Chapter 7.50


7.50.010    Title.

7.50.020    Findings and purposes.

7.50.030    Definitions.

7.50.040    Smoking prohibited.

7.50.050    Employee notification requirements.

7.50.060    Smoking permitted.

7.50.070    Posting of signs.

7.50.080    Unlawful acts.

7.50.090    Enforcement.

7.50.100    Violations.

7.50.010 Title.

This chapter shall be known as the “Regulating Smoking in Certain Places Ordinance.”  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.020 Findings and purposes.

The city council finds and determines that there is an overwhelming body of evidence indicating the adverse effects of tobacco smoke on the health and physical comfort of people.  The purposes of this chapter are to protect the public health and welfare by prohibiting or regulating smoking in certain places and to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-free air, and to recognize that where these needs conflict, the need to breathe smoke-free air shall have priority.

The city recognizes that smoking is regulated by the state.  Nothing herein is intended to conflict with state law.  Where there is a conflict between this code and state law, the more restrictive of the two shall apply.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.030 Definitions.

The following words and phrases shall have the meanings set forth below when used in this chapter.  The singular shall include the plural and the plural shall include the singular.

A.    “Dining area” means an area containing tables or counters open to the public and designed, established, or regularly used for consuming food or drink, regardless if located on public or private property.

B.    “Enclosed area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:

1.    Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical constraints to airflow, including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or

2.    Four walls or other vertical constraints to airflow, regardless of composition, including, but not limited to, vegetation that exceeds six feet in height, whether or not those boundaries include vents or other openings.

C.    “Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant.  For purposes of this chapter, a tenant who sublets their unit (e.g., a sublessor) is not a landlord.

D.    “Multi-unit residence” means property containing two or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities.  Multi-unit residences do not include the following:

1.    A hotel or motel that meets the requirements of California Civil Code Section 1940(b)(2);

2.    A mobile home park;

3.    A campground;

4.    A marina or port;

5.    A single-family home, except if used as a health care facility subject to licensing requirements; and

6.    A single-family home with a detached or attached in-law or second unit permitted pursuant to California Government Code Sections 65852.1, 65852.150, 65852.2 or an ordinance of the city adopted pursuant to those sections, except if the single-family home or in-law/second unit is used as a health care facility subject to licensing requirements.

E. “Common area” means every enclosed area and every unenclosed area of a multi-unit residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.

F.    “Nonsmoking area” means any enclosed area or unenclosed area in which smoking is prohibited by:

1.    This chapter or other law;

2.    Binding agreement relating to the ownership, occupancy, or use of real property; or

3.    A person with legal control over the area.

G.    “Open to the public” means an area which is available for use by or accessible to the general public during normal course of business conducted by either public or private entities.

H.    “Parkway” means the portion of a street other than a roadway or a sidewalk, including a median and the area between the curb and the sidewalk, which may include landscaping.

I.    “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies.

J.    “Restaurant” means any establishment which gives, sells or offers for sale to the public any food for immediate consumption on the premises.  The term includes, but is not limited to, any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, cocktail lounge, sandwich stand, soda fountain, public or private lunchroom or dining room.

K.    “Retail tobacco store” means a retail establishment engaged primarily in the sale of tobacco products and tobacco accessories and the sale of other products is merely incidental.

L.    “Service area” means any area open to the public, whether publicly or privately owned area, designed or regularly used by one or more person(s) to receive or wait to receive goods, services, enter a public place, or make a transaction, whether or not such service includes exchange of money.  Service areas include, but are not limited to, information kiosks, bus stops, lines of automated teller machines, public telephones, and ticket purchase kiosks.

M.    “Sidewalk” means a pedestrian walkway as otherwise defined in Section 5600 of the Streets and Highways Code.

N.    “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing of materials contains no tobacco or nicotine and the purpose of the inhalation is solely olfactory, such as, for example, smoke from incense.  The term “smoke” includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and cannabis smoke.

O.    “Smoking” means engaging in an act that generates smoke, such as, for example, possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.

P.    “Tobacco product” means:

1.    Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

2.    Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

3.    Notwithstanding any provision of subsections (P)(1) and (P)(2) of this section to the contrary, “tobacco product” includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.  “Tobacco product” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

Q.    “Unenclosed area” means any area that is not an enclosed area.

R.    “Unit” means a personal dwelling space, even one lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as a private balcony, porch, deck, or patio.  “Unit” includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single-room occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit.  “Unit” includes, without limitation, a new unit.

S.    “Workplace” means an area which is utilized primarily for the conduct of a business or other enterprise, including, but not limited to, outdoor workplaces such as construction sites.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.040 Smoking prohibited.

It shall be unlawful to smoke in any of the following places within the city:

A.    Business Establishments.  Smoking is prohibited within all workplaces and other areas open to the public in business establishments providing goods or services to the general public and not otherwise mentioned in this section, including, but not limited to, retail service establishments, personal service establishments, financial institutions, and offices.

B.    City-Owned Vehicles.  Smoking is prohibited in city-owned vehicles.

C.    Designated Nonsmoking Areas.  Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls the use of any establishment described in this section may declare that entire establishment as a nonsmoking area.  In addition, any owner, operator, manager or other person who controls the use of any public or private establishment which is not described in this section may declare any portion or all of such establishment as a nonsmoking area and upon the posting of appropriate signs, smoking shall be prohibited in such areas.

D.    Elevators.  Smoking is prohibited in all elevators in buildings open to the public, including elevators in office, hotel and apartment buildings, irrespective of the number of units within such buildings.

E.    Entrances.  Smoking is prohibited within twenty feet horizontally or vertically of any entrances, exits, operable windows, or air intake openings into an enclosed area in which smoking is prohibited, except while the person is actively passing on the way to another destination.

F.    Health Care Facilities.  Smoking is prohibited in all areas open to the public, including lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical office, nursing or convalescent home or other health care facility.  If the facility contains a cafeteria or other form of restaurant, as defined in Section 7.50.030, such restaurant shall comply with the regulations set forth in subsection A of this section.  Smoking is further prohibited in any room occupied by two or more patients of a health care facility described herein, unless all patients within the room are smokers and request in writing upon the health care facility’s admission forms to be placed in a room where smoking is permitted.

G.    Hotel and Motel Common Areas.  Except as permitted in Section 7.50.060, smoking is prohibited in all areas of a hotel or motel that guests are entitled to enter or use, including, but not limited to, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pool areas, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.

H.    Individual Units in Multi-Unit Residences.  Smoking is prohibited in individual units of multi-unit residences.  Units in a multi-unit residence shall not be subject to the smoking restrictions until fourteen months after the effective date of this chapter, or until the legal occupants on the effective date of this chapter vacate the unit, whichever occurs first.  All new leases and lease renewals shall include a clause prohibiting smoking in all areas of the complex, including inside individual units and on private balconies or patios, but excepting designated smoking areas.

I.    Multi-Unit Residence Common Areas.  Smoking is prohibited in multi-unit residence common areas.

J.    Museums, Libraries and Galleries.  Smoking is prohibited in all areas of museums, libraries, and galleries which are open to the public.

K.    Public Events.  All special event permits shall prohibit smoking at events requiring such permits unless the organizer certifies that the event is for adults only and will not be promoted to attract children under the age of eighteen years.

L.    Public Lobbies and Hallways.  Smoking is prohibited in lobbies, hallways and other areas of city-owned or -controlled buildings which are open to the public.

M.    Public Meeting Rooms.  Smoking is prohibited in meeting rooms, hearing rooms, conference rooms, chambers and other places of public assembly in which the business of the city is conducted by any elected or appointed official, council, commission, committee, or board which requires or permits direct participation or observation by the general public.

N.    Public Restrooms.  Smoking is prohibited in restrooms open to the public.

O.    Recreation Area.  Smoking is prohibited in any outdoor area that is publicly owned and open to the general public for recreational purposes, regardless of any fee or age requirement.  The term “recreational area” includes, but is not limited to, beaches, riparian areas, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, and skateboard parks.

P.    Recreation Area Parking Area.  Smoking is prohibited in any parking lot or any other area designated or primarily used for parking vehicles of persons accessing a recreational area.

Q.    Restaurants.  Smoking is prohibited in all restaurant spaces and dining areas.

R.    Service Areas.  Smoking is prohibited in all service areas.

S.    Smoking Prohibited Where Prohibited by State Law.  Wherever smoking is prohibited by state law, smoking shall be prohibited in Half Moon Bay.

T.    Theaters and Auditoriums.  Smoking is prohibited within all parts of any building which is used for exhibiting any motion picture, stage drama, performance or other similar performance, which parts are open to the public; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production.

U.    Any public sidewalk or walkway, or any parkway, curb or gutter.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.050 Employee notification requirements.

A.    Any employer having a workplace located within the city of Half Moon Bay shall inform employees of workplace smoking restrictions pursuant to the city code.

B.    Places of employment exempt from the prohibition of smoking in Section 7.50.060 shall also be exempt from this section.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.060 Smoking permitted.

A.    Smoking is not prohibited within any of the following places:

1.    Retail tobacco stores, regardless of whether they also serve as a place of employment.

2.    Twenty percent of guest room accommodations in a hotel or motel.

3.    Any areas not generally open to the public, except as otherwise provided in Section 7.50.040.

4.    Private residences except (a) multifamily residence common areas, (b) individual units in multifamily residences as provided in Section 7.50.040, and (c) where state law prohibits smoking, as, for example, during the provision of child care.

5.    Within a moving or stationary vehicle, including a vehicle on a public street or right-of-way or parked in a public place, except for city-owned vehicles, state-owned passenger vehicles, vehicles in which a minor is present, vehicles in which a nonsmoking employee is present, vehicles regularly used to transport a child in residential foster care, youth buses as defined in California Vehicle Code Section 12523, and buses, taxicabs, and rideshare vehicles in which a passenger is present.

B.    Notwithstanding the foregoing, any owner, operator, manager or other person who controls the use of any public or private establishment or place described in subsection A of this section may voluntarily designate any portion or all of such establishment or place as a nonsmoking area.

C.    Notwithstanding any other provisions of this chapter, use of an electronic smoking device in a multifamily residence by a qualified medical cannabis patient as defined in California Health and Safety Code Section 11362.7 et seq. is not prohibited by this chapter.  Notwithstanding the foregoing, such use of marijuana may be prohibited or regulated by other provisions of this code, state law, or federal law.

D.    Notwithstanding the foregoing, smoking is not allowed in any location where it is prohibited by state law.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.070 Posting of signs.

A.    Where smoking is prohibited throughout a building or structure, “No Smoking” signs shall be clearly posted at each entrance to the building or structure.

B.    Where smoking is permitted in designated areas of a building or structure, signs stating that “Smoking is prohibited except in designated areas” shall be clearly posted at each entrance of the building or structure, and signs stating “Smoking Permitted” shall be clearly posted in all designated smoking areas of the building or structure.

C.    Any ashtray located in a nonsmoking area must have a sign conspicuously posted in close proximity to the ashtray stating “Smoking Prohibited—Extinguish Here,” or language with equivalent meaning.

D.    It shall be the responsibility of the owner, operator, manager or other person who controls the use of any place where smoking is regulated by this chapter to post the signs required by this section.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.080 Unlawful acts.

A.    It shall be unlawful for any person to smoke in a place where smoking is prohibited pursuant to this chapter.

B.    It shall be unlawful for any person who owns, operates, manages or controls the use of any place where smoking is prohibited or regulated under this chapter to fail to properly set aside required no smoking areas, to properly post any signs required by Section 7.50.070, to adopt a smoking restriction policy, or to comply with any other requirement of this chapter.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.090 Enforcement.

The city manager, or designee, is authorized to enforce the provisions of this chapter.  Any owner, operator, manager, employee, guest or customer of any establishment regulated by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions contained herein.  (Ord. C-2018-05 §2(Att. A)(part), 2018).

7.50.100 Violations.

The violation of any provision contained in this chapter shall constitute an infraction and a public nuisance, subject to enforcement and penalties, civil fines, and other remedies.  (Ord. C-2018-05 §2(Att. A)(part), 2018).