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-O-2518, eff. 10-1-2007)
5-4-2: SMOKING IN OPEN AIR DINING AREAS PROHIBITED:
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-O-2518,eff. 10-1-2007)
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, shall 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-O-2518, eff. 10-1-2007)
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-O-2518, eff. 10-1-2007)
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-O-2518, eff. 10-1-2007)
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-O-2518, eff. 10-1-2007)