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ARTICLE 7. SMOKING REGULATED IN CERTAIN PLACES
PATRONIZED BY PUBLIC
4-1-701: INTENT AND PURPOSE:
This Article controls exposure to secondhand smoke by prohibiting smoking at certain
locations. Exposure to secondhand smoke has been proven to cause adverse health
effects including but not limited to cancer, cardiovascular disease, respiratory infections,
asthma, and ear and nasal problems. 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 Burbank where exposure to secondhand smoke can occur. [Added
by Ord. No. 3055; amended by Ord. No. 3717, eff. 5/12/07; 3114.]
4-1-702: DEFINITIONS:
The following words and phrases have the meanings stated for the purposes of this Article:
ENCLOSED: Means a predominantly indoor area covered with a fixed structural roof and
generally closed off from the outside.
NON-ENCLOSED: Means a predominantly outdoor area that does not meet the definition of
"enclosed," including but not limited to patios, outdoor dining areas, and outdoor service
areas.
SMOKING: Means the burning, carrying, or holding of any lighted cigar, cigarette, pipe,
weed, plant, or other equipment or combustible substance that is intended to be inhaled
and/or exhaled. Smoking includes emitting or exhaling the fumes from any equipment or
substance listed herein. Without limiting the foregoing, this definition is not intended to
include the burning of incense, candles, and other similar materials. [Added by Ord. No.
3055, eff. 2/14/87; Amended by Ord. No. 3717, eff. 5/12/07.]
4-1-703: LOCATIONS WHERE SMOKING IS PROHIBITED:
A. City facilities and parks: Smoking is prohibited in all enclosed and non-enclosed
areas of any facility owned, leased, or operated by the City of Burbank and accessible to
the general public as determined by the property lines of such facility, except for 1) within
smoking areas designated pursuant to Section 4-1-705; 2) certain areas of the DeBell Golf
Course as provided in Subsection 3; and 3) public transit facilities, which are addressed
separately in Subsection F.
1.Such facilities include but are not limited to City Hall, City offices, parks,
recreation facilities, playgrounds, senior centers, meeting or conference facilities, libraries,
theaters and amphitheaters, child care facilities, recycling centers, and joint-use facilities
owne� by the Burbank Unified School District but open to the general public for recreation
purposes. .
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.
2. Such facilities also include City facilities that are not typically accessible to the
general public during such time that they may be accessed by the public, for example
during an open house or other community event at a City yard or utility facility.
3. Smoking is not prohibited at the DeBell Golf Course 18-hole course or nine-hole
"Par 3" course. However, smoking is prohibited at the DeBell Golf Course driving range, in
dining areas and service areas at DeBell Golf Course as provided in Subsections D and E,
and within 20 feet of any building opening as provided in Subsection J.
Smoking is further prohibited on all sidewalks and public rights-of-way within 20 feet of the
property lines of any City facility identified in this Subsection A.
B. Downtown Burbank: Smoking is prohibited on all non-enclosed sidewalks, paseos,
and other pedestrian areas in Downtown Burbank accessible to the general public, except
within smoking areas designated pursuant to Section 4-1-705.
1. For the purposes of this Section, Downtown Burbank means the area bounded
by Angeleno Avenue, Third Street, Magnolia Boulevard, and First Street; and the area
commonly known as the Burbank Town Center and bounded by Magnolia Boulevard, Third
Street, Burbank Boulevard, and the Golden State Freeway.
2. This prohibition applies to the sidewalks along public and private streets within
and around the perimeter of the area defined in Subsection 1, pedestrian alleys, pedestrian
paseos and plazas including but not limited to the paseo along the former Palm Avenue
between First Street and San Fernando Boulevard, walkways providing access from parking
lots and structures to stores or sidewalks, and all other pedestrian paths or areas that are
accessible to the general public.
Smoking is further prohibited in all non-enclosed areas within five (5) feet of any pedestrian
path or area identified in this Subsection B.
C. Chandler Bikeway: Smoking is prohibited on the Chandler Bikeway. For the
purposes of this Section, the Chandler Bikeway means the entire area between the curbs of
the median of Chandler Boulevard between Mariposa Street and the Ciry boundary with the
City of Los Angeles, including the paved bicycle and pedestrian paths and landscaped
areas. Smoking is further prohibited on all sidewalks and public rights-of-way within 20 feet
of the Chandler Bikeway.
D. Outdoor dining areas: Smoking is prohibited in all outdoor dining areas open to the
public except within smoking areas designated pursuant to Section 4-1-705. For the
purposes of this Section, outdoor dining area means any non-enclosed area open to the
public in a non-residential zone or adjacent right-of-way, or in a residential zone or adjacent
right-of-way and utilized for non-residential purposes, where food or beverages are served,
whether or not for compensation, or where food or beverages are routinely consumed by
customers. This includes but is not limited to restaurant and bar standing and seating areas
and patios. Smoking is further prohibited in all non-enclosed areas within five (5} feet of any
outdoor dining area.
E. Outdoor service areas: Smoking is prohibited in outdoor service areas. For the
purposes of this Section, outdoor service area means any non-enclosed area where one or
more persons wait for or receive goods or services of any kind, whether or not such service
involves the exchange of money. This includes but is not limited to lines or waiting areas for
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ATM machines, information kiosks, banks, restaurants and other food service, tickets, and
admission to a theater or event; waiting areas at car washes and vehicle service
establishments; and valet parking pick-up areas. Smoking is further prohibited in all non-
enclosed areas within 20 feet of any outdoor service area.
F. City transit vehicles and stations: Smoking is prohibited in all city transit vehicles
and at all city transit stations, except within smoking areas designated pursuant to Section
4-1-705.
1. For the purposes of this Section, city transit vehicles include all buses, shuttles,
and similar transit vehicles owned or operated by the City of Burbank or its contractors on
behalf of the City.
2. For the purposes of this Section, city transit stations means all City-owned
enclosed and non-enclosed multi-modal platforms, sidewalks, shelters, benches, and areas
where people wait for trains, buses, taxis, or other public transit, and ancillary areas such as
restrooms, vending machine or kiosk areas, bicycle parking areas, and pedestrian paths
and walkways. This includes but may not be limited to the facility commonly known as the
Downtown Burbank Station on Front Street, but does not include individual bus stops
generally located in public rights-of-way.
Smoking is further prohibited in all non-enclosed areas within 20 feet of those areas
identified in Subsection 2. Smoking is not prohibited in vehicle parking lots or structures
that serve transit stations or stops, except within 20 feet of those areas identified in
Subsection 2.
G. Outdoor gathering and event areas: Smoking is prohibited in any non-enclosed
area accessible to the general public where people are gathered to witness or participate in
an event except within smoking areas designated pursuant to Section 4-1-705. This
prohibition applies from the time 60 minutes before the event begins to the time 60 minutes
after the event ends.
1. 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.
2. 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.
3. This is not intended to prohibit the smoking of non-tobacco-product "stage
cigarettes" or similar materials in the form or cigars or pipes by performers. Smoking is
further prohibited in all non-enclosed areas within 20 feet of any outdoor gathering or event
area.
H. Outdoor shopping areas and centers: Smoking is prohibited in any outdoor
shopping area or outdoor shopping center except within smoking areas designated
pursuant to Section 4-1-705.
1. For the purposes of this Section, outdoor shopping area means a non-enclosed
area where goods or services are sold, including but not limited to a Farmers Market, swap
meet, street fair, plant nursery, or outdoor retail product display area.
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2. For the purposes of this Section, outdoor shopping center means the non-
enclosed portions of a multi-tenant shopping center with retail, commercial service, and/or
restaurant tenants, where the tenant entrances open to a non-enclosed common area. This
includes pedestrian sidewalks, walkways, paseos, and other pedestrian circulation areas
within the property boundaries of the shopping center that are commonly used and
accessed by the patrons of the shopping center.
Smoking is further prohibited in all non-enclosed areas within 20 feet of any outdoor
shopping area or outdoor shopping center. Smoking is not prohibited in vehicle parking lots
or structures that serve outdoor shopping areas or centers, or on public sidewalks adjacent
to outdoor shopping areas or centers, except within 20 feet of those areas where smoking is
prohibited.
I. Elevators: Smoking is prohibited in any elevator, whether or not accessible to the
general public.
J. Proximity to buildings: Smoking is prohibited within 20 feet of any entrance or exit,
open window (including drive-through, drive-up, and walk-up service windows), air intake, or
other opening of a building or other enclosed space that is open to, and while open to the
general public. This includes but is not limited to offices, stores, banks, museums, and
theaters. This prohibition does not apply to outdoor dining areas as defined in Subsection
D.
K. Designated non-smoking areas: Smoking is prohibited in any area where the
person or entity that either owns or exercises management and control over the property
has declared the area, where smoking would otherwise be allowed, to be a non-smoking
area.
L. Common residential areas: Smoking is prohibited in all enclosed common areas
and within five (5) feet of entrances, exits, walkways and hallways in residential
development projects including apartments, condominiums, retirement homes, nursing
homes, assisted living facilities, and residential portions of mixed-use projects except within
smoking areas designated pursuant to Section 4-1-705. Common areas are those areas
that are accessible to all residents living in the development, including but not limited to
hallways, stairways, elevators, lobbies, laundry rooms, trash rooms, recreation rooms and
gyms. Common area does not include swimming pools, decks, patios, yard areas, play
areas, driveways, parking lots and garages, or private balconies or patios that are not
generally accessible to other residents. [Added by Ord. No. 3055, eff. 2/14/87; Amended by
Ord. No. 3717, eff. 5/12/07.]
4-1-704: LOCATIONS WHERE SMOKING IS PERMITTED:
Smoking is permitted in the locations provided in this Section, even when smoking would
otherwise be prohibited per Section 4-1-703.
A. Private residences: Smoking is permitted inside attached and detached private
residences and in any private non-enclosed area that is not accessible to other residents,
including private balconies and patios and non-common yard areas, except when a
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residence is being used for child care or as a health care facility subject to applicable
licensing requirements. This does not preclude a person or entity that owns or controls
private residential property, including but not limited to a condominium association or an
apartment complex owner, from prohibiting smoking within private residences under its
control.
B. Private vehicles: Smoking is permitted inside a private vehicle.
C. Designated smoking areas: Smoking is permitted in any smoking area designated
pursuant to Section 4-1-705. [Added by Ord. No. 3055; amended by Ord. No. 3717, eff.
5/12/07; 3373, 3114.]
4-1-705: DESIGNATED SMOKING AREAS:
A. Designation: The owner or operator with control over any privately owned property
(i.e., Owner), or the City Manager or his or her designee for public rights-of-way or property
owned by or under the control of the City, may designate an area where smoking is
permitted in a location where smoking would otherwise be prohibited under Subsections A,
B, D, F, G, H, or L of Section 4-1-703. Except as provided under "Criteria" below, a
designated smoking area may be established without approval from the City of Burbank.
However, the City Manager or his or her designee may require that any designated smoking
area be modified or removed if, in the sole and absolute discretion of the City Manager or
his or her designee, it does not satisfy the criteria of Subsection B.
B. Criteria: A designated smoking area must satisfy all of the following criteria:
1. The smoking area is as small as is practicable to accommodate the number of
smokers that are expected to use the area. Notwithstanding this criteria, an Owner may not
designate a smoking area that would be smaller than fifty (50) square feet, or with a
dimension on any side less than five (5)feet.
2. Designated smoking areas within outdoor dining areas shall not exceed forty
percent (AO%) of the total floor area utilized for outdoor dining. The Owner may apply to the
City Manager, or his or her designee, for an administrative exception to increase the
designated smoking area to greater than forty percent (40%). An administrative exception
may be granted upon making the finding that the nature of the business in question is such
that the number of smokers expected to patronize the business is greater than that of
normal dining areas, such as tobacco or smoke shops or a bar.
3. The smoking area is not located within any area where smoking is prohibited
under Subsections C, E, I, or J of Section 4-1-703.
4. The smoking area is not located within five (5) feet of any entrance or exit, or
walkway to such entrance or exit, of any building or facility open to the public.
5. Within outdoor dining areas, designated smoking areas must be separated from
non-smoking areas with a physical barrier that prevents secondhand smoke from passing
between the two areas. The physical barrier shall be the lesser of (a) at least seven (7) feet
in height, or (b) extend to the ceiling or covering of the outdoor dining area. The Owner
may use a ventilation system in place of a physical barrier, provided such Owner
demonstrates to the satisfaction of the City Manager, or his or her designee, that the
proposed ventilation system will be at least as effective as a physical barrier in preventing
secondhand smoke from passing between designated smoking areas and non-smoking
areas.
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6. The smoking area is posted with one or more conspicuously displayed signs that
identify the area as a designated smoking area. [Added by Ord. No. 3055, eff. 2/14/87;
Amended by Ord. No. 3717, eff. 5/12/07.]
4-1-706: POSTING OF SIGNS:
A. Time of Posting: Every business or property subject to this ordinance shall post the
signs required by this Article within thirty (30) days of the Ordinance's effective date. Every
business or property which becomes subject to the provisions of this Article after the
effective date shall post the required signs immediately upon commencing operations.
B. Sign locations:
1. Every outdoor dining area, outdoor shopping area, and outdoor shopping center
where smoking is prohibited per Subsections D and H of Section 4-1-703 must have one or
more conspicuously displayed signs stating that smoking is prohibited in the area. Multiple
signs must be provided as appropriate for larger areas to ensure that signs are readily
visible to all users of the area.
2. Every entrance to a building or other enclosed space that is open to the general
public must have at least one conspicuously displayed sign stating that smoking is
prohibited within 20 feet of the entrance and other openings per Subsection J of Section 4-
1-703.
3. The City Manager will cause the installation of conspicuously displayed signs
indicating that smoking is prohibited at appropriate locations in all non-enclosed City
facilities and City-owned transit facilities and at the entrance to all enclosed City facilities
and City-owned transit facilities where smoking is prohibited per Subsections A and F of
Section 4-1-703.
4. The City Manager will cause the instaHation of conspicuously displayed signs
indicating that smoking is prohibited at appropriate locations along the Chandler Bikeway
and on public sidewalks and other public pedestrian areas in Downtown Burbank per
Subsections B and C of Section 4-1-703.
5. Signs required under this Section are exempt from the sign requirements in
Article 10 of Title 10 of this Code.
C. Sign content and materials:
1. The signs required by Subsection A must have text and/or graphics to clearly
indicate that smoking is prohibited in the area and include an appropriate Municipal Code
citation.
2. Any text must be clearly contrasted with the background and must be a
minimum of one inch tall. The text must state "No Smoking," "Smoke Free Area," or another
phrase to clearly indicate that smoking is prohibited.
3. Any graphics must be substantially similar to the international "No Smoking"
symbof, consisting of a pictorial representation of a burning cigarette enclosed�in a red circle
with a red bar across it.
4. All signs located in non-enclosed areas must be made of permanent, weather-
resistant materials. [Added by Ord. No. 3055, eff. 2/14/87; Amended by Ord. No. 3717, eff.
5/12/07.J
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4-1-707: DISPOSAL OF SMOKING WASTE:
No person shall dispose of any cigarette, cigar, tobacco, weed, plant, or other substance or
product intended to be inhaled and/or exhaled in any place where smoking is prohibited
under this Article except in a designated waste disposal container. [Added by Ord. No.
3055, eff. 2/14/87; Amended by Ord. No. 3717, eff. 5/12/07.]
4-1-708. ENFORCEMENT, VIOLATION, AND PROSECUTION.
A. Enforcement: The Chief of Police or his or her designee shall be responsible for
enforcing compliance with this Article.
B. Violation:
1. It shall be unlawful for any person, business, or entity to violate any provision of
this Article or to cause, permit or allow, aid, abet, or conceal a violation of any provision of
this Article.
2. It shall be unlawful for any person, business, or entity to knowingly permit or
allow smoking in an area that it either owns or over which it exercises management or
control in which smoking is prohibited by this Article.
C. Prosecution: Any violation of this Article shall be prosecuted pursuant to Section 1-
1-105 of this Code.
D. Public nuisance: The City Council hereby declares that exposing other persons to
secondhand smoke through a violation of this Article constitutes a public nuisance and may
be remedied as such.
E. Nonexclusive remedies and penalties: Punishment under this Section does not
preclude punishment pursuant to any other law pertaining to smoking or littering. Nothing in
this Section 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.
F. Other smoking laws: This A�ticle shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws. [Added by Ord. No. 3717,
eff. 5/12/07.]
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