Chapter 4.100
CLEAN AIR AND HEALTH PROTECTION
Sections:
4.100.040 Smoking prohibitions – Public places.
4.100.050 Places where smoking is permissible.
4.100.060 Violation and penalties – Smoking or posting.
Prior legislation: Code 1997 §§ 18-82, 18-84,18-85, 18-86, 18-88, 18-89, 18-90, Ord. 794 and Ord. 1044.
4.100.010 Purposes.
The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution and the Surgeon General’s 1986 report on the health consequences of involuntary smoking concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm. While all members of the population are truly at increased risk due to exposure to sidestream tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders.
The Surgeon General labels smoking “the largest single preventable cause of death and disability for the U.S. population.”
More than 80 percent of El Dorado County residents are nonsmokers, and the number of nonsmokers is steadily increasing. Opinion surveys show that a majority of both nonsmokers and smokers favor restrictions on smoking in public places.
Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomforts of nonsmokers, and constitutes a public nuisance in public places.
This chapter attempts to find a compromise that allows smokers to smoke, and others to breathe smoke-free air.
Health and Safety Code Section 11362.3 prohibits smoking cannabis or cannabis products in a public place and in a location where smoking tobacco is prohibited.
This chapter is not to be interpreted as requiring any establishment to provide a smoking area. (Ord. 794; Ord. 1044 § 1 (Exh. A); Ord. 1181 § 1. Code 1997 § 18-78)
4.100.020 Authority.
This chapter is enacted pursuant to Health and Safety Code Section 118910 for the purpose of restricting and regulating smoking in public places in order to reduce the hazards and nuisances which smoking causes to those who are involuntarily exposed. (Ord. 794; Ord. 1044 § 1 (Exh. A); Ord. 1181 § 1. Code 1997 § 18-79)
4.100.030 Definitions.
As used in this chapter, the words and phrases shall have the following meanings:
A. “On-site consumption lounge” means a facility operating with a city-issued public safety license and cannabis use permit where cannabis and cannabis products may be smoked, vaped, or ingested within the confines of the facility.
B. “Person” means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind.
C. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated pipe, cigar, cigarette, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or a 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.
D. “Tobacco shop” 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. (Ord. 794; Ord. 1044 § 1 (Exh. A); Ord. 1181 § 1. Code 1997 § 18-80)
4.100.040 Smoking prohibitions – Public places.
Except as specifically provided, it is unlawful for any other person to smoke in the public places named and described in subsections (A) through (C) of this section, inclusive, and other public places similarly situated, including but not limited to the following areas:
A. Outdoor public recreation areas owned, operated, or maintained by the city, including parks and beaches as defined in SLTCC 8.05.010, golf courses, and campgrounds;
B. Parking lots, parking structures, and parking areas owned, operated, or maintained by the city; and
C. Other places in which members of the general public congregate or otherwise frequent. (Ord. 794; Ord. 1044 § 1 (Exh. A); Ord. 1181 § 1. Code 1997 § 18-81)
4.100.050 Places where smoking is permissible.
Smoking may be permitted in all locations where smoking is not prohibited by this chapter, including the following locations:
A. Residential units, including those which are used for home occupations under the provisions of SLTCC 6.55.280; provided, however, that this exemption shall not authorize smoking in any day care or child care facility.
B. On-site consumption lounges as applied to smoking of cannabis and cannabis products only.
C. Areas where smoking is permitted within certain workplace areas under Labor Code Section 6404.5, as may be amended.
It shall not constitute a violation of SLTCC 4.100.040 for a person to smoke in a location where smoking has been authorized in the manner prescribed by this section. (Ord. 794; Ord. 1044 § 1 (Exh. A); Ord. 1181 § 1. Code 1997 § 18-83. Formerly 4.100.060)
4.100.060 Violation and penalties – Smoking or posting.
Any person who violates the prohibitions contained in SLTCC 4.100.040 shall be guilty of an infraction, punishable in the manner hereinafter prescribed:
A. A fine not exceeding $100.00 for a first violation.
B. A fine not exceeding $200.00 for a second violation of this chapter within one year.
C. A fine not exceeding $500.00 for each additional violation of this chapter within one year. (Ord. 794; Ord. 1044 § 1 (Exh. A); Ord. 1181 § 1. Code 1997 § 18-87. Formerly 4.100.100)