CHAPTER 5.64
ELECTRONIC SMOKING DEVICES
SECTION:
5.64.030 Locations Where Smoking Of Electronic Smoking Devices Is Prohibited
5.64.040 Unlawful Acts Designated
5.64.050 Other Requirements And Prohibitions
5.64.060 Violations – Enforcement And Penalties
5.64.010 PURPOSE:
In enacting the ordinance codified in this chapter, it is the intent of the city council to provide for the public health, safety and welfare by discouraging the use of electronic smoking devices around nonusers, especially children; by protecting the public from exposure to secondhand byproducts of electronic smoking devices where they live, work and play; by facilitating uniform and consistent enforcement of smoke-free air laws; and by reducing the potential for re-normalizing smoking in public places and places of employment. (Ord. 2015-87, 9-21-15)
5.64.020 DEFINITIONS:
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
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ELECTRONIC SMOKING DEVICE |
An electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of vapors including nicotine or other substances. "Electronic smoking device" includes any such electronic smoking devices, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other similar product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of diseases. |
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SMOKE OR SMOKING |
Means inhaling, exhaling, burning, or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation, and the operation or use of any electronic smoking device. |
(Ord. 2015-87, 9-21-15)
5.64.030 LOCATIONS WHERE SMOKING OF ELECTRONIC SMOKING DEVICES IS PROHIBITED:
It shall be a violation of this chapter to use or smoke an electronic smoking device in any of the following locations in the city:
A. All areas where smoking of tobacco products is prohibited by state and federal law, including but not limited to indoor workplaces, bars and restaurants (California Labor Code section 6404.5), state, county and city buildings (California Government Code sections 7596 through 7598), and tot lots and playgrounds (California Health and Safety Code section 104495); and
B. All places in the city where smoking of tobacco products in recreational areas is prohibited pursuant to chapter 5.48, Smoking In Recreational Areas. (Ord. 2015-87, 9-21-15)
5.64.040 UNLAWFUL ACTS DESIGNATED:
A. It is unlawful for any person to use an electronic smoking device in any place in the city where smoking is prohibited.
B. No employer or other person with responsibility for management or control of a place where smoking is prohibited shall knowingly and intentionally allow smoking of electronic devices in violation of this chapter. (Ord. 2015-87, 9-21-15)
5.64.050 OTHER REQUIREMENTS AND PROHIBITIONS:
A. Existing "No Smoking" signs in the city shall be modified in a manner reasonably likely to inform individuals that e-smoking is included and prohibited.
B. Failure to modify existing "No Smoking" signs as required by subsection A of this section shall not be a defense to a violation of any provision of this chapter.
C. No person 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. (Ord. 2015-87, 9-21-15)
5.64.060 VIOLATIONS – ENFORCEMENT AND PENALTIES:
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Each violation of this chapter by a person because of a person’s smoking or use of an electronic smoking device is an infraction subject to a twenty five dollar ($25.00) fine. Other violations of this chapter constitute misdemeanors punishable as provided in section 1.16.010 or may, in the discretion of the city prosecutor, be prosecuted as infractions if the interests of justice so require.
C. Any peace officer or code enforcement officer may enforce the provisions of this chapter. (Ord. 2015-87, 9-21-15)