HomeMy WebLinkAboutOrd. No. 2017-1371 Smoking in Certain Public AreasORDINANCE NO. 2017 -1371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADDING
MUNICIPAL CODE, CHAPTER 8, SECTION 14, SMOKING IN CERTAIN PUBLIC
AREAS
Whereas, according to the American Lung Association, cigarette smoking is the leading cause of
preventable disease and death worldwide and, according to the Centers for Disease Control
(CDC), smoking is responsible for more than 440,000 deaths annually in the United States,
including deaths from secondhand smoke; and,
Whereas, tobacco use and exposure to secondhand smoke impose great social and economic
costs; exposure to secondhand smoke causes nearly 50,000 deaths each year among adults in
the United States; and,
Whereas, exposure to secondhand smoke anywhere has negative health impacts, and exposure
to secondhand smoke does occur at significant levels outdoors; and,
WHEREAS, according to the California Department of Public Health, e- cigarettes contain nicotine
and e- liquid forms of aerosol found on California's Proposition 65 list of chemicals known to cause
cancer, birth defects, and other reproductive harm; and,
Whereas, laws restricting the use of tobacco products have recognizable benefits to public health
and medical costs; and,
Whereas, creating smoke -free areas helps protect the health of citizens of and visitors to the City
of Lake Elsinore (City) from the known dangers of secondhand smoke; and,
Whereas, state law prohibits smoking in places of employment, within 25 feet of playgrounds and
tot lots, and within 20 feet of entryways and operable windows of government buildings; and,
Whereas, state law expressly authorizes local communities to enact additional restrictions on
smoking; and,
Whereas, there is no Constitutional right to smoke in public places; and
Whereas, California cities and counties have the legal authority to adopt local laws that make all
areas not defined as places of employment subject to local regulation of smoking of tobacco
products; and,
Whereas, the City supports and seeks to protect and promote the health of individuals and their
environment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Lake Elsinore Municipal Code (LEMC) Chapter 8, Section 14, Smoking In Certain
Public Areas, is hereby added as follows:
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Chapter 8.14, Smoking In Certain Public Areas:
8.14.010 Definitions.
8.14.020 Prohibition of smoking in enclosed and unenclosed places.
8.14.030 Other requirements and prohibitions.
8.14.010 Definitions.
"Beach" means all City -owned public beaches along the lake shoreline.
"Business" means any sole proprietorship, partnership, joint venture, corporation, association, or
other entity formed for profit- making purposes or that has an employee, as defined in this section.
"City Manager" means the City Manager of the City or designee.
"Public property" means an area that is owned,
the City, including areas that a business has
encroachment permit.
operated, controlled or under the jurisdiction of
the use of, with or without the benefit of an
"Dining area" means any area available to or customarily used by the general public that is
designed, established, or regularly used for consuming food or drink.
"Electronic cigarette" means an electronic and /or battery- operated device, the use of which may
resemble smoking, that can be used to deliver an inhaled dose of nicotine or other substances
and includes any such device, whether manufactured, distributed, marketed, or sold as an
electronic cigarette, an e- cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe,
an electronic hookah, vape device, or any other product name or description. "Electronic cigarette"
does not include any inhaler prescribed by a licensed doctor.
"Employee" means any person who is employed; retained as an independent contractor by any
employer, as defined in this section; or any person who volunteers his or her services for an
employer, association, nonprofit, or volunteer entity.
"Employer" means any person, partnership, corporation, and association, nonprofit or other entity
who employs or retains the service of one or more persons, or supervises volunteers.
"Enclosed" means:
1. Any covered or partially covered space having more than fifty percent of its perimeter area
walled in or otherwise closed to the outside such as, for example, a covered porch with more than
two walls; or
2. Any space open to the sky (uncovered) having more than seventy -five percent of its perimeter
area walled in or otherwise closed to the outside such as, for example, a courtyard; except that
an uncovered space of three thousand square feet or more is not enclosed, such as, for example,
a field in an open -air arena.
"Park" means any community park, neighborhood park, special use park, or any other recreational
facility maintained by the City.
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"Person" means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
"Place of employment" means any area under the legal or de facto control of an employer,
business, or nonprofit entity that an employee or the general public may have cause to enter in
the normal course of operations, but regardless of the hours of operation; including, for example,
indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and
banquet rooms, bingo and gaming facilities, long -term health facilities and warehouses.
"Public plaza" means a publicly owned square or open area, including but not limited to, for
example, courtyards, plazas, and promenades.
"Public recreational area" means any public property for recreational purposes, including, but not
limited to, parks, beaches, gardens, sporting facilities, stadiums, playgrounds, trails, bike paths,
skateboard parks, amusement parks, and beaches controlled or used by the City and open to
the general public for recreational purposes, regardless of any fee or age requirement.
"Public right -of -way" means any publicly owned right -of -way for transportation purposes,
including, but not limited to, streets, highways, alleys, parkways, sidewalks, or parking lots
designed to be used or is regularly used by one or more persons for transportation.
"Reasonable distance" means a distance of 10 feet in any direction from an area in which smoking
is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will
enter nonsmoking areas.
"Service area" means any public or privately owned area used to receive a service, wait to receive
a service or to make a transaction, whether or not such service or transaction includes the
exchange of money. The term "service area" also includes, but is not limited to, areas at and
adjacent to information kiosks, automated teller machines (ATMs), ticket lines, transit depots, bus
stops or shelters, mobile vendor lines or cab stands.
"Significant smoking retailer" means any smoking related retailer that derives seventy -five percent
or more of gross sales receipts from the sale or exchange of smoking related products and
smoking related paraphernalia.
"Smoking" or "to smoke" means holding or possessing a lighter engaging in the lighting of a pipe,
hookah, cigar, cigarette, joint, or similar type of device containing tobacco, tobacco product,
nicotine, cannabis, spices, or any other plant or herbal material, or operating an electronic
cigarette, or similar type of device.
8.14.020 Prohibition of smoking in enclosed and unenclosed places.
A. Enclosed Places. Smoking and the disposal of smoking related products is prohibited in
enclosed public property, places of employment, public dining areas, public recreational areas,
service areas, enclosed areas adjacent to areas where smoking is prohibited, enclosed areas that
share a ventilation system with areas where smoking is prohibited, and enclosed areas where
smoking is prohibited by any other provision of this chapter, state law, or federal law and have a
common or shared air space within the City as such places are defined and regulated pursuant
to California Labor Code Section 6404.5, which is hereby incorporated by reference as if fully set
forth herein, except in places listed in Subsection C of Section 8.14.020, and except in such places
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in which smoking is already prohibited by state or federal law in which case the state or federal
law applies.
B. Unenclosed Places. Smoking and the disposal of smoking related products is prohibited in
unenclosed places of employment, public dining areas, parks, playgrounds, beaches, public
recreational areas, service areas, public plazas, and during public events, except in places listed
in Subsection C of Section 8.14.020, and except in such places in which smoking is already
prohibited by state or federal law in which case the state or federal law applies.
C. Unless otherwise prohibited by law, smoking is permitted in the following locations:
1. Designated smoking areas set apart from and no larger than 25% of an entire event area;
and,
2. Significant smoking related retailers, if minors are prohibited at all times from entering the
store; and,
3. By performers during theatrical productions, if smoking is a part of the theatrical production;
and,
4. Private property, except when or used as a childcare or healthcare facility subject to licensing
requirements and children, patients, or employees are present; and,
5. Outdoor dining areas of businesses operating under an on -sale license for public premises
issued by the California Department of Alcoholic Beverage Control. Such outdoor dining
areas are exempt from the reasonable distance clause requirement stated in Section
8.14.010; and,
6. Public right -of -way areas.
8.14.030 Other requirements and prohibitions.
A. No person, employer, or nonprofit entity shall permit smoking or the placement of ash
receptacles, in an area which is under the legal or de facto control of that person, employer or
nonprofit entity' and in which smoking is prohibited by law, unless otherwise required by state or
federal law.
B. Notwithstanding any other provision of this chapter, any owner, landlord, employer, business,
nonprofit entity or other person who controls any property, establishment or place of employment
regulated by this chapter may declare any part of such area in which smoking would otherwise
be permitted to be a nonsmoking area.
C. A person, employer, or nonprofit entity that has legal or de facto control of an area in which
smoking is prohibited by this Chapter shall post a clear, conspicuous and unambiguous "No
Smoking" or "Smoke Free" sign at each point of ingress to the area, and in at least one other point
within the area. For purposes of this section, the City Manager or 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.
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D. No person, employer, or nonprofit entity shall intimidate or threaten for the purpose of
retaliating against another person who seeks to attain compliance with this Chapter.
Section 2: Severability. If any provision of this Ordinance or its application is held invalid by a
court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or application,
and to this end each phrase, section, sentence, or word is declared to be severable.
Section 3: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty -first
(31 st) day after the date of adoption.
Section 4: Certification. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published according to law.
PASSED and ADOPTED at the Regular meeting of the City Council of the City of Lake Elsinore,
California, on the 28th day of February, 2017.
ATTEST:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF LAKE ELSINORE }
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017 -1371 was introduced at the Regular meeting of February 14, 2017,
and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of February
28, 2017, by the following vote:
AYES: Council Members Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
Susan M. Domen, MMC
City Clerk