HomeMy WebLinkAboutOrd 1154A Related to Smoking 06-26-2008CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
INTEROFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Council
Carlos L. Ortega, City Manager
From: City Clerk on behalf of David J. Erwin, City Attorney
Date: June 23, 2008
Subject: JUNE 26. 2008. CITY COUNCIL AGENDA -
ORDINANCE NO. 1154AA - Amending and Restating Chanter 8.36 of the
Code of Palm Desert. California. Relating to Smoking
Following are the City Attorney's recommendations for disposition of the three Ordinances
appearing on the June 26 City Council Agenda.
• Ordinance No. 1154AA is the new, REVISED ordinance regarding the regulation
and prohibition of smoking.
Recommend it be passed to second reading.
• Ordinance No. 1154A was continued from the June 12 Meeting.
Recommend it be disregarded and receive no further action.
• Ordinance No. 1154 was the initial ordinance regarding regulation of secondhand
smoke introduced at the April 24 Meeting and passed to second reading at the
June 12 Meeting; it was continued to June 26.
Recommend it be removed from the agenda and receive no further action.
:,'ITY COUNCIL ACTION:
APPROVED DENIED ..
RECEIVED OT i,ER !! % Z(Z) r
tviEETINC DATE.,
•
AYES: r„.x.,.a,�.......-._....1 •
402,0.9.11.14.1
RACHELLE D. KLASS.N, CMC ..:
AB'ENT:
CITY CLERK ABSTAIN.
VERIFIED BY • � le hut
wi�.h CityClerk's" F f; .
Original on Of f arE.
* With City Council concurrence, removed from the agenda;
no action taken.
DJE:rdk
H IWPdataIWPDOCSIMemoslsmoking ords mem from DJE wpd
MEEf il�iti^+. �A i� [C' ' �� C�Q
I�C���TiNUED�o _ C� � �U�C%�� 1
�__ �
L� PASSED TO 2N0 READiNG �
Memorandu
To: City Council
FROM: David Erwin
DATE: June 12, 2008
RE: City of Palm Desert
Non-smoking Ordinance (xo. 1154A)
Attached please find the non-smoking ordinance you requested. Please note that
in my opinion, the City of Calabasas has the most comprehensive and restrictive non-smoking
ordinance in California. I used Calabasas as a model. In addition, my office called and emailed
management at The Beverly Hills Hotel to discuss its smoking policy several times, no one
responded. I imagine, however, that its smoking policy closely follows the City of Beverly Hills
Municipal Code which states:
Smoking is prohibited in all open air dining areas located on
private or public property, including the public right of way. In
addition, smoking is prohibited within five feet (5') of an open air
dining area, except while actively passing on the way to a�other
destination. Notwithstanding this prohibition, smoking shall be
allowed in up to twenty five percent (25%) of contiguous deck
space surrounding hotel swimming pools. (Beverly Hills Municipal
Code § 5-4-2)
A similar provision is in the draft ordinance.
Following is a list of the various local restricted smoking laws reviewed and
copies are attached:
Belmont
Beverly Hills
Burbank
Calabasas
El Cajon
San Luis Obispo
Santa Monica
I'll be happy to respond to any questions or make any modification desired by the
Council.
RMB US�DER W IM298011.1
ORDINANCE NO. 1154A
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA
AMENDING AND RESTATING CHAPTER 8.36 OF THE CODE OF PALM
DESERT, CALIFORNIA RELATING TO SMOKING.
The City Council of the City of Palm Desert, California does hereby ordain as
follows:
1. That Chapter 8.36 of the Code of the City of Palm Desert, California is
hereby amended and restated as follows:
"CHAPTER 8.36
REGULATION AND PRO�IIBITION OF SMOKING"
8.36.010 Purnose of chanter.
Smoking of tobacco, or any other weed or plant, is a positive danger to health and a
cause of material annoyance, inconvenience, discomfori and heallh hazard to those who are
present in confined places. In addition, the U.S. Surgeon General has concluded that there is
no risk-free level of exposure to secondhand smoke and neither separating smokers from
nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke.
Therefore, it is the City's intent to provide for the public health, safety and welfare by
prohibiting the smoking of tobacco, or any other weed or plant, in public places and places
of employment, except in designated smoking areas.
8.36.020 Definitions.
A. "Common area" means any indoor or outdoor common area of a shopping
mall accessible to and usable by the occupants or customers of more than one (1) retail
establishment, including but not limited to halls, lobbies, outdoor eating areas, playgrounds
and parking lots.
B. "Place of employment" means any areas under the control of a public or
private employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges, conference rooms and
employee cafeterias. A private residence is not a place of employment, except for child care
facilities in private homes.
R MB US\DER W IM297983.1
1
ORDINANCE N0. 1154A
C. "Public place" means:
1. Any area to which the public is invited or in which the public is
permitted, including, but not limited to, retail stores, retail service establishments, retail
food production and marketing establishments, restaurants, theaters, waiting rooms,
reception areas, educational facilities, health facilities and public transportation facilities. A
private residence or private country club is not a public place.
2. Areas measured a distance of fifty (50) feet from the entrances and
exits to City-owned public places.
3. Outdoor locations owned by the City which have a designated "no
smoking" sign posted at their normal entrances and exits to such outdoor locations,
including, but not limited to:
a. City-owned parks, playground, restrooms, baseball and soccer
fields, excepting therefrom the golf course area of Deseri Willow.
b. Outdoor public events including, but not limited to, sporis
events, zntertainment, speaking performances, ceremonies and fairs.
c. City property, except where specific signs are posted
permitting such smoking.
4. Such designated no smoking areas may contain specific limited areas
posted permitting smoking.
D. "Reasonable distance" means a distance of fifty (50) feet or, with respect to a
designated smoking area, such larger area as the City Manager reasonably determines in
writing to be necessary in a given circumstance to ensure that occupants of an area in which
smoking is prohibited are not exposed to second-hand smoke created by smokers outside
the area.
E. "Secondhand smoke" means the tobacco smoke created by burning or
carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an
individual who engages in smoking.
F. "Shopping mall" means any parcel of land zoned and used for retail sales by
more than one (1) retailer that is jointly operated or which includes shared parking facilities.
G. "Smoke", or "smoking" as defined in this chapter means and includes the
carrying of a lighted pipe, or the lighting of a pipe, cigar or cigarette of any kind.
RMB US\DGR W(M297983.1
2
ORDIIZANCE NO. 1154A
8.36.030 Prohibition.
A. Except as otherwise provided by this chapter or by state or federal law,
smoking is prohibited everywhere in the City, including but not limited to:
1. Public places;
2. Places of employment;
3. Hotels, businesses, restaurants and bars, and other public
accommodations, including the public right of way. In addition, smoking is prohibited
within a reasonable distance of a dining area, except while actively passing on the way to
another destination.
B. No person shall dispose of smoking waste or place or maintain a receptacle
for smoking waste in an area in which smoking is prohibited by this chapter or other law,
including within any reasonable distance required by this chapter.
8.36.035 Secondhand smoke—Declaration of nuisance.
Secondhand smoke constitutes a nuisance. Notwithstanding any other provisions of
ihis chapter, a private citizen may bring a legal action to abate secondhand smoke as a
nuisance and a trespass.
8.36.040 DesiQnation of smoking areas.
A. Places Where Smoking Permitted. Notwithstanding section 8.36.030 of this
chapter, smoking is permitted in the following locations within the City, unless otherwise
provided by state or federal law:
1. Private residential property, other than (a) those private residential
properties used as a child-care or health-care facility subject to licensing requirements when
employees, children or patients are present. Nothing in this chapter shall require a person or
entity who or which owns or controls a private residential property, including but not
limited to a condominium association or an apartment owner, to permit smoking and such a
person may prohibit smoking throughout the property he, she or it owns or controls.
2. Designated areas in shopping mall common areas, provided that (i)
there is not more than one square foot of area designated for smoking for every twenty
thousand (20,000) square feet of rentable space of the shopping mall (provided that each
shopping mall may have at least one (1) designated smoking area of forty (40) or fewer
square feet in area, (ii) the area is prominently marked with signs, (iii) it is located the
greatest distance practicable, and at least a reasonable distance, from any doorway or
opening into an area or any access way from parking facilities to the retail areas of the
shopping mall, (iv) smoke is not permitted to enter adjacent areas in which smoking is
prohibited by this chapter, other law or by the owner, lessee or licensee of the adjacent
property, and (v) the location(s) of the designated smoking area(s) is or are approved in
writing by the City manager of the City based on the standards of this subsection and the
goals of this chapter.
RMBUS�DER W IN1297983.I
3
ORDINANCE N0. 1154A
3. Any outdoor area in which no nonsmoker is present and, due to the
time of day or other factors, it is not reasonable to expect anoiher person to arrive.
B. Where smoking areas are designated, existing physical barriers and
ventilation systems shall be used to eliminate the toxic effect of smoke in adjacent
nonsmoking areas, but employers are not required to incur any expense to make structural
or physical modifications in providing these areas. There shall be no designated smoking
areas in areas that have a common or shared air space with other areas in which smoking is
prohibited such as, without limitation, air conditioning systems, heating systems, ventilation
systems, entries, doorways, hallways, and stairways or within a reasonable distance of
commercial building entrys. In all disputes in the work place, the rights of the nonsmoker
shall be given priority over the rights of the smoker.
C. No person shall smoke in an area in which smoking is otherwise permitted
by this chapter or other law within a reasonable distance from any entrance, opening, crack,
or vent into an area in which smoking is prohibited by this chapter, other law or by the
owner, lessee or licensee of that area.
8.36.050 Optional prohibition.
All managers and owners of any establishment exempted from the provisions of this
chapter pursuant to Seciion 8.36.070, serving or doing business with the public may, at their
discretion, post "No Smoking" signs within various areas of their businesses and utilize the
full right of the provisions of this chapter. No public place other than those enumerated in
Section 8.36.070 shall be designated as a smoking area in its entirety.
8.36.060 Posting of si�ns.
Signs which designate smoking or no-smoking areas established by this chapter
shall be clearly, sufficiently and conspicuously posted in every room, building or other
place so covered by this chapter. "No Smoking" signs shall be specifically placed in retail
food productions and marketing establishments, including grocery stores and supermarkets
open to t}�e public, so they are clearly visible to persons upon entering the store, clearly
visible to persons in checkout lines and clearly visible to persons at meat and produce
counters. 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. (Ord. 462 § 1 (part), 1986)
8.36.070 Exccntions.
A. Private offices, including those in the work place, hotels and motel meeting
and assembly rooms rented to guests, areas and rooms while in use for private social
functions, private hospital rooms, psychiatric facilities, jails, bar areas and stores that deal
exclusively in tobacco products and accessories.
B. Any owners or other person having control of a business or other
establishment subject to this chapter may apply to the City for an exemption or modification
of the provisions of this chapter due to unique or unusual circumstances or conditions
R M B US�UE R W IM297983.1
4
ORDINANCE N0. 1154A
8.36.080 Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate
against an employee or applicant for employment because such employee or applicant
exercises any rights afforded by this chapter.
8.36.090 Enforcement.
A. The owner, operator or manager of any facility, business or agency within
the purview of this chapter shall comply herewith. Such owner, operator or manager shall
post, or cause to be posted, all "No Smoking" signs required by this chapter. Such owner,
operator or manager shall not allow service to any person who violates this chapter by
smoking in a posted "No Smoking" area.
B. It shall be the responsibility of employers to disseminate information
concerning the provisions of this chapter to employees.
C. The City's zoning and license officers, police and fire personnel are
author�zed to issue citations for violation of the provisions of this chapter.
8.36.100 Violation—Penaltv.
Any person who violates any provision of this chapter by: (1) smoking in a posted
"No Smoking" area; (2) failing to post or cause to be posted a "No Smoking" sign required
by this chapter; or (3) violating any other provision of this chapter, is deemed guilty of an
infraction in accordance with chapter 1.12 of this code.
8.36.110 Severabilitv.
The City council declares that, should any section, paragraph, sentence or word of
this chapter of the code, hereby adopted, be declared, for any reason, to be invalid, it is the
R M B US\DER W IM297983.1
5
• ORDINANCE N0. 1154A
intent of the council that it would have passed all other portions of this chapter independent
of the eliminations herefrom of any such portion as may be declared invalid.
PASSED, APPROVED AND ADOPT'ED by the Palm Desert City Council this day of
, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN BENSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
K M B US\DER W IM297983.1
6
ORDINANCE NO. 1154A
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA
AMENDING AND RESTATING CHAPTER 8.36 OF THE CODE OF PALM
DESERT, CALIFORNIA RELATING TO SMOKING.
The City Council of the City of Palm Desert, California does hereby ordain as
follows:
1. That Chapter 8.36 of the Code of the City of Palm Desert, California is
hereby amended and restated as follows:
"CHAPTER 8.36
REGULATION AND PRO�IIBITION OF SMOKING"
8.36.010 Purnose of chanter.
Smoking of tobacco, or any other weed or plant, is a positive danger to health and a
cause of material annoyance, inconvenience, discomfori and heallh hazard to those who are
present in confined places. In addition, the U.S. Surgeon General has concluded that there is
no risk-free level of exposure to secondhand smoke and neither separating smokers from
nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke.
Therefore, it is the City's intent to provide for the public health, safety and welfare by
prohibiting the smoking of tobacco, or any other weed or plant, in public places and places
of employment, except in designated smoking areas.
8.36.020 Definitions.
A. "Common area" means any indoor or outdoor common area of a shopping
mall accessible to and usable by the occupants or customers of more than one (1) retail
establishment, including but not limited to halls, lobbies, outdoor eating areas, playgrounds
and parking lots.
B. "Place of employment" means any areas under the control of a public or
private employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges, conference rooms and
employee cafeterias. A private residence is not a place of employment, except for child care
facilities in private homes.
R MB US\DER W IM297983.1
1
ORDINANCE N0. 1154A
C. "Public place" means:
1. Any area to which the public is invited or in which the public is
permitted, including, but not limited to, retail stores, retail service establishments, retail
food production and marketing establishments, restaurants, theaters, waiting rooms,
reception areas, educational facilities, health facilities and public transportation facilities. A
private residence or private country club is not a public place.
2. Areas measured a distance of fifty (50) feet from the entrances and
exits to City-owned public places.
3. Outdoor locations owned by the City which have a designated "no
smoking" sign posted at their normal entrances and exits to such outdoor locations,
including, but not limited to:
a. City-owned parks, playground, restrooms, baseball and soccer
fields, excepting therefrom the golf course area of Deseri Willow.
b. Outdoor public events including, but not limited to, sporis
events, zntertainment, speaking performances, ceremonies and fairs.
c. City property, except where specific signs are posted
permitting such smoking.
4. Such designated no smoking areas may contain specific limited areas
posted permitting smoking.
D. "Reasonable distance" means a distance of fifty (50) feet or, with respect to a
designated smoking area, such larger area as the City Manager reasonably determines in
writing to be necessary in a given circumstance to ensure that occupants of an area in which
smoking is prohibited are not exposed to second-hand smoke created by smokers outside
the area.
E. "Secondhand smoke" means the tobacco smoke created by burning or
carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an
individual who engages in smoking.
F. "Shopping mall" means any parcel of land zoned and used for retail sales by
more than one (1) retailer that is jointly operated or which includes shared parking facilities.
G. "Smoke", or "smoking" as defined in this chapter means and includes the
carrying of a lighted pipe, or the lighting of a pipe, cigar or cigarette of any kind.
RMB US\DGR W(M297983.1
2
ORDIIZANCE NO. 1154A
8.36.030 Prohibition.
A. Except as otherwise provided by this chapter or by state or federal law,
smoking is prohibited everywhere in the City, including but not limited to:
1. Public places;
2. Places of employment;
3. Hotels, businesses, restaurants and bars, and other public
accommodations, including the public right of way. In addition, smoking is prohibited
within a reasonable distance of a dining area, except while actively passing on the way to
another destination.
B. No person shall dispose of smoking waste or place or maintain a receptacle
for smoking waste in an area in which smoking is prohibited by this chapter or other law,
including within any reasonable distance required by this chapter.
8.36.035 Secondhand smoke—Declaration of nuisance.
Secondhand smoke constitutes a nuisance. Notwithstanding any other provisions of
ihis chapter, a private citizen may bring a legal action to abate secondhand smoke as a
nuisance and a trespass.
8.36.040 DesiQnation of smoking areas.
A. Places Where Smoking Permitted. Notwithstanding section 8.36.030 of this
chapter, smoking is permitted in the following locations within the City, unless otherwise
provided by state or federal law:
1. Private residential property, other than (a) those private residential
properties used as a child-care or health-care facility subject to licensing requirements when
employees, children or patients are present. Nothing in this chapter shall require a person or
entity who or which owns or controls a private residential property, including but not
limited to a condominium association or an apartment owner, to permit smoking and such a
person may prohibit smoking throughout the property he, she or it owns or controls.
2. Designated areas in shopping mall common areas, provided that (i)
there is not more than one square foot of area designated for smoking for every twenty
thousand (20,000) square feet of rentable space of the shopping mall (provided that each
shopping mall may have at least one (1) designated smoking area of forty (40) or fewer
square feet in area, (ii) the area is prominently marked with signs, (iii) it is located the
greatest distance practicable, and at least a reasonable distance, from any doorway or
opening into an area or any access way from parking facilities to the retail areas of the
shopping mall, (iv) smoke is not permitted to enter adjacent areas in which smoking is
prohibited by this chapter, other law or by the owner, lessee or licensee of the adjacent
property, and (v) the location(s) of the designated smoking area(s) is or are approved in
writing by the City manager of the City based on the standards of this subsection and the
goals of this chapter.
RMBUS�DER W IN1297983.I
3
ORDINANCE N0. 1154A
3. Any outdoor area in which no nonsmoker is present and, due to the
time of day or other factors, it is not reasonable to expect anoiher person to arrive.
B. Where smoking areas are designated, existing physical barriers and
ventilation systems shall be used to eliminate the toxic effect of smoke in adjacent
nonsmoking areas, but employers are not required to incur any expense to make structural
or physical modifications in providing these areas. There shall be no designated smoking
areas in areas that have a common or shared air space with other areas in which smoking is
prohibited such as, without limitation, air conditioning systems, heating systems, ventilation
systems, entries, doorways, hallways, and stairways or within a reasonable distance of
commercial building entrys. In all disputes in the work place, the rights of the nonsmoker
shall be given priority over the rights of the smoker.
C. No person shall smoke in an area in which smoking is otherwise permitted
by this chapter or other law within a reasonable distance from any entrance, opening, crack,
or vent into an area in which smoking is prohibited by this chapter, other law or by the
owner, lessee or licensee of that area.
8.36.050 Optional prohibition.
All managers and owners of any establishment exempted from the provisions of this
chapter pursuant to Seciion 8.36.070, serving or doing business with the public may, at their
discretion, post "No Smoking" signs within various areas of their businesses and utilize the
full right of the provisions of this chapter. No public place other than those enumerated in
Section 8.36.070 shall be designated as a smoking area in its entirety.
8.36.060 Posting of si�ns.
Signs which designate smoking or no-smoking areas established by this chapter
shall be clearly, sufficiently and conspicuously posted in every room, building or other
place so covered by this chapter. "No Smoking" signs shall be specifically placed in retail
food productions and marketing establishments, including grocery stores and supermarkets
open to t}�e public, so they are clearly visible to persons upon entering the store, clearly
visible to persons in checkout lines and clearly visible to persons at meat and produce
counters. 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. (Ord. 462 § 1 (part), 1986)
8.36.070 Exccntions.
A. Private offices, including those in the work place, hotels and motel meeting
and assembly rooms rented to guests, areas and rooms while in use for private social
functions, private hospital rooms, psychiatric facilities, jails, bar areas and stores that deal
exclusively in tobacco products and accessories.
B. Any owners or other person having control of a business or other
establishment subject to this chapter may apply to the City for an exemption or modification
of the provisions of this chapter due to unique or unusual circumstances or conditions
R M B US�UE R W IM297983.1
4
ORDINANCE N0. 1154A
8.36.080 Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate
against an employee or applicant for employment because such employee or applicant
exercises any rights afforded by this chapter.
8.36.090 Enforcement.
A. The owner, operator or manager of any facility, business or agency within
the purview of this chapter shall comply herewith. Such owner, operator or manager shall
post, or cause to be posted, all "No Smoking" signs required by this chapter. Such owner,
operator or manager shall not allow service to any person who violates this chapter by
smoking in a posted "No Smoking" area.
B. It shall be the responsibility of employers to disseminate information
concerning the provisions of this chapter to employees.
C. The City's zoning and license officers, police and fire personnel are
author�zed to issue citations for violation of the provisions of this chapter.
8.36.100 Violation—Penaltv.
Any person who violates any provision of this chapter by: (1) smoking in a posted
"No Smoking" area; (2) failing to post or cause to be posted a "No Smoking" sign required
by this chapter; or (3) violating any other provision of this chapter, is deemed guilty of an
infraction in accordance with chapter 1.12 of this code.
8.36.110 Severabilitv.
The City council declares that, should any section, paragraph, sentence or word of
this chapter of the code, hereby adopted, be declared, for any reason, to be invalid, it is the
R M B US\DER W IM297983.1
5
• ORDINANCE N0. 1154A
intent of the council that it would have passed all other portions of this chapter independent
of the eliminations herefrom of any such portion as may be declared invalid.
PASSED, APPROVED AND ADOPT'ED by the Palm Desert City Council this day of
, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN BENSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
K M B US\DER W IM297983.1
6
, .� -CiSapter 20.5 REGULATION OF SMOKING* Page 1 of 7
I ��n�
I ��rn,
Chapter 20.5 REGULATION OF SMOKING*
*Editor's note: Section 1 of Ord. No. 874, adopted Aug. 10, 1993, amended Ch. 20.5 to read as
herein set out. Prior to such amendment, Ch. 20.5 consisted of§§ 20.5-1--20.5-12, which pertained to
smoking and derived from § 1 of Ord. No. 766, adopted May 12, 1987.
Sec. 20.5-1. Legislative intent.
The City Council of the City of Belmont finds and declares as follows:
(a) Numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution; and
(b) Reliable studies have shown that breathing secondhand smoke is a significant
health hazard for certain population groups, including elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease; and
(c) Health hazards induced by breathing secondhand smoke include lung cancer,
respiratory function, bronchoconstriction, and bronchospasm; and
(d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill
effects of breathing secondhand smoke may experience a loss of job productivity or may
be forced to take periodic sickleave because of adverse reactions to same; and
(e) Numerous studies have shown that a majority of both nonsmokers and smokers
desire to have restriction on smoking in public places; and
(� The purpose of this chapter is to protect the public health and welfare by regulating
smoking in public places as set forth herein.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-2. Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined
in this section:
(a) Bar is an enclosed and separate area which is devoted to the serving of alcoholic
beverages and in which the service of food is only incidental to the consumption of such
beverages.
(b) Bar area within an eating esfablishment is an area which is fifteen (15) feet or less
from the perimeter of a permanent counter which is primarily devoted to serving
alcoholic beverages and within which the service of food is only incidental to the
consumption of such beverages. The director of community development or his or her
designee may extend the fifteen-foot limit to encompass a larger area upon a
demonstration by the owner of an establishment that such area is primarily devoted to
the serving of alcoholic beverages and the service of food is only incidental to the
consumption of such beverages.
http://library2.municode.com/default/DocView/10411/1/103 4/25/2008
, Cfiapter 20.5 REGULATION OF SMOKING* Page 2 of 7
(c) Dining area means an enclosed area containing tables or counters upon which
meals are served.
(d) Employee means any person who is employed by an employer in consideration for
direct or indirect monetary wages or profit.
(e) Employer means any person who employs the services of an individual person.
(� Enclosed means closed in by a roof and by walls on at least three (3) sides.
(g) Open to the public means available for use by or accessible to the general public
during the normal course of business conducted by either private or public entities.
(h) Place of employment means any enclosed area under the control of a public or
private employer which empfoyees normally frequent during the course of employment,
including, but not limited to:
(1) Conference and classrooms;
(2) Employee cafeterias;
(3) Employee lounges;
(4) Hallways;
(5) Work area.
A private residence is not a "place of employment" unless it is used as a child care or
health care facility, and the dining area of a restaurant is not a "place of employment."
(i) Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette,
tavern, cocktail lounge, sandwich stand, soda fountain, private and public school
cafeteria or eating establishment, and any other eating establishment, organization, club
(including veterans' club), boardinghouse or guesthouse, the primary function of which is
to give, sell or offer for sale food to the public, guests, patrons or employees; except that
the term "restaurant" shall not include a tavern or a cocktail lounge if the tavern or
cocktail lounge is a "bar" as defined in such subsection (a) of this section.
(j) Retail tobacco store means a retail store utilized primarily for the sale of tobacco
products and tobacco accessories and in which the sale of other products is merely
incidental.
(k) Semiprivate room means a room in a public or private health care facility containing
two (2) beds for patients of the facility.
(I) Service line means any indoor line at which one (1) or more persons are waiting for
or receiving service of any kind, whether or not such service involves the exchange of
money.
(m) Smoke or smoking means and includes inhaling or exhaling upon, burning or
carrying any lighted smoking equipment for tobacco, or any other plant or product used
for the personal habit commonly known as smoking.
(n) Smoking victim means any person present in a place where smoking is prohibited
pursuant to section 20.5-3 of this chapter at the time that smoking occurs in such a
place.
(o) Sports arena means sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, rol{er and ice rinks, bowling alleys and other similar places where
members of the public assemble to engage in physical exercise, participate in athletic
competition or witness sports events.
(Ord. No. 874, § 1, 8-10-93)
http://library2.municode.com/defaulUDocView/10411/1/103 a���i�nnQ
� , Chapter 20.5 REGULATION OF SMOKING* Page 3 of 7
Sec. 20.5-3. Prohibition of smoking in public places.
Smoking shall be prohibited in the following public places and other public places similarly
situated, including, but not limited to, the following areas:
(a) All enclosed areas available to and customarily used by the general public,
including, but not limited to, all "public places" as defined in this chapter;
(b) Elevators, escalators and stairways;
(c} Public restrooms;
(d) Service lines;
(e) Buses, taxicabs and other means of public transit operating under the authority of
the City of Belmont, and ticket, boarding and waiting areas of public transit depots;
(fl All reception and waiting areas;
(g) Galleries, libraries and museums;
(h) All enclosed areas, including vehicles, owned or operated by the City of Belmont, or
any other government entity within the City of Belmont;
(i) Restaurants, both enclosed and outside areas;
(j) Libraries and museums;
(k) Any building not open to the sky which is used primarily for exhibiting any motion
picture, stage drama, lecture, musical recital or other similar performance, except when
smoking is part of any such production;
(I) Enclosed sports arenas and convention halls;
(m) Doctors' offices, dentists' o�ces, waiting rooms, hallways, wards and semiprivate
rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy
facilities and offices of all other health care providers;
(n) Lobbies, hallways, stairwells and other common areas in apartment buildings,
condominiums, senior citizen retirement or residential care houses, nursing homes and
other multiresidential facilities and buildings; and
(o) Public phone areas.
Notice of prohibition of smoking shall be posted.
(Ord. No. 874, § 1, 8-10-93}
Sec. 20.5-4. Regulation of smoking in places of employment.
(a) Smoking is prohibited in all places of employment as defined in this chapter, except those
places where smoking is not controlled under this chapter. This regulation applies to all private,
public and nonprofit employers in the City of Belmont.
(b) All employers, within the City of Belmont, shali communicate notice of the provisions of this
chapter to their employees, within ninety (90) days of the date of adoption of this.chapter.
(Ord. No. 874, § 1, 8-10-93)
http://library2.municode.com/defaulUDocView/10411/l/103 4/25/2008
� . CHapter 20.5 REGULATION OF SMOKING* Page 4 of 7
Sec. 20.5-5. Smoking not controlled.
(a) Notwithstanding any other provision of this chapter to the contrary, the following enclosed
areas shall not be subject to the provisions of this chapter:
(1) Bars and bar areas of restaurants;
(2) Private residences, except when the residences are utilized as a health care facility,
child care facility, family care home, foster care center, group home or senior care home;
(3) Retail tobacco stores;
(4) Hotel and motel lodging rooms rented to guests;
(5) Any conference or meeting room in hotels or motels or private banquet area when
these places are being used for private functions.
(b) Notwithstanding any other provision of this chapter any owner, proprietor, manager or other
person who controls any public place described in this section may declare that entire public
place as nonsmoking.
(c) All newly established bars in restaurants receiving a certificate of occupancy, and all
existing bars and bar areas in restaurants, the state license for which are transferred voluntarily
or involuntarily, after the effective date of this chapter, shall in order to be eligible for the
exemption under this section, have a ventilation system separate from that of any public place in
which smoking is not permitted by this chapter. The reason for this requirement is to prevent
venting or circulation of smoke from the bar into any other public place. Filtering of air in the bar
shall not be deemed compliance with this section. Smoking will not be permitted in newly
established bar areas in restaurants.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-6. Posting requirements.
(a) Each owner, operator, manager or other person having control of a public place or place of
employment within which smoking is regulated by this chapter, shall conspicuously post "No
Smoking" signs with letters not less than one (1) 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. At least one (1) sign shall be placed at the entrance to every applicable
facility.
(b) An owner, operator or manager of a building in which pursuant to these regulations there is
no smoking permitted in any space in the building, may limit the "No Smoking" postings ta first
floor entrances and exits and to elevator lobby areas of all other floors.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-7. Enforcement.
(a) It shall be the responsibility of the city manager or his/her designee to enforce the
provisions of this chapter.
(b} Any owner, manager, operator or employer of any establishment subject to this chapter
shall have the responsibility to inform any apparent violator, whether pubfic or employee, about
any smoking restrictions in said establishment.
(c) Any citizen who desires to register a complaint hereunder may do so by sending a letter to
the city council, mayor or city manage�.
http://library2.municode.com/default/DocView/10411/1/103 4/2_S/?��R
. Chapter 20.5 REGULATION OF SMOKING* Page 5 of 7
(d) Notice of these requirements shall be given every new business license applicant, and
every existing business licensee at the time of business license renewal.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-8. Nondiscrimination.
No person shafl discharge, refuse to hire or in any manner discriminate against any employee or
applicant for employment because such employee or applicant exercises any rights afforded by this
section.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-9. Violations and penalties.
(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) It is unlawful for any person who owns or controls premises subject to the prohibitions of
this chapter to fail to post sign(s) as required by this chapter.
(d) Any person who violates any provision of this chapter shall be guilty of an infraction,
punishable by:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation.
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of this
chapter within one (1) year.
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of
this chapter within one (1) year.
(e) Violation of the provisions of this chapter are declared to be a public nuisance which may
be abated by appropriate civil action.
(� The remedies provided by this section are cumulative and are in addition to any other
remedy existing at law or in equity.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-10. Private claim/action.
Any aggrieved person under this chapter may bring a civil action to compel compliance with this
chapter, provided that the person shall have first requested in writing that the city take appropriate
enforcement action and the city shall have failed to do so after forty-five (45) days.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-11. Public education.
The city manager or his/her designee shall engage in a continuing program to explain and
clarify the purposes of this chapter to citizens affected by it, and guide owners, operators, and
http://library2.municode.com/defaulVDocView/10411/1/103 4/25/2008
� , CHapter 20.5 REGULATION OF SMOKING* Page 6 of 7
� managers in their compliance with it. Within ninety (90) days of enactment of this chapter, the
city manager shall have prepared a brochure which can be used to explain the ordinance [chapter] to
businesses and citizens and can be enclosed in letters sent pertaining to complaints.
(Ord. No. 874, § 1, 8-10-93)
Secs. 20.5-12--20.5-19. Reserved.
Sec. 20.5-20. Purpose.
The city council of the City of Belmont finds as follows:
(a) The surgeon general of the United States and the U.S. department of health and
human services have found that a majority of those Americans who died of tobacco
caused diseases became addicted to nicotine in tobacco products as adolescents before
the age of legal consent.
(b) Cigarette smoking and other tobacco use by minors to be a continuing problem with
grave and public health consequences.
(c) The surgeon general of the United States has called for a ban on the sale of
cigarettes by vending machines.
(d) The availability of cigarettes and tobacco products marketed through vending
machines which dispense such products and when tobacco products are openly
displayed and easily accessible it promotes the use of tobacco products among minors
contrary to existing state laws which prohibit the sale or distribution of cigarettes and/or
tobacco products to persons under the age of eighteen (18).
(Ord. No. 902, 1-23-96)
Sec. 20.5-21. Tobacco product defined.
"Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff
or any other form of tobacco which may be utilized for smoking, chewing, inhalation or by means of
ingestion.
(Ord. No. 902, 1-23-96)
Sec. 20.5-22. Vending machine; sales prohibited.
No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a
vending machine or appliance, or other device designed or used for vending purposes.
(Ord. No. 902, 1-23-96)
Sec. 20.5-23. Self-service displays prohibited.
(a) No person, firm, association, or corporation shall sell, permit to be sold, or offer for sale any
cigarette or other tobacco product by means of self-service displays or by any means other than
vendor-assisted sales.
(b) Self-service display shall mean an open display of tobacco products that the public has
access to without the intervention or assistance of an employee. Vendor assisted shall mean
http://library2.municode.com/defaulVDocView/10411/1/]03 4/25/2008
. • C}iapter 20.5 REGULATION OF SMOKING* Page 7 of 7
that only a store employee has access to the tobacco product and assists the customer by
supplying the product.
(c) 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 eighteen (18) years or older.
(Ord. No. 902, 1-23-96)
Sec. 20.5-24. Violations and penalties.
(a) Any person who violates any provision of this chapter shall be guilty of an inf�action,
punishable by:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation.
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of this
chapter within one (1) year.
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of
this chapterwithin one (1) year.
(b) Violation of the provisions in this chapter are declared to be a public nuisance which may
be abated by appropriate civil action.
(c) The remedies provided by this section are cumulative and are in addition to any other
remedy existing at law or in equity.
(Ord. No. 9Q2, 1-23-96)
IlBelmont, CalifornialCODE OF ORDINANCES City of BELMONT, CALIFORNIA Codified
through Ord. No. 1022, adopted Oct. 10, 2006.�(Supplement No. 29)/Chapter 20.5
REGULATION OF SMOKING*
http://library2.municode.com/default/DocView/10411/1/103 4/25/2008
�
' S-4-1: DCFINITIONS: Page 1 of 1
5-4-1: DEFINITIONS:
ENCLOSED: Closed in by a roof and walls with appropriate openings for ingress and egress.
HOTEL: Shail have the same definition as that set forth in title 10, chapter 3 of this code.
NONENCLOSED: A predominantly outdoor area that does not meet the definition of
"enclosed", including, but not limited to, open air dining areas.
OPEN AIR DINING AREA: Any nonenclosed area located on private or public property made
available to or customarily used by the general public that is designed, established or regularly
used for consuming food and/or beverages or where food and/or beverages are served
whether or not for compensation. This includes, but is not limited to, restaurants, hotels, bar
standing and seating areas, patios, and coffee shops. 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.
SMOKE OR SMOKING: The carrying or holding of a lighted pipe, cigar, cigarette, or other kind
of smoking equipment, or the lighting or the emitting or exhaling of the smoke of a pipe, cigar,
cigarette or other kind of smoking equipment. Smoke also means the gaseous products and
particles created by the use of a lighted pipe, cigar, cigarette, or other kind of smoking
equipment. (Ord. 07-0-2518, eff. 10-1-2007)
http://66.113.195.234/CABeverly%20Hills/0600400000000]OOO.htm 5/20/2008
' S�4-2: SMOKING IN OPEN AIR DINING AREAS PROHIBITED: Page 1 of 1
5-4-2: SMOKING IN OPEN AIR DINING AREAS PROHIBlTED:
Smoking is prohibited in all open air dining areas located on private or public property,
including the public right of way. In addition, smoking is prohibited within five feet (5') of an
open air dining area, except while actively passing on the way to another destination.
Notwithstanding this prohibition, smoking shall be allowed in up to twenty five percent (25%) of
contiguous deck space surrounding hotel swimming pools. (Ord. 07-0-2518, eff. 10-1-2007)
httv://66.113.195.234/CABeverly%20Hills/06004000000002000.htm 5/20/2008
' S-4-3: POSTING OR PLACING OF SIGNS: Page 1 of 1
5-4-3: POSTING OR PLACING OF SIGNS:
Any business with an area subject to the prohibition set forth in section 5=4-2 of this chapter
shall post or cause to be posted and shall maintain "no smoking" signs in conspicuous
locations within said area. All such signs shall be prominently displayed, shal( clearly recite the
phrase "no smoking" and/or use the international no smoking symbol and shall cite section 5-
4-2 of this chapter. Such signs shall be posted not less than five feet (5') nor more than eight
feet (8') 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 wilfully mutilate or destroy any sign required by this
section. Signs required under this section are exempt from the sign requirements in title 10,
chapter 4 of this code. (Ord. 07-0-2518, eff. 10-1-2007)
http://66.113.195.234/CABeverly%20Hills/06004000000003000.htm 5/20/2008
' S-4-4: RIGHTS AND OBLIGATIONS OF OWNERS, OPERATORS AND EMPLOYER... Page 1 of 1
� 5-4-4: RIGHTS AND OBLIGATIONS OF OWNERS, OPERATORS AND
EMPLOYERS:
A. Any person who owns, operates, manages, or controls any business regulated by this
chapter 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 such business, other than the posting or placing of signs
required by section 5=4-3 of this chapter. (Ord. 07-0-2518, eff. 10-1-2007)
http://66.1 l 3.195.234/CA/Beverly%20Hills/06004000000004000.htm 5/20/2008
' S-4-5: PROHIIIITION OF CIGARETTE VGNDING MACHINES: Page 1 of 1
5-4-5: PROHIBITION OF CIGARETTE VENDING MACHINES:
Unless otherwise prohibited by state or federal law, no person shall install, place, operate, or
maintain within the city any cigarette vending machine. "Cigarette vending machine" shall
mean any self-service device which, upon insertion of money or tokens, dispenses cigarettes
without the necessity of replenishing the device between each vending operation. (Ord. 07-0-
2518, eff. 10-1-2007)
http://66.113.195234/CABeverly%20Hills/06004000000005000.htm 5/20/2008
� 5-4-6: PCNALTIES AND ENPORCEMENZ�: Page 1 of 1
5-4-6: PENALTIES AND ENFORCEMENT:
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 an infraction.
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 provision of
law pertaining to smoking or littering. 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. 07-0-2518, eff. 10-1-2007)
http://66.113.195.234/CABeverly%20Hills/06004000000006000.htm 5/20/2008
. �
� � �-1rk�cn Ic
►'Y�u n. <'oc�l�
TITLE 4
HEALTH AND SANITATION
Health.................................................................................................... Chapter 1
Solid Waste, Weeds And Litter................................................................... Chapter 2
1
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.
19
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
20
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.
21
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 ihe 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.j
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
22
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 (40%) 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.
23
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 approp�iate 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"
symbol, consisting of a pictorial representation of a burning cigarette enclosect 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 O�d. No. 3717, eff.
5/12/07.J
24
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 Article 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.]
25
-� Chapter 8.12 SECOND-��AND SMOKE CONTROL* Page I of 7
� Titie 8 HEALTH AND SAFETY �� �"�`�'�`�
Chapter 8.12 SECOND-HAND SMOKE CONTROL'
Editor's Note:
8.12.010 Title.
8.12 020 Purpose.
8.12 030 Definitions.
8.12.035 Second-hand smoke generally.
8.12.040 Prohibition of smoking.
8.12.050 Reasonable distance required.
8.12.051 No smoking common areas, designated smoking area.
8.12.053 Smoke-free buffer zones.
8.12.055 Smoke-free multi-unit residences.
8.12.057 Required lease terms.
8.12 059._.Disclosure of u_nits_subject_to smoking restrictions,b�.landlord.
8.12.060 Allowing, aiding or abettiny smoking,
8.12.070 Penalties and enforcement.
8.12.080 Private enforcement.
Editor's Note:
' Prior ordinance history: Ord. 93-61.
8.12.010 Title.
This chapter may be referred to as the city's"Comprehensive Second-hand Smoke Control
Ordinance." (Ord. 2006-217 § 2 (part), 2006)
8.12.020 Purpose.
The purposes of this chapter are to:
A. Protect the public health, safety and general welfare by prohibiting smoking in public places
and in multifamily rental housing under circumstances where other persons will be exposed to
second-hand smoke;
B. Ensure a cleaner and more hygienic environment for the city, its residents, and its natural
resources, including its creeks and streams;
http://municipalcodes.lexisnexis.com/codes/calabasas/_DATA/T1TLE08/Chapter_8_12_ . 4/25/2008
� Chapter 8.12 SECOND-HAND SMOKE CONTROL* Page 2 of 7
C. Strike a reasonable balance between the needs of persons who smoke and the needs of
nonsmokers, including children, to breathe smoke-free air, recognizing the threat to public health
and the environment which smoking causes;
D. Recognize the right of residents and visitors to the ciry to be free from unwelcome second-
hand smoke. (Ord. 2008-239 § 1, 2008: Ord. 2006-217 §2 (part), 2006)
8.12.030 Definitions.
The following definitions shall govern construction of this chapter unless the context clearly
� requires otherwise:
"Business" means any sole proprietorship, partnership,joint venture, corporation, association, or
other entity formed for profit-making purposes or that has an employee.
"Common area at a shopping mall" means any indoor or outdoor common area of a shopping
mall accessible to and usable by the occupants or customers of more than one retail
establishment, including but not limited to halls, lobbies, outdoor eating areas, playgrounds and
parking lots.
"Employee" means any person who is employed or retained as an independent contractor by any
employer or any person who volunteers his or her services for an employer, association, or
nonprofit entity.
"Employer" means any person, partnership, corporation, association, nonprofit or other entiry who
or which employs or retains the service of one or more employees.
"Enc{osed area" means:
1. Any covered or partially covered area having more than fifty (50) percent of its perimeter
walled or otherwise closed to the outside such as, for example, a covered porch with more than
two walls; or
2. Any space open to the sky (hereinafter"uncovered") having more than seventy-five (75)
percent of its perimeter walled or otherwise closed to the outside such as, for example, a
courtyard; or
3. Except that an uncovered space of three thousand (3,000) square feet or more is not an
enclosed area, such as, for example, a field in an open-air arena.
"Landlord" means any person other than a sublessor who owns real property leased as
residential property, who lets residential property, or who manages such property.
"Multi-unit residence" means a premises that contains two or more units rented or available to be
rented and not occupied by a landlord of the premises. Multi-unit residence does not include a
condominium as that term is defined in Section 17.90.020 of this code.
"Multi-unit residence common area" means any indoor or outdoor area of a multi-unit residence
accessible to and usable by residents of more than one unit, including but not limited to halls and
paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, playgrounds,
swimming pools, and parking areas.
"Nonprofit entity" means any entity that meets the requirements of California Corporations Code
Section 5003 as well as any corporation, unincorporated association or other entity created for
charitable, religious, philanthropic, educational, political, social or similar purposes, the net
proceeds of which are committed to the promotion of the objectives of the entity and not to
prfvate gain. A public agency is not a nonprofit entity within the meaning of this section.
"Place of employmenY' means any area under the legal or de facto control of an employer,
business or nonprofit entity that an employee or the general public may enter in the normal
course of operations, but regardless of the hours of operation, including, for example, indoor and
outdoor work areas, construction sites, vehicles used in employment or for business purposes,
taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term
health facilities, warehouses, and, while employees, children or patients are present, private
residences that are used as child-care or health-care facilities subject to licensing requirements.
"Playground" means any park or recreational area designed 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 facility located on public or private school grounds, or on city property.
"Premises" means a parcel of land and any improvements upon it such as is usually described in
a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land
that are owned by the same natural person or by legal persons under common control.
"Present" means within a reasonable distance.
"Private enforcer" is defined in Section 8.12.080(B) of this code.
"Pub{ic p{ace" means any public or private place open to the general public regardless of any fee
http:l/municipalcodes.lexisnexis.com/codes/calabasas/ DATA/TITLE08/ChantPr R » d/�Ci��no
Chapter 8.12 SECOND-HAND SMOKE CONTROL* Page 3 of 7
or age requirement, including, for example, streets, sidewalks, plazas, bars, restaurants, clubs,
stores, stadiums, parks, playgrounds, taxis, and buses.
"Reasonable distance" means a distance of twenty (20) feet or, with respect to a designated
smoking area, such larger area as the city manager reasonably determines in writing to be
necessary in a given circumstance to ensure that occupants of an area in which smoking is
prohibited are not exposed to second-hand smoke created by smokers outside the area.
"Recreational area" means any public or private area open to the public for recreational purposes
whether or not any fee for admission is charged, including without limitation, parks, gardens,
sporting facilities, stadiums, and playgrounds.
"Shopping mall" means any parcel of land zoned and used for retail sales by more than one
retailer that is jointly operated or which includes shared parking facilities.
"Smoking"or"to smoke" means possessing or to possess a lighted tobacco product, lighted
tobacco paraphernalia, or any other lighted weed or plant(including but not limited to, a lighted
pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or the lighting of a
tobacco product, tobacco paraphernalia, or any other weed or plant (including but not limited to, a
pipe, a hookah pipe, cigar, or cigarette of any kind).
"Tobacco product" means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco.
"Unenclosed area" means any area which is not an enclosed area.
"UniY' means: (1) a dwelling space consisting of essentially complete independent living facilities
for one or more persons, including, for example, permanent provisions for living and sleeping,
and any associated private outdoor spaces such as balconies and patios; and (2) senior citizen
housing and single room occupancy hotels, as defined in California Health and Safety Code
Section 50519(b)(1), even where lacking private cooking or plumbing facilities. "Unit"does not
include lodging in a hotel or motel that meets the requirements set forth in California Civil Code
Section 1940(b)(2). (Ord. 2008-239 § 2, 2008� Ord. 2006-217 § 2 (part), 2006)
8.12.035 Second-hand smoke generally.
For all purposes within the jurisdiction of the city, nonconsensual exposure to second-hand
smoke in violation of this chapter is a nuisance, and the uninvited presence of second-hand
smoke on property in violation of this chapter is a nuisance and a trespass. (Ord. 2008-239 § 3,
2008)
8.12.040 Prohibition of smoking.
A. Public and Other Places Where Smoking Prohibited. Except as otherwise provided by this
chapter or by state or federal law, smoking is prohibited everywhere in the city, including but not
limited to:
1. Public places;
2. Pfaces of employment;
3. Multi-unit residence common areas;
4. Enclosed and unenclosed places of hotels, businesses, restaurants and bars, and other public
accommodations.
B. Places Where Smoking Permitted. Notwithstanding subsection (A)of this section, smoking is
permitted in the following locations within the city, unless otherwise provided by state or federal
law:
1. Private residential property, other than (a) those used as a child-care or health-care facility
subject to licensing requirements when employees, children or patients are present; or(b) as
provided in Sections 8.12.051 to 8.12.055 of this chapter with respect to multi-unit residences.
Nothing in this chapter shall require a person or entity who or which owns or controls a private
residential property, including but not fimiled to a condominium association or an apartment
owner, to permit smoking and such a person may prohibit smoking throughout the property he,
she or it owns or controls.
2. In up to twenty (20) percent of guest rooms in any hotel or motel, if the hotel or motel
permanently designates at least eighty (80) percent of its guest rooms as nonsmoking rooms,
appropriately signs nonsmoking rooms and permanently removes ashtrays and matches from
them. Smoking rooms shall be segregated from nonsmoking rooms on separate floors, wings, or
http://municipalcodes.iexisnexis.com/codes/calabasas/_DATA/T1TLE08/Chapter 8 12 ... 4/25/2008
� Chapter 8.12 SECOND-HAND SMOKE CONTROL* Page 4 of 7
portions of either; smoking and nonsmoking rooms shall not be interspersed. Nothing in this
chapter shall require a hotel or motel to provide smoking rooms and the owner or operator of a
hotel or motel may choose to prohibit smoking throughout the property.
3. Designated unenclosed areas in shopping mall common areas ("smokers' outposts"), provided
that (i) there is not more than one square foot of unenclosed area designated for smoking for
every twenty thousand (20,000) square feet of rentable enclosed or unenclosed space of the
shopping mall (provided that each shopping mall may have at least one smokers' outpost of forty
(40) or fewer square feet in area, (ii) the area is prominently marked with signs, (iii) it is located
the greatest distance practicable, and at least five feet, from any doorway or opening into an
enclosed area or any access way from parking facitities to the retail areas of the shopping mall,
(iv) smoke is not permitted to enter adjacent area in which smoking is prohibited by this chapter,
other law or by the owner, lessee or licensee of the adjacent property, and (v) the location(s) of
the smokers' outpost(s) is or are approved in writing by the city manager of the city based on the
standards of this subsection and the goals of this chapter.
4. Any outdoor area in which no nonsmoker is present and, due to the time of day or other
factors, it is not reasonable to expect another person to arrive.
C. No person shall dispose of smoking waste or place or maintain a receptacle for smoking waste
in an area in which smoking is prohibited by this chapter or other law, including within any
reasonable distance required by this chapter. (Ord. 2008-239 §4, 2008: Ord. 2006-217 § 2 (part),
2006)
8.12.050 Reasonable distance required.
No person shall smoke in an area in which smoking is otherwise permitted by this chapter or
other law within a reasonable distance from any entrance, opening, crack, or vent into an
enclosed area in which smoking is prohibited by this chapter, other law or by the owner, lessee or
licensee of that enclosed area. (Ord. 2008-239 § 5, 2008: Ord. 2006-217 §2 (part), 2006)
8.12.051 No smoking common areas, designated smoking area.
A. Notwithstanding the prohibition of smoking in all multi-unit residence common areas �
established by Section 8.12.040 of this chapter, a landlord of a multi-unit residence shall �
designate a portion of the outdoor area of the premises as a smoking area as provided in
subsection (B) below. Q
B. A designated smoking area must:
1. Be located a reasonable distance from any indoor area where smoking is prohibited;
2. Not include, and be a reasonable distance from, outdoor areas primarily used by children
including, but not limited to, playgrounds and other areas improved or designated for play or
swimming;
3. Be no more than twenty-five (25) percent of the total outdoor area of the premises on which it
is located;
4. Have a clearly marked perimeter;
5. Be identified by conspicuous signs;
6. Not overlap any area in which smoking is otherwise prohibited by this chapter, other provisions
of this code, or other law; and
7. If the requirements set forth in subsection (B)(1)or(B)(2) of this section cannot be satisfied
due to unique circumstances affecting a multi-unit residence, the city manager may approve a
smoking area that meets the requirements of this section to the extent practicable or, if in his or
her judgment such an area cannot be designed, the city manager may exempt the landlord from
the requirement to designate a smoking area. (Ord. 2008-239 § 6 (part), 2008)
8.12.053 Smoke-free buffer zones. �
Smoking is prohibited (i) on the premises of a multi-unit residence; and (ii) in any public place '�
within a reasonable distance of any entrance, opening, or other vent into an enclosed area of a
multi-unit residence in which smoking is prohibited by this chapter, other provisions of this code,
or other law. For example, and without limitation, smoking on balconies, porches, or patios of a
http://municipalcodes.lexisnexis.com/codes/calabasas/ DATA/TITLE08/Chanter g �2 ai��i�nnR
� Chapter 8.12 SECOND-HAND SMOKE CON1'ROL* Page 5 of 7
� nonsmoking unit is prohibited. (Ord. 2008-239 § 6 (part), 2008)
8.12.055 Smoke-free multi-unit residences.
A. Except as provided in subsection (B) of this section, on or before January 1, 2012, at least
eighty (80) percent of the units in all multi-unit residences shall be designated as nonsmoking
units, and smoking shall be prohibited inside such units. Upon designating nonsmoking units and
not later than January 1, 2012, the landlord shall give written notice to every lawful tenant(s) then
in occupancy of each nonsmoking unit, informing the tenant(s) that smoking is prohibited inside
that unit. If fewer than all units in a multi-unit residence are designated as nonsmoking units,
nonsmoking units shall be grouped together (e.g., horizontally andlor vertically) and physically
separated from smoking units to the maximum extent practicable; if a multi-unit residence is
comprised of more than one building, smoking units shall be contained in as few buildings as
possible.
B. Upon designating nonsmoking units and not later than January 1, 2012, each landlord of an
existing multi-family residence that is not a "new" multifamily residence shall give written notice to
every lawful tenant(s)who has continuously occupied a unit in the multifamily residence from
February 1, 2008 to the date the notice is given, informing the tenant(s) of his or her right to make
a written request to ihe landlord that his or her unit be designated a smoking unit during his or her
tenancy. Upon such a request, the inside of such unit shall not be subject to the smoking
restrictions of this section while such tenant(s) continuously occupy(ies) the unit. If such tenant(s)
subsequently relocates from that unit to another unit within the same multi-unit residence, both
such units shall thereafter be subject to the smoking restrictions of this section unless either is
designated as a smoking unit as permitted by subsection (A) above. A multi-unit residence shall
be considered "new"for purposes of this section if a certificate of occupancy for any unit is first
issued by the city after February 1, 2008.
C. By July 1, 2008, each landlord of a multifamily residence in the city shall report, in writing, to
the city manager, the number and localions of(i) designated nonsmoking units in the multifamily
residence, (ii) any unit in the multifamily residence which is designated as a grandfathered unit
under subsection (B) of this section, (iii) designated smoking units in the multifamily residence,
and (iv) the location of any smoking area designated pursuant to subsection (B)of Section
8.12.051 of this code. Each landlord of a multifamily residence in the city shall make this written
report annually thereafter until the multi-unit residence for which the report is made complies with
the eighty (80) percent smoke-free requirement of subsection (A) of this section, exclusive of
grandfathered smoking units under subsection (B) of this section. (Ord. 2008-239 § 6 (part),
2008)
8.12.057 Required lease terms.
A. Every new lease or other agreement entered into after the effective date of this section for the
occupancy of a unit in a multi-unit residence, other than a renewal of an existing lease to a tenant
subject to Section 8.12.055(B), shall include:
1. A clause stating that smoking is prohibited in the unit, if the unit has been designated as a
nonsmoking unit;
2. A clause stating that it is a material breach of the lease or agreement to (i)violate any law or
rule regulating smoking while on the premises; (ii) smoke inside a nonsmoking unit; or(iii) smoke
in any multi-unit residence common area in which smoking is prohibited by the landlord or by law;
and
3. A clause stating that all lawful occupants of units in the multi-unit residence are third-party
beneficiaries of the clauses required by subsections (A)(1) and (A)(2) of this section.
B. The lease or agreement terms required by subsection (A) of this section are incorporated by
force of law into any lease or other agreement for the occupancy of a unit in a multi-unit
sesiderice made os� os aftes the e�fective date of this section which fease does not fuffy comply
with subsection (A) of this section.
C. A tenant who breaches the smoking regulations included in a lease pursuant to subsection (A)
of this section, or incorporated into a lease by subsection (B) of this section, or who knowingly
allows another person to do so shall be liable to: (i) the landlord; and (ii) to any lawful occupant of
a unit in the multi-unit residence who is exposed to second-hand smoke as a result of that
breach.
http://municipalcodes.lexisnexis.com/codes/calabasas/_DATA/TITLE08/Chapter_8_ 12 ... 4/25/2008
' Chapter 8.12 SECOND-HAND SMOKE CONTROL* Page 6 oC7
D. A landlord shall not be �iable to any person for a tenanYs breach of smoking regulations if:
1. The landlord has fully complied with subsection (A) of this section, and
2. Upon receiving a signed written complaint regarding prohibited smoking, the landlord provides
a written warning to the offending tenant, stating that such tenant may be evicted if another
complaint is received. Upon receipt of a second signed, written complaint against the offending
tenant, the landlord may evict such tenant, but will not be held liable for the failure to do so.
E. Failure to enforce any smoking regulation of a lease or agreement on one or more occasions
shall not constitute a waiver of the lease or agreement provisions required by this section and
shall not prevent future enforcement of any such smoking regulation. (Ord. 2008-239 § 6 (part),
2008)
8.12.059 Disclosure of units subject to smoking restrictions by landlord.
Every landlord shall maintain a list of designated nonsmoking units and a floor plan identifying the
relative positions of smoking and nonsmoking.units. The floor plan also shall identify the location .
of any designated smoking areas. A copy of this list and floor plan shall accompany every new
lease or other agreement for the occupancy of a unit in a multi-unit residence entered into after
the sooner of(i) the date nonsmoking units are first designated by the landlord under this
chapter; or(ii) January 1, 2012. (Ord. 2008-239 § 6 (part), 2008)
8.12.060 Altowing, aiding or abetting smoking.
A No person, employer, business, or nonprofit entity shall knowingly permit smoking in an area
under his, her, or its legal or de facto control in which smoking is prohibited by this chapter or
other law.
B. No person, employer, business, or nonprofit entity shall allow the placement or maintenance of
a receptacle for smoking waste in an area under his, her, or its legal or de facto control in which
smoking is prohibited by this chapter or other law.
C. Notwithstanding any other provision of this chapter, any owner, landlord, employer, business,
nonprofit entity, or other person who or which has legal or de facto control over any property may
declare any area in which smoking would otherwise be permitted to be a nonsmoking area and,
provided that signs are posted giving notice of the smoking restriction, smoking in or within a
reasonable distance of that area shall constitute a violation of this chapter.
D. "No Smoking" or"Smoke Free" signs, 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 circfe with a red bar across it) or any alternative signage approved by the city
manager shall be conspicuously posted by the person, employer, business, or nonprofit entity
who or which has legal or de facto control of such place at each entrance to a public place in
which smoking is prohibiied by this chapter or any other place where the ciry manager
reasonably determines that smoking in violation of this chapter has occurred, or is likely to occur.
The city manager shall post signs at each entrance to a public place in which smoking is
prohibited by this chapter which is owned or controlled by the city. Signage required by this
subsection shall not be subject to Chapter 17.30 ("Signs") of this code. Notwithstanding this
provision, the presence or absence of signs shall not be a defense to the violation of any other
provision of this chapter, except as to an area in which smoking is prohibited only by subsection
(C) of this section. (Ord. 2008-239 § 7, 2008: Ord. 2006-217 § 2 (part), 2006)
8.12.070 Penalties and enforcement.
A. A violation of this chapter shall constitute a misdemeanor punishable pursuant to Chapter 1.16
of this code unless the prosecutor determines to prosecute it as an infraction as authorized by
Section 1.16.010.
B. The city council declares that exposing other persons to second-hand smoke constitutes a
public nuisance and may be remedied as such.
C. No person shall cause, permit, aid, abet, or conceal a violation of any provision of this chapter.
D. The remedies provided by this chapter are cumulative and in addition to any other remedies
available at law or in equity.
E. The city prosecutor, city attorney, any peace officer or city code enforcement officer may
http://municipalcodes.lexisnexis.com/codes/calabasas/ DATA/TITLE08/Chanter R 1� Qi��i�nnA
• � Chapter 8.]2 SECOND-HAND SMOKE CONTROL* Yage 7 of 7
enforce this chapter. (Ord. 2008-239 § 8, 2008; Ord. 2006-217 § 2 (part), 2006)
8.12.080 Private enforcement.
A. The city attorney or ciry prosecutor may also bring a civil action to enforce this chapter and to
obtain the remedies specified below or otherwise avaifable in equity or at law.
B. Any person acting for the interests of him-, her-, or itself, or of its members, or of the general
public (hereinafter"a private enforcer") may bring a civil action to enforce this chapter with the
remedies specified below, if both of the following requirements are met:
1. The action is commenced more than sixty (60) days after the private enforcer has given written
notice of an alleged violation of this chapter to the ciry attorney and to the alleged violator.
2. No person acting on behalf of the city or the state has commenced or is prosecuting an action
regarding the violation(s) which was or were the subject of the notice on the date the private
action is filed.
C. A private enforcer shall provide a copy of his, her, or its action to the city attorney within seven
days of filing it.
D. Upon settlement or judgment of an action brought pursuant to subsection (G) of this section,
the private enforcer shall give the city attorney a notice of that settlement or judgment and of the
final disposition of the case. No private enforcer may settle such an action, unless the�ity
attorney or the court determines the settlement to be reasonable in light of the purposes of this
chapter and any settlement in violation of this requirement may be set aside upon motion to a
court of competent jurisdiction by the city attorney or city prosecutor.
E. Upon proof of a violation of this chapter, the court shall award the following:
1. Damages in the amount of either:
a. Upon proof, actual damages;
b. With insufficient or no proof of damages, two hundred fifty dollars ($250.00) for each violation
of this chapter(hereinafter"statutory damages"). Unless otherwise specified in this chapter, each
day of a continuing violation shall constitute a separate violation. Notwithstanding any other
provision of this chapter, no private enforcer suing on behalf of the general public shall recover
statutory damages based upon a violation of this chapter if a previous claim brought on behalf of
the general public for statutory damages and based upon the same violation has been
adjudicated, whether or not the private enforcer was a party to that earlier adjudication.
2. Restitution to the appropriate party or parties of the gains obtained by way of violation of this
chapter.
3. Exemplary damages, where it is proven by clear and convincing evidence that the defendant is
guilty of oppression, fraud, malice, or a conscious disregard for the public health and safety.
4. Attorney's fees and costs reasonably incurred by a successful party in prosecuting or
defending an action. '
Any damages awarded in an action brought by the city attorney or city prosecutor shall be paid
into the city's general fund, unless the court determines that they should be paid to a damaged
third party.
F. Upon proof of at least one violation of this chapter, a private enforcer, the city prosecutor, city
attorney, any peace o�cer or code enforcement official may obtain an injunction against further
violations of this chapter or as, to small claims court actions, a judgment payable on condition
that a further violation of this chapter occur within a time specified by the court.
G. Notwithstanding any fegal or equitable bar, a private enforcer may bring an action to enforce
this chapter solely on behalf of the general public. When a private enforcer do so, nothing about
such an action shall act to preclude or bar the private enforcer from bringing a subsequent action
on his, her, or its own behalf based upon the same facts.
H. Nothing in this chapter shall prohibit a private enforcer from bringing a civil action in small
claims court to enforce this chapter, as Iong as the amount in demand and the relief sought are
within the jurisdiction of small claims court. (Ord. 2006-217 §2 (part), 2006)
« previous � next»
http://municipalcodes.lexisnexis.com/codes/calabasas/ DATA/TITLE08/Chanter R 1� a���i�nn4
� , Chapter 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERT... Page 1 of 8
�� C�,
EI Cajon Municipal Code
Up Previous Next Main Collapse Search Print No Frames
Title 8 HEALTH AND SAFETY
Chapter 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERTAIN PUBLIC AREAS
AND PLACES OF EMPLOYMENT
_ _. _. _
8.32.010 Purpose.
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.
Secondhand smoke is harmful to persons with certain respiratory conditions, and has also been determined to
cause cancer to nonsmokers exposed to secondhand smoke on a frequent basis. The United States Surgeon
General and the United States Department of Health and Human Services found that a majority of the four
hundred thirty-four thousand Americans that die each year from tobacco-related illness, and who smoked,
became nicotine addicts before their eighteenth birthday.
In order to serve public health, safety and welfare, to reduce unwanted and unwelcome exposure to
secondhand smoke, to assure a cleaner and more hygienic environment for the city, its residents, and visitors, to
strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including
children and persons with existing respiratory conditions(while recognizing the threat to public health and the
environment which smoking causes), and to decrease the accessibility of tobacco and tobacco-related products,
the declared purposes of this chapter are (1) to prohibit the smoking of tobacco or any other weed or plant in
certain areas which are used by or open to the public, and certain areas in places ofemployment;(2) prohibit
self-service sales and self-service displays, racks and shelves of tobacco products;(3) require the posting of
warning signs at the point of purchase which state the legal age of sale and that identification is required to
purchase tobacco; (4) prohibit vending machine sales of tobacco products; and(5)require all tobacco products
be sold in original packaging with all legally required health warnings. (Ord. 4886 § 2, 2007.)
8.3Z.020 Definitions.
A. "Bar" includes thai area of a restaurant which is devoted to the serving of alcoholic beverages and in
which the service of food may be only incidental to the consumption of such beverages provided that the
area is completely separated from the remainder of the restaurant by solid partitions or glazing without
openings other than doors or doorways, which shall meet the minimum standards applicable to such bar and
restaurant as established by the Uniform Building Code or other applicable building or fire regulations, and
the patrons of the restaurant are not required to pass through the bar in order to enter the restaurant.
B. "Business" means any sole proprietorship,joint veniure, corporation, or other business entity formed for
profitmaking purposes, or for nonprofit purposes, including retail establishments where goods or services
are sold as well as professional corporations and other entities where legal, medical, dental,engineering,
architectural, or other professional services are delivered.
C. "Common area at a shopping mall" means any indoor or outdoor common area of a shopping mall
accessible to and usable by the occupants or customers of more than retail establishment including, but not
limited to halls, lobbies, outdoor eating areas, play areas and parking lots.
D. "Employee" means any person who is employed by any employer in consideration for monetary
compensation or profit.
E. "Employer" means any person, partnership,corporation, including municipal corporation, who employs
the services of more than four persons.
http://qcode.us/codes/elcajon/view.php?topic=8-8_32&showAll=1&frames=on 4/25/2008
Crapter 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERT... Page 2 of 8
F. "Enclosed area" means:
]. Any covered or partially covered area having more than fifty percent of its perimeter walled
or otherwise closed to the outside such as, for example, a covered porch with more than two walls;
2. Any space open to the sky (hereinafter"uncovered") having more than sevenry-five percent
of its perimeter walled or otherwise closed to the outside such as, for example, a courtyard;
3. Except that an uncovered space of three thousand square feet or more is not an enclosed area,
such as, for example, a field in an open-air arena.
G. "Minor"means any individual who is less than eighteen years old.
H. "Multi-unit residence" means a building or portion thereof that contains more than one dwelling space,
each of which consists of independent living facilities for one or more persons, including but not limited to
single-room occupancy hotels (SROs), congregate care facilities other than those conducted in single-
family residential structures, and dormitories.
i. "Multi-unit residence common area"means any common area of a multi-unit residence accessible to
and usable by the occupants of more than one dwelling, including but not limited to halls, lobbies, laundry
rooms, outdoor eating areas, play areas and swimming pools.
J. "Place of employment" means any area under the legal or de facto control of an employer, business or
nonprofit entiry that an employee or the general public may enter in the normal course of operations, but
regardless of the hours of operation, including, for example, indoor and outdoor work areas,construction
sites, vehicles used in ernployment or for business purposes, taxis, employee lounges, conference and
banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, and, while employees,
children or patients are present, private residences that are used as child-care or health-care facilities subject
to licensing requirements.
K. "Playground" means any public or privately-owned park or recreational area designed 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 faciliry located on public or private school grounds, or on city property.
L. "Public place" means any public or private place open to the general public, regardless of any fee or age
requirement, including, for example, streets, sidewalks, pla2as, bars, restaurants,clubs, stores, stadiums,
parks, playgrounds, taxis and buses. Public place includes any common area at a shopping mall.
M. "Person" means any individual, partnership, cooperative association, private corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
N. "Reasonabie distance" means a distance of twenty feet or, with respect to a designated smoking area,
such larger area as the city manager reasonably determines in writing to be necessary in a given
circumstance to ensure that occupants of an area in which smoking is prohibited are not exposed to second-
hand smoke created by smokers outside the area.
O. "Recreational area"means any public or private area open to the public for recreational purposes
whether or not any fee for admission is charged, including, for example, parks, gardens, sporting facilities,
stadiums, playgrounds and play areas.
P. "Self-service merchandising" means open display of tobacco products and point-of-sale tobacco-related
promotional products to which the public has access without the intervention of any employee.
Q. "Shopping ma11" means any parcel of land zoned and used for retail sales by more than one retailer that
is jointly operated or which includes shared parking facilities.
R. "Smoking"means possessing(and "smoke"means to possess)a tighted pipe, lighted cigar, or lighted
cigarette of any kind,or the lighting of a pipe, cigar,or cigarette of any kind, including, but not limited to,
any tobacco product, or any other weed or plant.
http://qcode.us/codes/elcajon/view.php?topic=8-8_32&showAll=1&frames=on 4/25/2008
Chapter 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERT... Page 3 of 8
S. "Tobacco product"means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff,or any
other form of tobacco which may be utilized for smoking, chewing, inhaling, or other manner of ingestion.
T. "Tobacco retailer" means any person or governmental entity that operates a store, stand, concession, or
other place at which sales of tobacco products are made to purchasers for consumption or use.
U. "Tobacco vending machine"means any electronic or mechanical device or appliance the operation of
which depends upon the insertion of money, whether coin or paper bill, or other thing representative of
value, which dispenses or releases a tobacco product and/or tobacco accessories.
V. "Unenclosed area" means any area which is not an enclosed area.
W. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the
customer by supplying the product. The customer does not take possession of the product until it is
purchased.
(Ord. 4886 § 2, 2007.)
8.32.025 Smoking prohibited. _
A. Smoking is prohibited in, and within twenty feet of, the following city-owned recreation buildings:
Bostonia Center, Fletcher Hills Center, Hillside Center, Kennedy Center, Renette Center, and Wells Center.
A recreation building is defined as a structure wherein the following activities are typically conducted:
games, meetings, dance, gymnastics, arts and crafts, sports, instructional activities, and recreation ofTices.
B. Smoking is prohibited in, and within twenty feet of, any tot lot, any playground, and any recreational
area. A tot lot is defined as any area located in a city park or city playground, or in a privately owned
playground open to the public, where playground equipment, intended for use by children, is located.
Playground equipment includes but is not limited to swings, slides, and climbing apparatus.
C. In addition to the restrictions found in subsections A and B of this section, and except as otherwise
provided by this chapter or state or federal law, the t'ollowing restrictions on smoking, and using or
disposing of tobacco and tobacco-related products in public parks shall apply:
1. No person shall be in possession of a burning tobacco or tobacco-related product, including
but not limited to cigars and cigarettes, in or upon any park, playground or recreation center.
2. No person shall chew tobacco or tobacco-related products, in or upon any park, playground or
recreation center.
3. No person shall dispose of lighted or unlighted cigars or cigarettes, or cigar or cigarette butts,
or any other tobacco-related waste in or upon any park, playground or recreation center.
4. No person shall intimidate, threaten any reprisal,or ef�'ect any reprisal, for the purpose of
retaliating against another person who seeks to obtain compliance with this section.
D. In addition to the restrictions found in subsections A, B and C of this section, and except as otherwise
provided by this chapter or state or federal law, the following restrictions on smoking, and using or
disposing of tobacco and tobacco-related products in public places shall apply:
1. No person shall be in possession of a burning tobacco or tobacco-related product, including
but not limited to cigars and cigarettes, in:
a. Any public places;
b. Any places of employment;
c. Any multi-unit residence common areas; or
d. Any enclosed and unenclosed places of hotels, businesses, restaurants, and bars,
http://qcode.us/codes/elcajon/view.php?topic=8-8_32&showAll=1&frames=on 4/25/2008
Chapter 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERT... Page 4 of 8
and other public accommodation.
2. Notwithstanding subsection (D)(1) of this section, smoking is permitted in the following
locations within the city, unless otherwise provided by state or federal law:
a. Private residential property, other than those used as a child-care or health-care
faciliry subject to licensing requirements when employees, children or patients are present.
Nothing in this chapter shall require a person or entity who or which owns or controls a private
residential property, including but not limited to a condominium association or an apartment
owner,to permit smoking and such a person may choose to prohibit smoking throughout the
property he, she, or it owns or controls.
b. In up to twenty percent of guest rooms in any hotel or motel, if the hotel or motel
permanently designates at least eighry percent of its guest rooms as nonsmoking rooms,
appropriately signs nonsmoking rooms and permanently removes ashtrays and matches from
them. Smoking rooms shall be segregated from nonsmoking rooms on separate floors, wings, or
portions of either; smoking and nonsmoking rooms shal) not be interspersed. Nothing in this
chapter shall require a hotel or motel to provide smoking rooms and the owner or operator of a
hotel or motel may choose to prohibit smoking throughout the property.
c. Designated unenclosed areas in shopping mall common areas ("smokers'
outposts"), provided that (i)there is not more than one square foot of unenclosed area designated
for smoking for every twenty thousand square feet of rentable enclosed or unenclosed space
shopping mall (provided that each shopping mall may have at least one smokers' outpost of forry
or fewer square feet in area); (ii)the area is prominently marked with signs; (iii) it is located the
greatest distance practicable, and at least twenry feet, from any doorway or opening into an
encJosed area or any access way from parking facilities to the retail areas of the shopping mall;
(iv) smoke is not permitted to enter adjacent areas in which smoking is prohibited by this
chapter, other law or by the owner, lessee or licensee of the adjacent properry; and (v)the
location(s)of the smokers' outpost(s) is or are approved in writing by the community
development director of the city based on the standards of this subsection and the goals of this
chapter.
d. Smokers' outposts on public property in an unenclosed area designated by the city
manager, or his or her designee, if located within the area subject to Specific Plan 182 so long
as: (i)the area is prominently marked with signs; (ii) it is located the greatest distance
practicable,and at least twenty feet, from any doorway or opening into an enclosed area; and
(iii) smoke is not permitted to enter adjacent areas in which smoking is prohibited by this
chapter, other law or by the owner, lessee or licensee of the adjacent property.
e. Any outdoor area in which no nonsmoker is present and, due to the time of day or
other factors, it is not reasonable to expect another person to arrive.
3. No person shall dispose ofsmoking waste or ptace or maintain a receptacle for smoking waste
in an area in which smoking is prohibited by this chapter or other law, including within any
reasonable distance required by this chapter.
(Ord. 4886 § 2, 2007.)
8.32.030 Prohibitions.
A. No person or business shall offer for sale any tobacco product prior to prominently displaying a sign at
the point of purchase of tobacco products that states: "SELLING TOBACCO PRODUCTS TO PERSONS
http://qcode.us/codes/elcajon/view.php?topic=8-8_32&showAll=1&frames=on 4/25/2008
� Chapter 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERT... Page 5 of 8
YOUNGER THAN EIGHTEEN YEARS OF AGE IS ILLEGAL. PHOTO 1D IS REQUIRED TO
PURCHASE ANY TOBACCO PRODUCT."The letters of the sign shall be at least one-quarter inch high.
B. No person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to
this chapter shall sell,offer to sell, or permit to be sold any tobacco product to an individual without first
examining identification that establishes the purchaser's age as at least eighteen years unless the seller has
some reasonable basis for determining the buyer's age.
C. No person, business,tobacco retailer, or other establishment shall sell or offer for sale any tobacco
product that is not in the manufacturer's original packaging that contains all required health warnings.
D. 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 tobacco product by means of self-service merchandising or by means other than
vendor-assisted sales.
(Ord. 4886 § 2, 2007.)
8.32.035 Tobacco vending machines. �
No cigarette or other tobacco product, cigarette paper or wrapper, may be sold, offered for sale, or distributed
by or from a tobacco vending machine or other appliance, or any other device designed or used for vending
purposes. (Ord. 4886 § 2, 2007.)
8.32.040 Reasonable distance required.
No person shall smoke in an area in which smoking is otherwise permitted by this chapter or other law within
a reasonabie distance from any entrance, opening, crack, or vent into an enclosed area in which smoking is
prohibited by this chapter, other law or by the owner, lessee or licensee of that enclosed area. (Ord. 4886 § 2,
2007.)
8.32.046 Allowing, aiding or abetting illegal smoking.
A. No person, employer, business, or nonprofit entiry shall knowingly permit smoking in an area under his,
her, or its legal or de facto control in which smoking is prohibited by this chapter or other law.
B. No person, employer, business, or nonprofit entity shall allow the placement or maintenance of a
receptacle for smoking waste in an area under his, her, or its legal or de facto control in which smoking is
prohibited by this chapter or other law.
C. Notwithstanding any other provision of this chapter, any owner, landlord, employer, business, nonprofit
entiry, or other person who or which has legal or de facto control over any property may declare any area in
which smoking would otherwise be permitted to be a nonsmoking area and, provided that signs are posted
giving notice of the smoking restriction, smoking in or within a reasonable distance of that area shall
constitute a violation of this chapter.
D. "No Smoking" or"Smoke Free" signs, 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) or any alternative signage approved by the community development director of the city shall be
conspicuously posted at each entrance to a public place in which smoking is prohibited by this chapter, by the
person, employer, business, or nonprofit entity who or which has legal or de facto control of such place. The city
manager shall post signs at each entrance to a public place in which smoking is prohibited by this chapter, which
is owned or
http://qcode.us/codes/elcajon/view.php?topic=8-8_32&showAll=1&frames=on 4/25/2008
Chapter 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERT... Page 6 of 8
controlled by the ciry. Signage required by this subsection shall not be subject to Chapter 17.66 of this
code. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the
violation of any other provision of this chapter, except as to an area in which smoking is prohibited only by
subsection C of this section.
(Ord. 4886 § 2, 2007.)
8.32.050 REPEALED.
(Repealed by Ord. 4886: Ord. 4528, 1997; Ord. 4301 § 5, 1991: Ord. 3845 § 1 (part), 1985: Ord 3706 § 1
(part), 1983: Ord. 2890 § 1, 1975: prior code § 18C-5.)
8.32.060 REPEALED.
(Repealed by Ord. 4886: Ord. 4528, ]997; Ord. 4301 § 6, 1991: Ord. 3845 § 1 (part), 1985.)
8.32.070 REPEALED.
(Repealed by Ord. 4886: Ord. 4528, 1997; Ord. 3845 § 1 (part), 1985: Ord. 3706 § 1 (part), 1983: Ord. 3647 §
7, I983: Ord. 2879 § I (part), 1975: prior code § 18C-6.)
8.32.080 Private enforcement.
A. The city attorney or city prosecutor may also bring a civil action to enforce this chapter and to obtain
the remedies specified below or otherwise available in equity or at law.
B. Any person acting for the interests of himself, herself, or itself, or of its members, or of the general
public (hereinafter'`a private enforcer") may bring a civil action to enforce this chapter with the remedies
specified below, if both of the following requirements are met:
1. The action is commenced more than sixry days after the private enforcer has given written
notice of an alleged violation of this chapter to the city attorney and to the alleged violator.
2. No person acting on behalf of the city or the state has commenced or is prosecuting an action
regarding the violation(s) which was or were the subject of the notice on the date the private action is
filed.
C. A private enforcer shall provide a copy of his, her, or its action io the city attorney within seven days of
filing it.
D. Upon settlement or judgment of an action brought pursuant to subsection G of this section, the private
enforcer shall give the city attorney a notice of that settlement or judgment and of the final disposition of
the case. No private enforcer may settle such an action, unless the city attorney or the court determines the
settlement to be reasonable in light of the purposes of this chapter and any settlement in violation of this
requirement rnay be set aside upon motion to a court of competent jurisdiction by the city attorney or city
prosecutor.
E. Upon proof ora violation of this chapter, the court shall award the following:
1. Damages in the amount of either:
a. Upon proof, actual damages;
b. W ith insufficient or no proof of damages,two hundred fifry dollars for each
violation of this chapter(hereinafter"statutory damages"). Unless otherwise specified in this
http://qcode.us/codes/elcajon/view.php?topic=8-8_32&showAll=1&frames=on 4/25/2008
Chapter 8.32 REGUI.ATION OF SMOKING AND SECONDHAND SMOKE IN CGRT... I'age 7 of 8
chapter, each day of a continuing violation shall constitute a separate violation. Notwithstanding
any other provision of this chapter, no private enforcer suing on behalf of the general public
shall recover statutory damages based upon a violation of this chapter if a previous claim
brought on behalf of the general public for statutory damages and based upon the same violation
has been adjudicated, whether or not the private enforcer was a party to that earlier adjudication.
2. Restitution to the appropriate party or parties of the gains obtained by way of violation of this
chapter. �
3. Exemplary damages, where it is proven by clear and convincing evidence that the defendant
is guilty of oppression, fraud, malice, or a conscious disregard for the public health and safety.
4. Attorneys' fees and costs reasonably incurred by a successful party in prosecuting or
defending an action.
Any damages awarded in an action brought by the city attorney or city prosecutor shall be
paid into the ciry's general fund, unless the court determines that they should be paid to a damaged
third party.
F. Upon proof of at least one violation of this chapter, a private enforcer, the city prosecutor, city attorney,
any peace officer or code enforcement official may obtain an injunction against further violations of this
chapter, or as to small claims court actions, a judgment payable on condition that a further violation of this
chapter occur within a time specified by the court.
G. Notwithstanding any legal or equitable bar, a private enforcer may bring an action to enforce this
chapter solely on behalf of the gcneral public. When a private enforcer does so, nothing about such an
action shall act to preclude or bar the private enforcer from bringing a subsequent action on his, her, or its
own behalf based upon the same facts.
H. Nothing in this chapter shall prohibit a private enforcer from bringing a civil action in small claims
court to enforce this chapter, as long as the amount in demand and the relief sought are within the
jurisdiction oFsmall claims court.
(Ord. 4886 § 2, 2007.)
8.32.090 Enforcement.
A. Except as allowed by Section 8.32.080, the city manager shall be responsible for compliance with this
chapter when facilities, which are owned, operated or leased by the city of El Cajon, are involved. The city
shall provide business license applicants with a copy of this chapter.
B. Owners, operators, or managers of any place of employment regulated herein shall comply with this
chapter. Such owner,operator, or manager shall post all signage required herein.
C. It shall be the responsibiliry of employers to disseminate information concerning the provisions of this
chapter to employees.
(Ord. 4886 § 2,2007.)
8.32.100 Violations and penalties.
Any person who violates any provisions of this chapter is guilry of a misdemeanor or infraction, and, upon
conviction thereof, shall be punished by a fine as set forth in Section 1.24.010 of this code. No fines or private
damages shall be imposed or allowed for any violations occurring within six months following the effective date
of this chapter. (Ord. 4886 § 2, 2007.)
http://qcode.us/codes/elcajon/view.php?topic=8-8_32&showAll=1&frames=on 4/25/2008
• Chap�er 8.32 REGULATION OF SMOKING AND SECONDHAND SMOKE IN CERT... Page 8 of 8
8.32.110 Retaliation prohibited.
No person shall intimidate, threaten or effect any retaliation against an individual seeking enforcement of this
chapter. (Ord. 4886 § 2, 2007.)
8.32.115 Other applicable laws.
This chapter shall not be interpreted or construed to permit tobacco vending machines and distribution of
tobacco product samples where they are otherwise restricted by other applicable law. (Ord. 4886 § 2, 2007.)
http://qcode.us/codes/elcajon/view.php?topic=8-8 32&showAll=1&frames=on 4/25/2008
�, Chapter 8.16 SMOKING PROHIBITED IN CERTAIN AREAS* Page 1 of 4
�n'l �a Q�}{,a�7
TOC < >
Chapter 8.16
SMOKING PROHIBITED IN CERTAIN AREAS*
Sections:
8.16.010 Purpose.
8.16.020 Definitions.
8.16.030 Prohibition in certain public places.
8.16.040 Regulation of smoking in the workplace.
8.16.050 Posting of signs.
_8_.16.060 Compliance.
8.16.070 Violation—Penalty.
8.16.080 Where smoking not regulated.
8.16.090 Severability.
'Prior history: Ord. 1048 § 1, 1985: prior code §§ 5400-5405.
8.16.010 Purpose.
Because smoking of tobacco or any other weed or plant is a positive danger to health and a
cause of material 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 certain areas which are used
by or open to the public. (Ord. 1172 § 1, 1990)
8.16.020 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
A. "Bar" means an area which is devoted to the serving of alcoholic beverages for con-
sumption by guests on the premises and in which the serving of food is only incidental to the
consumption of such beverages.
B. "Employee° means any individual who receives remuneration for services performed
within the city.
C. "Employer" means any person, partnership or corporation who employs the services of an
individual person or persons.
D. "Smoke" or "smoking" means and includes the carrying of a pipe, cigar or cigarette of any
kind which is burning, or the igniting of a pipe, cigar or cigarette of any kind which is burning.
E. "Service line" means an indoor line or area where persons await service of any kind,
regardless of whether or not such service involves exchange of money. Such service shall
include, but is not limited to, sales, giving of information, directions or advice, and transfers of
money or goods.
F. "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge,
sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and
any other eating establishment, organization, club, including veterans' club, boardinghouse or
guesthouse, which gives or offers for sale food to the public, guests, patrons or employees as
well as kitchens in which food is prepared on the premises for serving elsewhere, including
catering facilities.
G. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is merely incidental.
H. "Workplace" means any interior space under the control of a public or private employer
which employees normally frequent during the course of employment, including, but not limited
to, work areas, employee Iounges, conference rooms, and employee cafeterias. A private
residence is not a workplace under this section. (Ord. 1172 § 1, 1990)
http://www.codepubl ishing.com/ca/sanluisobispo/SanLuisObispo08/SanLuisObispo0816.h... 4/25/2008
, Chapter 8.16 SMOKING PROHIBITED IN CERTAIN AREAS* Page 2 of 4
8.16.030 Prohibition in certain public places.
Smoking shall be prohibited in the following places:
A. Elevators, museums, libraries, galleries, public transportation facilities open to the public
and service lines of establishments doing business with the general public;
B. Waiting rooms, sleeping rooms or public hallways of every private or pubfic health care
facility, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors'
offices, and dentists' offices; provided further, that this prohibition shall not prevent the
establishment of a separate waiting room in which smoking is permitted, as long as there also
exists a waiting room in the same facility in which smoking is prohibited. In bed space areas of
health facilities used for two or more patients, smoking shall be prohibited unless all patients
within the room are smokers and request in writing upon the health care facility's admission
forms to be placed in a room where smoking is permitted.
C. All buildings, vehicles, or other enclosed areas occupied by city staff, owned or leased by
the city, or otherwise operated by the city, except in areas which the city administrator may
designate as smoking areas.
The city administrator may.designate a smoking area only if the area involved:
1. Is not regularly open to the public; and
2. Does not require major room or building modifications; and
3. Is not regularly occupied by nonsmokers. In any dispute arising under the smoking
area designations made by the city administrator under this chapter, the rights of the
nonsmoker shall be given precedence.
D. Within any building not open to the sky which is primarily used for or designated for the
purposes of exhibiting any motion picture, stage drama, lecture, musical recital or other similar
performance whenever open to the public, except smoking which is a part of a stage
performance, including all restrooms, and any area commonly referred to as a lobby.
E. Within all public areas in every retail store, including, but not limited to, retail service
establishments, retail food production and marketing establishments, retail, grocery, and drug
stores.
F. All restrooms open for public use.
G. Within every restaurant and bar.
H. All areas in a laundromat open to and available for use by the public.
I. Within all areas available to and customarily used by the general public in all businesses
and nonprofit entities patronized by the public, including, but not limited to, professional offices
and other offices, banks, hotels and motels.
J. 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. (Ord. 1172 § 1, 1990)
8.16.040 Regulation of smoking in the workplace.
Each employer who operates a workplace in the city shall, within sixty days of the effective
date of the ordinance codified in this section, adopt, implement and maintain a written smoking
policy which shall contain, at a minimum, the following provisions and requirements:
A. Any nonsmoking employee may object to his or her employer about smoke in his or her
workplace. Using already available means of ventilation or separation or partition of office
space, the employer shall attempt to reach a reasonable accommodation, insofar as possible,
between the preferences of nonsmoking employees and smoking employees. However, an
employe� is not required by this section to make any expenditures or structural changes to
accommodate the preferences of nonsmoking or smoking employees.
6. If an accommodation which is satisfactory to all affected nonsmoking employees cannot
be reached in any given workplace, the preferences of nonsmoking employees shall prevail
and the employer shall prohibit smoking in that workplace. Where the employer prohibits
smoking in a workplace, the area in which smoking is prohibited shall be clearly marked with
signs.
C. The smoking policy required by this section shall be announced within three weeks of
http://www.codepublishing.com/ca/sanluisobispo/SanLuisObispo08/SanLuisOhisnn�Rl� h ai��nnnQ
, �hapter 8.16 SMOKING PROHIBITED IN CERTAIN AREAS* Page 3 of 4
� adoption to all employees working in workplaces in the city and posted conspicuously in all
workplaces in the city under the employer's jurisdiction.
D. This section is not intended to regulate smoking in the following places and under the
following conditions within the city:
1. A private home which may serve as a workplace;
2. Any property owned or leased by a state or federal governmental agency.
E. Notwithstanding any other provision of this section, every employer shall have the right to
designate any place of employment, or any portion thereof, as a nonsmoking area.
F. Notwithstanding any other provision of this section, if any provision of this section conflicts
with, or differs from, the standards established by Labor Code Section 6404.5, as it may from
time to time be amended, then the most restrictive standard, whether from this section or
Labor Code Section 6404.5, shall apply. It is the intent of the council that this section be
interpreted and applied in such a manner as to prohibit the smoking of tobacco products in all
enclosed places of employment to the fullest extent permissible by law. (Ord. 1274 § 1, 1994;
Ord. 1172 § 1, 1990)
8.16.050 Posting of signs.
Signs which designate smoking or nonsmoking areas established by this chapter shall be
conspicuously posted in every room, building or other place so covered by this chapte�. The
manner of such posting 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. {Ord. 1172 § 1,
1990)
8.16.060 Compliance.
A. The city administrative officer or his or her designated representative shall be responsible
for compliance with this chapter as to facilities which are owned, operated or leased by the
city. The finance director shall provide each business license applicant with a copy of this
chapter.
B. The owner, operator or manager of any facility, business or agency within the purview of
this chapter shall comply with the provisions of this chapter. Notice of these regulations shall
be given to all applicants for a business license. Such owner, operator or manager shall post
or cause to be posted all no-smoking signs required by this chapter and shall not allow service
to any person who violates this chapter by smoking in a posted no-smoking area.
C. Any place of employment conducted or operated without compliance with the provisions
of Section 8.16.040 of this chapter applicable thereto shall be and the same is declared to be a
public nuisance. Whenever there is reason to believe such public nuisance exists, any affected
employee or any resident of the city, in his or her own name, may maintain an action in equity
to abate and prevent such nuisance and to perpetually enjoin the employer from maintaining or
permitting it. Upon the granting of equitable relief, in whole or in part, by a court of competent
jurisdiction, an employer determined to be in violation of Section 8.16.040 of this chapter shall
be liable for the attorney's fees, as may be determined by the court, incurred by the party
� bringing the action.
D. The city administrative officer or his or her designee may enforce Section 8_16.040 of this
chapter by either of the following actions:
1. Serving notice requiring the correction of any violation of that section; or
2. Requesting the city attorney to maintain an action for injunction to enforce the
provisions of Section 8.16.040 of this chapter, to cause the correction of any such violation,
and for assessment and recovery of a civil penalty of such violation, including attorney's fees.
E. Any employer who violates Section 8.16.04Q of this chapter may be liable for a civil
penalty, not to exceed five hundred dollars, which penalty shall be assessed and recovered in
a civil action b�ought in the name of the people of the city. Each day such violation is
committed or permitted to continue shall constitute a separate offense and sha11 be punishable
as such. Any penalty assessed and recovered in an action brought pursuant to this subsection
shall be paid to the finance director of the city.
. http://www.codepublishing.com/ca/sanluisobispo/SanLuisObispo08/SanLuisObispo0816.h... 4/25/?��R
, Chapter 8.16 SMOKING PROHIBITED IN CERTAIN AREAS* Page 4 of 4
� F. In undertaking the enforcement of Section 8.16.040 of this chapter, the city is assuming
an undertaking only to promote the general welfare. It is not assuming any duty or obligation,
nor is it imposing any duty or obligation on its officers and employees, nor is it liable in money
damages or otherwise to any person who claims that (1) the city or one of its officers or
employees breached any such obligation, and (2) the breach proximately caused injury. (Ord.
1172 § 1, 1990)
8.16.070 Violation—Penalty.
Any person who violates any provision of Section 8.16.030 or 8.16.040 of this chapter by
smoking in a posted no-smoking area, or by failing to post or cause to be posted a no smoking
sign required by this chapter, or by serving or accommodating any person who violates this
chapter by smoking in a posted no-smoking area, or by knowingly or intentionally permitting
any person to violate this chapter by smoking in a posted no-smoking area, is guilty of an
infraction, and is subject to punishment as provided for in Chapter 1.12 of this code. (Ord.
1274 § 2, 1994; Ord. 1172 § 1, 1990)
8.16.080 Where smoking not regulated.
Notwithstanding any other provision of this chapter to the contrary, the following areas shall
not be subject to the smoking restrictions of this chapter:
1. Private residences, except when used as a child care or health care facifity.
2. Hotel and motel rooms rented to guests.
3. Retail tobacco stores.
4. A private enclosed office workplace occupied exclusively by smokers, even though
such an office workplace may be visited by nonsmokers.
5. Any area exterior to the building in which the establishment or facility is located.
6. Any enclosed rooms in an establishment or facility which are being used entirely for
private functions. (Ord. 1172 § 1, 1990)
8.16.090 Severability.
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. 1172 § 1,
1990)
TOC .' < � >
This page of the San Luis Obispo Municipal Code is current through Code Publishing Company
Ordinance 1510, passed November 20, 2007. Voice: (206) 527-6831
Disclaimer: The City C{erk's Office has the official version of the Municipal Fax: (206) 527-8411
Code. Users should contact the City Clerk's Office for ordinances passed Email: CPC@codepublishing.com
subsequent to the ordinance cited above.
City Website: http://www.slocity.org/
http://www.codepublishing.com/ca/sanluisobispo/SanLuisObispo08/SanLuisObispo08l 6.h... 4/25/2008
, Chapter 8.36 REGULATION AND PROHIBITION OF SMOKING Page 1 of 3
� Palm Desert Municipal Code
Up Previous Next Main Cotiapse Search Print No Frames
Title 8 HEALTH AND SAFETf
Chapter 8.36 REGULATION AND PROHIBITION OF SMOKING
8.36.010 Purpose of chapter.
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 health hazard to those who are present in confined places,and in
order to serve public health, safery and welfare, the declared purpose of this chapier is to prohibit the smoking of
tobacco, or any other weed or plant, in public places and places of employment,except in designated smolcing
areas. (Ord. 462 § 1 (part), 1986)
8.36.020 Definitions.
A. Smoke, or smoking as defined in this chapter means and includes the carrying of a lighted pipe, or the
lighling of a pipe, cigar or cigarette of any kind.
B. Public place means:
l. Any enclosed area to which the public is invited or in which the public is permitted, including, but not
limited to, retail stores, retail service establishments, retail food production and marketing establishments,
restaurants, theaters, waiting rooms, reception areas,educational facilities, health facilities and public
transportation facilities. A private residence or private country club is not a public place.
2. Areas measured a distance of forty feet from the entrances and exits to enclosed city-owned public
places. .
3. Outdoor locations owned by the city which have a designated no smoking sign posted at their normal
entrances and exits to such outdoor locations, including, but not limited to:
a. City-owned parks, playground, restrooms, baseball and soccer tields,excepting therefrom the golf course
area of Desert Willow.
b. Outdoor public events including, but not limited to, sports events, entertainment, speaking performances,
ceremonies and fairs.
c. City property, except where specific signs are posted permitting such smoking.
4. Such designated no smoking areas may contain specific limited areas posted permitting smoking.
C. Place of employment means any enclosed areas under the control of a public or private employer which
employees normally frequent during the course of employment, including, but not limited to, work areas,
employee lounges, conference rooms and employee cafeterias. A private residence is not a place ofemployment,
except for child care facilities in private homes. (Ord. ]007 § 1, 2001; Ord. 462 § 1 (part), 1986)
8.36.030 Prohibition.
No person shall smoke in a public place or place of employment,except in designated smoking areas. (Ord.
462 § 1 (part), 1986)
8.36.040 Designation af smoking areas.
Smoking areas may be designated in public places and in places of employment by propfietors or other
http://www.qcode.us/codes/palmdeserVview.php?topic=8-8_36&showAll=1&frames=on 5/S/2008
Chapter 8.36 REGULATION AND PROHIBITION OF SMOKING Page 2 of 3
� persons in charge except in waiting rooms of inedical offices and other health facilities, child care facilities,
including those in private homes, during normal operating hours in rooms where children are present, in retail
stores, retail service establishments, food markets, including eating areas, public conveyances, theaters,
auditoriums, pharmacies, libraries, museums or galleries which are opened to the public or any other place where
smoking is prohibited by law, ordinance or regulation. Where smoking areas are designated, existing physical
barriers and ventilation systems shall be used to eliminate the toxic effect of smoke in adjacent nonsmoking
areas, but employers are not required to incur any expense to make structural or physical modifications in
providing these areas. In all disputes in the work place, the rights of the nonsmoker shall be given priority over
the rights of the smoker. Restaurants covered by this chapter, whose occupied capacity is fifty or more persons,
shall designate and post by signs, of sufficient number and post in such locations as to be readily seen by persons
within such areas,contiguous area of not less than twenry-five percent of the serving areas where the smoking of
tobacco is prohibited, and shall inform all patrons a nonsmoking area is provided. (Ord. 462 § 1 (part), 1986)
8.36,050 Optional prohibition.
All managers and owners of any establishment exempted from the provisions of this chapter, Section
8.36.070, serving or doing business with the public may,at their discretion, post "No Smoking"signs within
various areas of their businesses and utilize the full right of the provision of this chapter. No public place other
than those enumerated in Section 8.36.070 shall be designated as a smoking area in its entirety. (Ord. 462 § I
(part), 1986)
8.36.060 Posting of signs.
Signs which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently
and conspicuously posted in every room, building or other place so covered by this chapter. "No Smoking" signs
shall be specifically placed in retail food productions and marketing establishments, including grocery stores and
supermarkets open to the public, so they are clearly visible to persons upon entering the store, clearly visible to
persons in checkout lines and clearly visible to persons at meat and produce counters. The manner of such
posting, including the wording, size, color, design and place of posting, whether on the walls, doors, tables,
counters, sta��ds 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 clariry, sufficiency and conspicuousness are apparent in
communicating the intent of this chapter. (Ord. 462 § 1 (part), 1986)
8.36.070 Exceptions.
A. Private offices, including those in the work place, hotels and motel meeting and assembly rooms rented
to guests, areas and rooms while in use for private social functions,private hospital rooms, psychiatric facitities,
jails, bar areas and stores that deal exclusively in tobacco products and accessories.
B. Existing restaurants that were under lease as a restaurant on or before January I, 1977.
C. Any owners or other person having control of a business or other establishment subject to this chapter
may apply to the city for an exemption or modification of the provisions of this chapter due to unique or unusual
circumstances or conditions. (Ord. 462 § ] (part), 1986)
8.36.080 Nonretaliation.
No person or employer shall discharge,refuse to hire or in any manner retaliate against an employee or
applicant for cmployment because such employee or applicant exercises any rights afforded by this chaptec.
http://www.qcode.us/codes/palmdeserUview.php?topic=8-8_36&showAll=1&frames=on 5/5/2008
• Chapter 8.36 REGULATION AND PROHIBITION OF SMOKING Page 3 of 3
(Ord.462 § 1 (part), 1986)
8.36.090 Enforcement.
A. The owner, operator or manager of any facility, business or agency within the purview of this chapter
shall comply herewith. Such owner, operator or manager shall post, or cause to be posted, all "No Smoking"
signs rcquired by this chapter. Such owner, operator or manager shall not allow service to any person who
violates this chapter by smoking in a posted"No Smoking"area.
B. It shall be the responsibility of employers to disseminate information concerning the provisions of this
chapter to employees.
C. The ciry's zoning and license officers, police and fire personnel are authorized to issue citations for
violation o!'the provisions of this chapter. (Ord. 462 § 1 (part), 1986)
8.36.100 Violation—Penalty.
Any person who violates any provision of'this chapter by: (1)smoking in a posted"No Smoking"area; (2)
failing to post or cause to be posted a"No Smoking"sign required by this chapter; or(3)violating any other
provision of this chapter, is deemed guilty of an infraction in accordance with Chapter 1.12 of this code. (Ord.
462 § 1 (part), 1986)
8.36.110 Severability. _
The city council declares that, should any section, paragraph, sentence or word of this chapter of the code,
hereby adopted, be declared, for any reason, to be invalid, it is the intent of the council that it would have passed
all other portions of this chapter independent of the eliminations herefrom of any such portion as may be
declared invalid. (Ord. 462 § 1 (part), 1986)
http://www.qcode.us/codes/palmdeserVview.php?topic=8-8 36&showAll=1&frames=on 5/5/?��R