- 13, Amended 2/ 15/ 63; Ord. No. 90- 16, Amended, 5/ 29/ 90)

Section 8. 20. 020 Adoption of County Regulations Relating to Pest Control

There is adopted by the City Council, for the purpose of controlling pests, that certain

code known as the San Diego County Code of Regulatory Ordinances, Chapter 2 of Division 3 of Title 6, relating to pest control. One copy of the County Code is filed in the Office of the City Clerk, and it is adopted and incorporated as though fully set out at length in this chapter. From the date on which the ordinance codified in this section takes effect, the provisions thereof are controlling within the limits of the city. Prior Code 8- 2; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 63- 13, Amended 2/ 15/ 63; Ord. No. 90- 16, Amended, 5/ 29/ 90)

Section 8. 20. 030 Adoption of County Provisions Relating to Removal of Plants

A. Subject to the provisions of Section 1. 04. 040 of this Code, Chapter 3 Division 3, Title 6 of the San Diego County Code, entitled " Removal of Plants," as amended through August, 1965, is adopted as the regulations of the City therefore, and such provisions are referred to, adopted and made a part of this chapter as if fully set forth in this chapter. B. Three copies of such provisions of the County Code are on file in the Office of the City Clerk. Prior Code 8- 3; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 63- 13, Amended 2/ 15/ 63)

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Chapter 8.24

Food Vending Vehicles

Sections:

8.24.010 Definitions 8.24.020 Food Vending Vehicle Permit Required 8.24.030 Food Vending Vehicle Permit – Application – Inspection 8.24.040 Food Vending Vehicle Permit – Issuance and Denial – Term 8.24.050 Operator Permit Required 8.24.060 Operator Permit – Application 8.24.070 Operator Permit – Issuance or Denial – Term 8.24.080 Posting and Display Requirements 8.24.090 Suspension or Revocation of Permit 8.24.100 Appeal of Action on Permit 8.24.110 General Operating Requirements and Prohibitions 8.24.120 Prohibitions and Limits for Operations within the Public Right-of-Way 8.24.130 Prohibitions and Limits for Operations on Public Property 8.24.140 Prohibitions and Limits for Operations on Private Property 8.24.150 Penalty