§ 8.44.070 PROHIBITION OF SMOKING IN CERTAIN UNENCLOSED PUBLIC PLACES.
   (A)   Except as otherwise expressly authorized by state or federal law, smoking shall be prohibited in any place where food and/or drink is offered for sale, including outdoor dining areas of restaurants and farmers markets, except unenclosed areas of a stand-alone bar.
   (B)   Smoking is prohibited within:
      (1)   A reasonable distance from any entrance, opening or exit of any enclosed area within which smoking is prohibited, except while passing on the way to another destination. Entrances to outdoor decks or patios at bars are excluded from this prohibition;
      (2)   Parks, including, but not limited to Contratti Field, Bolinas Park and Peri Park Playground;
      (3)   Public events including but not limited to, sports events, festivals, entertainment, speaking performances, ceremonies, pageants, parades, fairs and farmer's markets; and
      (4)   Places of employment; and
      (5)   Unenclosed (outdoor) service areas.
   (C)   No person shall place, cause to be placed, or permit to be placed any ashtray, or tobacco ash collector or receptacle in any area designated a non-smoking area by this chapter.
   (D)   No person shall dispose of smoking waste, cannabis waste, or tobacco product waste within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance requirement.
(Ord. 754, passed 6-1-2011; Am. Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)