A. Smoking shall be prohibited in any enclosed public place, business, restaurant, or place of employment within the city of Murrieta except in the enclosed places identified in California Labor Code Section 6404.5(d), or its successor.
B. Smoking shall be prohibited in the following enclosed places:
1. Common interior areas of multi-unit, multi-residence, or multi-family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes; and
2. Areas that have a common or shared air space with other enclosed areas in which smoking is prohibited such as, without limitation, air conditioning systems, heating systems, ventilation systems, entries, doorways, hallways, and stairways.
C. Smoking shall be prohibited in the following unenclosed places:
1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place;
2. Any parks, recreation areas, sports arenas, and parking lots located in a park or recreation area;
3. Any place where people are using or waiting for a service, entry, or a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands.
4. On the grounds of any public or private elementary or secondary school designated and posted as a "Tobacco Free Zone", tobacco possession shall also be prohibited.
5. Any other location where there is a posting of a "No Smoking" sign which is properly posted as described in this chapter.
D. No person shall provide or place ash receptacles such as, without limitation, ashtrays or ash cans, within an area in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter.
E. Notwithstanding the exception in subsection A. of this section for enclosed places identified in California Labor Code Section 6404.5(d) or its successor, "place of employment" shall include retail or wholesale tobacco shops and private smokers' lounges, as such terms are defined in California Labor Code Section 6404.5(d)(4).
(Ord. 459 § 2, 2011:Ord. 373 § 5, 2006)