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(A) Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination and provided smoke does not enter any enclosed area in which smoking is prohibited.
(B) Smoking in unenclosed areas shall be prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under § 97.02, except while actively passing on the way to another destination, and provided smoke does not enter any unenclosed area in which smoking is prohibited.
(Ord. 753-C.S., passed 7-20-10) Penalty, see § 97.07
A landlord of a multi-unit residence with less than 100% nonsmoking units shall provide to every prospective tenant, prior to entering into a new lease or other rental agreement for the occupancy of a unit, a diagram depicting the location of the designated nonsmoking units in relation to all other units and any designated smoking areas.
(Ord. 753-C.S., passed 7-20-10) Penalty, see § 97.07
(A) The provisions of this chapter are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding (i) any provision of this chapter or other provisions of this code, (ii) any failure by any person to restrict smoking under this chapter, or (iii) any explicit or implicit provision of this code that allows smoking in any place, nothing in this code shall be interpreted to limit any person's legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles.
(B) For all purposes within the jurisdiction of the city, non-consensual exposure to smoke is a nuisance, and the uninvited presence of smoke on property is a nuisance and a trespass.
(Ord. 753-C.S., passed 7-20-10)
(A) No person, landlord, employer, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of the person, landlord, employer or nonprofit entity and in which smoking is prohibited by law, unless otherwise required by state or federal law.
(B) For purposes of division (A) of this section, a person, landlord, employer, or nonprofit entity has not acted knowingly or intentionally in violation of division (A) of this section if he, she, or it has taken the following reasonable steps to prevent smoking in an area which is under the legal or de facto control of the person, landlord, employer, or nonprofit entity:
(1) Posted clear and prominent "No Smoking" or "Smokefree" signs as required by division (E) of this section, below;
(2) Removed all ash receptacles, such as, for example, ash trays or ash cans, as required by division (C) of this section, below; and
(3) Requested that an individual refrain from smoking who is smoking in violation of this chapter and in an area which is under the legal or de facto control of the person, landlord, employer or nonprofit entity.
(C) No person, landlord, employer, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the person, landlord, employer or nonprofit entity and in which smoking is prohibited by law, including, without limitation, within a reasonable distance required by this chapter from any area in which smoking is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this division (C) shall not be a defense to a charge of smoking in violation of any provision of this chapter.
(D) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance required by this chapter.
(E) A person, landlord, employer, or nonprofit entity that has legal or de facto control of an enclosed or unenclosed area in which smoking is prohibited by this chapter shall post a clear, conspicuous and unambiguous "No Smoking" or "Smokefree" sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include 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). Signs posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement set forth in § 97.03. At least one sign with Humboldt County Department of Health and Human Services, Public Health Branch's phone number [268-2132] where complaints can be directed must be conspicuously posted in each place in which smoking is prohibited. For purposes of this section, the City Manager or his or her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the city. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter.
(F) No person, landlord, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.
(G) Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.
(Ord. 753-C.S., passed 7-20-10) Penalty, see § 97.07
(A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(B) Each incident of smoking in violation of this chapter is an infraction subject to a $100 fine or otherwise punishable pursuant to § 10.99 of this code. Other violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the Chief of Police. In addition, any peace officer or code enforcement official also may enforce this chapter.
(C) Violations of this chapter are also subject to a civil action brought by the city, punishable by a civil fine not less than $250 and not exceeding $1,000 per violation.
(D) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
(E) Any violation of this chapter is hereby declared to be a nuisance.
(F) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(G) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel public enforcement of this chapter against private parties.
(H) Any person acting for the interests of itself, its members, or the general public may bring a civil action to enjoin a violation of this chapter by a landlord, employer, business, or nonprofit entity or to enjoin repeat violations of this chapter by an individual.
(Ord. 753-C.S., passed 7-20-10)
It is the intent of the City Council to supplement applicable state and federal law and not to duplicate or contradict such law, and this chapter shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
(Ord. 753-C.S., passed 7-20-10)