Chapter 6.22
SECONDHAND SMOKE

Sections:

6.22.000    Purpose.

6.22.010    Definitions.

6.22.060    Smoking prohibitions – Public places.

6.22.065    Repealed.

6.22.070    Repealed.

6.22.075    Repealed.

6.22.090    Repealed.

6.22.095    Repealed.

6.22.100    Repealed.

6.22.105    Repealed.

6.22.110    Repealed.

6.22.120    Repealed.

6.22.125    Repealed.

6.22.130    Repealed.

6.22.137    Repealed.

6.22.145    Places where smoking permissible.

6.22.152    Repealed.

6.22.155    Posting requirements.

6.22.160    Retaliation prohibited.

6.22.165    Violation – Smoking or posting.

6.22.170    Retaliation remedies.

6.22.175    Enforcement.

6.22.000 Purpose.

The purpose of this chapter is to regulate smoking in the City of Elk Grove. [Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.010 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section, unless the context clearly indicates or requires a different meaning:

A. Reserved for future use.

B. Reserved for future use.

C. “C” Definitions.

1. “Children” or “minor” means those persons who are under the age of eighteen (18) years of age.

2. “Commercial enterprise” shall mean any business entity formed for profit-making purposes, including professional corporations and other entities under which legal, medical, dental, engineering, architectural, or other professional services are delivered, and also any person charged with the responsibility of controlling conduct in behalf of the enterprise upon any premises regulated by this chapter.

D. “D” Definitions.

1. “Day care center” means any licensed child day care facility including infant centers, preschools, extended day care facilities, and school age child care centers, including a private residence when employees, children, or patients are present.

2. “Director” means the Development Services Director or the Director’s designee.

E. “E” Definitions.

1. “Enclosed area” shall mean all space between a floor and ceiling which is served by a common heating, ventilating and air conditioning system, and is enclosed on all sides by solid walls or windows (exclusive of doorways or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping,” or similar structures.

F. Reserved for future use.

G. Reserved for future use.

H. Reserved for future use.

I. Reserved for future use.

J. Reserved for future use.

K. Reserved for future use.

L. Reserved for future use.

M. “M” Definitions.

1. “Members of the general public” includes shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity; and excludes employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise or services to a commercial enterprise, nonprofit entity or the City.

N. “N” Definitions.

1. “Nonprofit entity” shall mean any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from operations of which are committed to promotion of the objects or purposes of the organization and not to private gain, together with any person charged with the responsibility of controlling conduct in behalf of the entity upon any premises regulated by the provisions of this chapter. A public agency is not a nonprofit entity within the meaning of this section.

O. “O” Definitions.

1. “Outdoor dining area” means any unenclosed and openly accessible public area adjacent to an establishment selling and serving food and/or beverages for on-site consumption, which area is under the control of the food and/or beverage establishment, and which area is used or intended to be used for eating and drinking activities similar to that occurring within the enclosed establishment.

P. “P” Definitions.

1. “Park” shall have the same meaning as set forth in Section 3003.5(b) of the California Penal Code.

2. “Playground” means any outdoor premises or grounds owned or operated by the City or other governmental entity that contains any play or athletic equipment used or intended to be used by children, including but not limited to teen centers, youth sports facilities, skate parks, and public swimming pools.

Q. Reserved for future use.

R. Reserved for future use.

S. “S” Definitions.

1. “School” means the buildings and grounds of any public or private school used for the purposes of the education of children in kindergarten or any of the grades one (1) through twelve (12) inclusive. “School” shall not include a residence where parents or guardians provide home schooling.

2. “Smoking” means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed, or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant, or other ignited combustible substance in any manner or in any form.

T. “T” Definitions.

1. “Tobacco shop, retail or wholesale” means any business establishment the main purpose of which is the sale of tobacco products, including but not limited to cigars, pipe tobacco, and smoking accessories.

U. Reserved for future use.

V. Reserved for future use.

W. Reserved for future use.

X. Reserved for future use.

Y. “Y” Definitions.

1. “Youth sports facilities” means any indoor or outdoor premises or grounds used or intended to be used for youth sports, including but not limited to soccer fields, ballparks, karate, dance, gymnastic, and cheerleading schools.

Z. Reserved for future use. [Ord. 1-2018 §4, eff. 2-23-2018; Ord. 24-2015 §4 (Exh. B), eff. 2-12-2016; Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.060 Smoking prohibitions – Public places.

In addition to any location where smoking is prohibited under any other law, including State or Federal law, smoking shall be prohibited in the following locations:

A. Any public place, enclosed or not, in which smoking is not otherwise prohibited but which the property owner, manager, or operator has designated as nonsmoking.

B. In or within three hundred (300' 0") feet of any school, day care center, playground, park, amusement center, or youth sports facility.

C. In or within twenty (20' 0") feet of any outdoor dining area. [Ord. 1-2018 §4, eff. 2-23-2018; Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.065 Stores.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.070 Banks.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.075 Hotels/motels.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.090 Theaters.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.095 Recreational facilities.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.100 Recreation halls.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.105 Restaurants.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.110 City buildings.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.120 Places of exhibition.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.125 Hospitals.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.130 Adult schools.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.137 In proximity to children’s facilities.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.145 Places where smoking permissible.

Unless prohibited by State law or by this chapter, it is not a violation of this chapter for a person to smoke in:

A. A private residence, including an attached or detached garage, on in the lot upon which it is located, whether or not the residence is utilized for office or other business purposes if the owner or lawful tenant has not designated the property or that portion of the property as non-smoking and provided reasonable notice to that effect has been given.

B. In an outdoor public location designated and posted for smoking by the owner, tenant, or other lawful authority over the property; provided, that the designated smoking area is not within three hundred (300' 0") feet of a public or private school building, playground, swimming pool, youth sports facility, or other area intended primarily for use by children.

C. In an indoor, nonresidential location where State law permits smoking, located and posted in the manner required by State law.

D. Inside of an enclosed tobacco store if at all times minors are prohibited from entering the store.

E. Inside of a private motor vehicle operated or parked in an area where smoking is not otherwise restricted, including public roadways, except when a minor is present in the vehicle.

F. In an area designated and posted for smoking by the owner or operator of a park; provided, that the designated smoking area within the park is not within three hundred (300' 0") feet of a playground, swimming pool, youth sports facility, or other area within the park intended primarily for use by children. [Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.152 Bingo facilities.

Repealed by Ord. 7-2012. [Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.155 Posting requirements.

An owner, operator, or manager of a building or structure in which there is no smoking permitted in any space in the building shall post a sign stating “No smoking” at each entrance to the building or structure.

Where smoking is permitted in designated areas of the building or structure, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure.

Property owners whose property includes spaces open to the public within three hundred (300' 0") feet of a location frequented by children pursuant to EGMC Section 6.22.060(B) shall post approved signs providing reasonable notice of proximity to a children’s facility where such proximity is not readily apparent and where there have been complaints of smoking. The City Manager will cause signs to be posted on similarly situated publicly owned properties.

Property owners who have designated an area nonsmoking pursuant to EGMC Section 6.22.060(A) shall post conspicuous signs providing reasonable notice of the restricted area. [Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.160 Retaliation prohibited.

It shall be unlawful for a commercial enterprise, nonprofit entity or the City to retaliate against any member of the general public or an employee or applicant for employment of the enterprise, entity or City because such member of the general public, employee or applicant seeks enforcement of the provisions of State law, this chapter or otherwise protests smoking by others. [Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.165 Violation – Smoking or posting.

Any person who violates any provision of this chapter shall be guilty of an infraction, punishable pursuant to EGMC Chapter 1.04. [Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.170 Retaliation remedies.

Violation of any provision of EGMC Section 6.22.160 shall be remedial through civil action filed in a court of competent jurisdiction for injunctive or other appropriate relief. [Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]

6.22.175 Enforcement.

A. Whenever an enforcement officer charged with the enforcement of this chapter determines that a violation has occurred, the enforcement officer may issue an administrative citation pursuant to EGMC Section 1.12.040.

B. Any member of the general public, an employee or applicant for employment may, pursuant to the provisions of this section, commence in his or her name a civil action for injunctive relief, monetary damages or other appropriate relief against a person who violates EGMC Section 6.22.160. A member of the general public or employee shall also be authorized to individually commence a civil action pursuant to the provisions of this section for injunctive relief, monetary damages or other appropriate relief for the purpose of remedying any other violation of the provisions of this chapter. [Ord. 7-2012 §2 (Exh. A), eff. 5-11-2012; Ord. 23-2011 §2 (Exh. A), eff. 10-14-2011]