A. Smoking is prohibited in the following Enclosed Areas:
1. Places of Employment; and
2. Public Places.
B. Smoking is prohibited by this chapter in all Enclosed Areas exempted by the California workplace law (Labor Code section 6404.5(d), as that section may be amended from time to time) except as provided below.
1. Smoking at theatrical production sites is not prohibited by this subsection if the theater general manager certifies that smoking is an essential part of the story and the use of a fake, prop, or special effect cannot reasonably convey the idea of smoking in an effective way to a reasonable member of the anticipated audience. This exception will not apply if minors are performers within the production;
2. Smoking is not restricted by this subsection in up to twenty percent (20%) of guest room accommodations in a hotel, motel, or similar transient lodging establishment.
C. Smoking is prohibited in the following Unenclosed Areas:
1. Places of Employment;
2. Recreational Areas;
3. Dining Areas;
4. Service Areas; and
5. Public Places when being used for a public event, including a farmer’s market, parade, craft fair, or any event which may be open to or attended by the general public, provided that Smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law.
D. Reasonable Smoking Distance Required.
1. Smoking in all Unenclosed Areas shall be prohibited within a Reasonable Distance in any direction from any operable doorway, window, opening, crack, or vent into an Enclosed Area in which smoking is prohibited under Section 10.90.020A, except while actively passing on the way to another destination and provided Smoke does not enter any area in which Smoking is prohibited.
2. Smoking in all Unenclosed Areas is prohibited within a Reasonable Distance from any Unenclosed Areas in which Smoking is prohibited under Section 10.90.020A, except while actively passing on the way to another destination and provided Smoke does not enter any area in which Smoking is prohibited.
3. The Smoking prohibitions in Section 10.90.020B.1 shall not apply to Unenclosed Areas of private residential properties that are not Multi-unit Residences.
E. Nothing in this chapter shall be construed to prohibit Smoking in any area in which such Smoking is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation.
F. No Person shall dispose of used Smoking waste within the boundaries of an area in which Smoking is prohibited by this chapter.
G. Each instance of Smoking in violation of this chapter shall constitute a separate violation. For violations other than Smoking, each day of a continuing violation of this chapter shall constitute a separate violation. (Ord. 21-2227 (part), 2021; Ord. 14-2121, § 3, 2014; Ord. 11-2077 (part), 2011)