36.08.005 Purpose and intent.

The smoking of tobacco, and secondhand smoke from the smoking of tobacco, is a danger to health and is a material annoyance, inconvenience, discomfort, and health hazard to those who are present in confined spaces and to small children playing in the City’s park and beach areas. Therefore, in order to serve the public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco in public places, parks, beaches, and places of employment except in designated smoking areas identified by signs as set forth in CMC 36.08.040. (Ord. 1980 § 1, 2006)

36.08.010 Definitions.

A. “Beach” means and includes any public beach or beach that is open to the public, and any public trail, access way, or public parking lot immediately adjacent to a beach in the City of Coronado.

B. “Park” means and includes all dedicated parks, parks established by adverse uses, planted areas open to the general public, parks on publicly leased or licensed property, planted parkways or medians, triangles and traffic circles maintained by the City or other public agency in the City of Coronado. “Park” shall also include any sidewalk and parking area immediately adjacent thereto.

C. “Place of employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a “place of employment.”

D. “Public place” means any enclosed area to which the public is invited or in which the public is permitted including but not limited to retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence is not a public place.

E. “Smoke” or “smoking,” as defined in this chapter, means and includes the carrying of a lighted pipe, or lighted cigar, or lighted cigarette of any kind.

F. “Tobacco product” shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.

G. “Tobacco vending machine” shall mean any electronic or mechanical device or appliance, the operation of which depends upon the insertion of money, whether coin or paper bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories. (Ord. 1980 § 2, 2006; Ord. 1823; Ord. 1794; Ord. 1609)

36.08.020 Prohibitions.

A. It is unlawful to smoke in a public place or place of employment except in a designated smoking area lawfully established in accordance with this chapter.

B. It is unlawful to smoke in a public park or public beach, except in a temporary or permanent area authorized by the City Manager that is clearly demarcated by signs in conformity with this chapter.

C. It is unlawful to smoke within 20 feet of public school grounds while on public property.

D. It is unlawful for an owner, operator, or manager of any facility, business, or agency to designate or maintain a smoking area in a public place or place of employment which does not comply with the requirements set forth in CMC 36.08.030.

E. It is unlawful for an owner, operator, or manager of any facility, business, or agency to knowingly permit ashtrays or other ash receptacles to be located in areas where smoking is prohibited by this chapter.

F. It is unlawful to intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person who seeks to attain compliance with the provisions of this chapter. (Ord. 1980 § 3, 2006)

36.08.030 Designation of smoking areas.

A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, restrooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation.

B. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

C. It shall be the responsibility of employers to provide smoke free areas for nonsmokers within existing facilities to the maximum extent possible but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.

D. An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section; provided, that a policy which designates an entire work place as a smoking area shall not be deemed a good faith policy.

E. Restaurants covered by the provisions of this chapter shall designate an adequate amount of seating capacity to sufficiently meet the demands and shall inform all patrons that a nonsmoking section is provided.

F. No public place, other than the ones excepted under the provisions of this chapter, shall be designated as a smoking area in its entirety.

G. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof.

36.08.040 Posting of signs.

Signs which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, so that they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. The manner of such posting including the wording, size, color, design, and place of posting whether on the walls, doors, tables, counters, stands or elsewhere shall be at the discretion of the owner, operator, manager, or other place so long as clarity, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter.

36.08.050 Exceptions.

A. No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities, jails, bars, stores that deal exclusively in tobacco products and accessories and restaurants or eating establishments with a seating capacity of less than 20 persons.

B. Restaurants or eating establishments with a seating capacity of less than 20 persons shall have the option of designating a no-smoking section or allowing or prohibiting smoking throughout the establishment.

C. Any owner or manager of a business or other establishment subject to this chapter may apply to the City Manager for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions.

36.08.054 Tobacco vending machine regulations.

No person shall place or maintain any tobacco vending machine in any place which is accessible to or open to persons under 18 years of age. (Ord. 1823)

36.08.060 Enforcement.

A. The City Manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City are involved. The Director of Administrative Services shall provide business license applicants with copies of this chapter.

B. The owner, operator or manager of any facility, business or agency shall post or cause to be posted all “No Smoking” signs required by this chapter. Owners, operators, managers or employees of same shall be required to orally inform persons violating this chapter of the provisions thereof. The duty to inform such violator shall arise when such owner, operator, manager or employee of same becomes aware of such violation.

C. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees.

36.08.070 Violations and penalties.

A. Any person who violates any provision of this chapter by smoking in a park, within 50 feet of a tot lot, on a beach, or in a public place posted “No Smoking” is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with CMC 1.08.050.

B. An owner, operator or manager of a facility, business or agency who knowingly permits patrons to violate CMC 36.08.020, or who knowingly fails to discharge any duty arising from the provisions of this chapter, is guilty of a misdemeanor and subject to any enforcement option or penalty provision set forth in CMC Title 1 to address violations of law. (Ord. 1980 § 4, 2006)