Chapter 36.08
PROHIBITION OF SMOKING IN CERTAIN PUBLIC PLACES
Sections:
36.08.020 Prohibition of smoking in enclosed places.
36.08.030 Minimum smoking distance required.
36.08.040 Prohibition of smoking in unenclosed areas.
36.08.050 Other requirements and prohibitions.
36.08.060 Penalties and enforcement.
36.08.070 Statutory construction.
36.08.010 Definitions.
A. “Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.
B. “Employee” means any person who is employed or retained as an independent contractor by any employer or nonprofit entity in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer or nonprofit entity.
C. “Employer” means any business or nonprofit entity that retains the service of one or more employees.
D. “Enclosed area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:
1. Any type of overhead cover whether or not that cover includes vents or other openings and at least three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height whether or not those boundaries include vents or other openings; or
2. Four walls or other vertical constraints to airflow including, but not limited to, vegetation that exceeds six feet in height whether or not those boundaries include vents or other openings.
E. “Outdoor dining area” means any unenclosed area including rights-of-way and sidewalks that may be located on private property, public property, or a combination of both private and public property, which is available to or customarily used by the general public or employees, and which is designed, established, or regularly used for consuming food or drink.
F. “Outdoor public place” means any publicly or privately owned area, including but not limited to streets, highways, alleys, rights-of-way, parkways, sidewalks, parking lots or pathways, open to the general public for a public event, regardless of any fee or age requirement. The term “outdoor public place” also includes, but is not limited to, a farmers’ market, parade, craft fair, festival, concert, play, or any other event open to the general public.
G. “Outdoor recreational area” means any publicly or privately owned area, including but not limited to streets, highways, alleys, rights-of-way, parkways, sidewalks, parking lots or pathways, that is controlled or used by the City and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “outdoor recreational area” also includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches.
H. “Outdoor service area” means any publicly or privately owned area, including, but not limited to, streets, highways, alleys, rights-of-way, parkways, sidewalks, parking lots or pathways, designed to be used or is regularly used by one or more persons 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 “outdoor service area” also includes, but is not limited to, areas at and adjacent to information kiosks, automated teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands.
I. “Person” means any natural person, business, cooperative association, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including a government agency.
J. “Place of employment” means any area, enclosed or unenclosed, under the legal or de facto control of an employer that an employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation, and includes a private residence required to be licensed as a family day care home under California law.
K. “Public property” means, for the purposes of this chapter, property owned or controlled by the City, including those areas that a business has the use of, with or without the benefit of an encroachment permit.
L. “Smoke” or “smoking” shall have the meaning set forth in Health and Safety Code Section 104495, as may be amended from time to time, and includes inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. Material that the purpose of which is solely olfactory, such as, for example, smoke from incense, is not considered “smoke” under this definition.
M. “Unenclosed area” means an area in which outside air can circulate freely to all parts of the area, and includes an area that has:
1. Any type of overhead cover, and no more than two walls or other vertical constraint to airflow including, but not limited to, vegetation of any height; or
2. No more than three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height, and which has no overhead cover of any type. (Ord. 2080 § 2 (Exh. A), 2018; Ord. 2038 § 2, 2013)
36.08.020 Prohibition of smoking in enclosed places.
Smoking is prohibited by State law in the enclosed areas of places of employment within the City of Coronado as such places are defined and regulated pursuant to California Labor Code Section 6404.5 as may be amended from time to time, which is hereby incorporated by reference as if fully set forth herein. (Ord. 2080 § 2 (Exh. A), 2018; Ord. 2038 § 2, 2013)
36.08.030 Minimum smoking distance required.
A. Smoking in all unenclosed areas shall be prohibited less than 25 feet from any doorway, window, opening, crack, or vent from an enclosed area in which smoking is prohibited.
B. Exceptions.
1. The unenclosed areas of private residential properties.
2. Outdoor dining areas in which the majority of dining area consists of private property. Notwithstanding the general provision in subsection A of this section prohibiting smoking within 25 feet of any doorway, window, opening, crack or vent into an enclosed area in which smoking is prohibited, this prohibition does not apply to: (a) outdoor dining areas when the outdoor dining area is entirely sited on private property, or (b) outdoor dining areas that are sited on a combination of public and private property, and where the majority of the contiguous outdoor dining area consists of private property. (Ord. 2080 § 2 (Exh. A), 2018; Ord. 2038 § 2, 2013)
36.08.040 Prohibition of smoking in unenclosed areas.
A. Smoking is prohibited in the unenclosed areas of the following places within the City of Coronado:
1. All public property including, but not limited to, streets, highways, alleys, rights-of-way, parkways, sidewalks, parking lots and pathways;
2. Outdoor public places;
3. Outdoor recreational areas;
4. Outdoor service areas;
5. Outdoor dining areas.
B. Exceptions.
1. Coronado Municipal Golf Course. Notwithstanding the general provision in subsection (A)(3) of this section prohibiting smoking in outdoor recreation areas, the prohibition does not apply to the Coronado Municipal Golf Course.
2. Outdoor dining areas in which the majority of dining area consists of private property. Notwithstanding the general provision in subsection (A)(5) of this section prohibiting smoking in outdoor dining areas, the prohibition against smoking does not apply to: (a) outdoor dining areas when the outdoor dining area is entirely sited on private property, or (b) outdoor dining areas that are sited on a combination of public and private property, and where the majority of the contiguous outdoor dining area consists of private property.
C. Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area. (Ord. 2080 § 2 (Exh. A), 2018; Ord. 2038 § 2, 2013)
36.08.050 Other requirements and prohibitions.
A. No person, employer, or nonprofit entity shall knowingly permit smoking 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. A person, employer, or nonprofit entity that has legal or de facto control of an unenclosed 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 his/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.
C. No person, 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.
D. 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. 2080 § 2 (Exh. A), 2018; Ord. 2038 § 2, 2013)
36.08.060 Penalties and enforcement.
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 person, employer, or entity in violation of this chapter is an infraction subject to a $100.00 fine or otherwise shall be punishable in accordance with Chapter 1.08 CMC. Enforcement of this chapter shall be the responsibility of the City Manager or his/her designee. In addition, any peace officer or code enforcement official also may enforce this chapter.
C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
D. Any violation of this chapter is hereby declared to be a nuisance.
E. 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. (Ord. 2080 § 2 (Exh. A), 2018; Ord. 2038 § 2, 2013)
36.08.070 Statutory construction.
It is the intent of the City Council of the City of Coronado 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. (Ord. 2080 § 2 (Exh. A), 2018; Ord. 2038 § 2, 2013)