Chapter 9.06
SMOKING REGULATIONS

Sections:

9.06.010    Findings and purpose.

9.06.020    Definitions.

9.06.040    Smoking prohibited in and around city buildings.

9.06.060    Smoking prohibited at public sports facilities, public sports spectator areas, playground structures, and municipal parks.

9.06.080    Violations an infraction.

9.06.010 Findings and purpose.

A.    State law prohibits smoking in all public buildings and within twenty (20) feet of a public building, which includes city-owned or leased buildings that are occupied by the city of St. Helena.

B.    State law prohibits smoking within twenty-five (25) feet of playgrounds and tot lots.

C.    No state law mechanism exists under which local police can enforce these smoking prohibitions.

D.    State law allows the city to adopt a more restrictive ordinance regarding smoking on or around government facilities and playgrounds.

E.    Nonconsensual exposure to secondhand smoke at sports facilities, sports spectator areas, and municipal parks is a nuisance and a threat to the health of the general public and sports players and spectators.

F.    As aerosol emissions from electronic smoking devices have been found to contain at least ten (10) chemicals that are on California’s list of chemicals known to cause cancer, birth defects, or other reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene, lead, nickel, nicotine, N nitrosonornicotine, and toluene, secondhand exposure to e-cigarette aerosol is a health concern.

G.    People exposed to aerosol emissions from electronic smoking devices and electronic cigarettes absorb nicotine, a substance that can cause cancer, birth defects, or reproductive harm, at levels comparable to secondhand smoke, and are also exposed to volatile organic compounds and other particulate matter that can lead to tissue inflammation.

H.    Nonsmokers who suffer from allergies, respiratory disease, or the negative effects of breathing secondhand tobacco smoke or aersol emissions from electronic smoking devices or electronic cigarettes may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions.

I.    Accordingly, the city council finds it is within its basic police power to implement and enforce the provisions of this chapter, and declares that the purposes of this chapter are:

1.    To effectuate state law preventing smoking inside all public buildings and within twenty (20) feet of public buildings, all to the general health, safety, and welfare of the public;

2.    To assist in the enforcement of laws prohibiting smoking in all public buildings and within twenty (20) feet of a public building; and

3.    To protect the health of the general public, including sports players, spectators who utilize the sports facilities and sports spectator areas, and those who use playground structures and municipal parks. (Ord. 18-4 § 1 (Exh. A (part)): Ord. 12-4 § 1: Ord. 08-3 (part))

9.06.020 Definitions.

For the purposes of this chapter:

A.    “Electronic smoking device or electronic cigarette” means an electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver vapors for an inhaled dose of nicotine or other substance. This term shall include, without limitation, every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vaporizer, a device that heats a flavored liquid, usually containing nicotine, until it produces a vapor, or any other similar product name or descriptor.

B.    “Inside a public building” means all indoor areas of the building, except for covered parking lots and residential space. “Inside a public building” includes any indoor space leased to the state, county, or city, except for covered parking lots and residential space (a private living area, not including common areas such as lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of a multi-complex building such as a dormitory).

C.    “Public building” means a building, or any area within a building, owned and occupied, in whole or in part, or leased and occupied, in whole or in part, by the state, county, or the city of St. Helena.

D.    “Public sports facilities” means property owned by the city that has as its main purpose the facilitation of the playing of a sport, including but not limited to baseball fields, soccer fields, tennis courts, basketball courts, skateparks, volleyball courts, swimming pools, and bocce courts.

E.    “Public sports spectator areas” means the areas designated for the use of spectators of sports at public sports facilities, including but not limited to bleachers and seating areas, and any other area within such proximity to public sports facilities that its use by spectators is common.

F.    “Playground structures” means areas constructed and/or intended as an outdoor area set aside for primarily children’s recreation and play, containing equipment such as swings, slides, or other play structures.

G.    “Smoking” means and includes (1) inhaling, exhaling, burning, carrying, or leaving any lighted cigar, cigarette, weed or plant or other combustible substance whose smoke is intended to be inhaled; (2) inhaling or exhaling upon burning or carrying any lighted smoking equipment for tobacco, nicotine or any other plant or product used for personal habit commonly known as smoking and/or (3) inhaling or exhaling upon, vaporizing or otherwise using any electronic smoking device or electronic cigarette. (Ord. 18-4 § 1 (Exh. A (part)): Ord. 08-3 (part))

9.06.040 Smoking prohibited in and around city buildings.

Smoking shall be prohibited, and no person shall smoke, inside a public building or within twenty (20) feet of any entrance(s), exit(s), operable window(s), ventilation intake systems and covered entryways of any public building in the city of St. Helena. All public buildings owned or leased by the city of St. Helena shall have posted “No Smoking Within 20 Feet” signs outside of all entrance(s), exit(s), operable window(s), and ventilation intake systems. This prohibition shall be enforced consistent with the provisions of the St. Helena Municipal Code. (Ord. 18-4 § 1 (Exh. A (part)): Ord. 12-4 § 2: Ord. 08-3 (part))

9.06.060 Smoking prohibited at public sports facilities, public sports spectator areas, playground structures, and municipal parks.

Smoking shall be prohibited, and no person shall smoke, on the grounds of public sports facilities or public sports spectator areas, or on or around playground structures, or in municipal parks as that term is defined in Section 12.32.010. All public sports facilities, public sports spectator areas, playground structures, and municipal parks shall have posted “No Smoking” signs citing this code section outside, on, or near all entrance(s), exit(s), any existing operable window(s), and/or ventilation intake systems, or such sign shall be placed openly and in public view in such areas where no entrance/exit is obvious. (Ord. 18-4 § 1 (Exh. A (part)): Ord. 12-4 § 2: Ord. 08-3 (part))

9.06.080 Violations an infraction.

Violations of any section herein shall be considered an infraction and the provision herein shall be enforced consistent with the St. Helena Municipal Code. (Ord. 18-4 § 1 (Exh. A (part)): Ord. 08-3 (part))