Chapter 11.24
SMOKING REGULATIONS

Sections:

11.24.010    Purpose and findings.

11.24.020    Definitions.

11.24.030    Prohibition of smoking in designated enclosed areas.

11.24.035    Prohibition of smoking at parks, playgrounds and recreation areas.

11.24.037    Prohibition of smoking in areas zoned as open space (O).

11.24.040    Posting requirements.

11.24.050    Enforcement.

11.24.060    Penalty for violations.

11.24.070    Other applicable laws.

11.24.080    Repealed.

11.24.010 Purpose and findings.

The council of the city of Pacific Grove hereby finds:

(a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

(b) Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard for certain population groups, including elderly people, those with cardiovascular disease, and those with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

(c) Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasa; and

(d) The smoking of tobacco, or any other plant, is a proven danger to health; and

(e) Section 6404.5 of the California Labor Code prohibits smoking in a “place of employment,” with certain exceptions, and also provides that local government may regulate smoking in any areas not included within the definition of place of employment. The provisions of this chapter are intended to prohibit smoking in areas deemed by the council as worthy of regulation, such areas, in the opinion of the council, not covered by Labor Code Section 6404.5. [Ord. 1977 N.S. § 1, 1995; Ord. 1582 N.S., 1987; Ord. 876 N.S. § 1, 1976].

11.24.020 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

“Beach” means all sand areas and adjacent water areas of a public park within the city of Pacific Grove.

“Enclosed area” means an area closed in by a roof and four walls with appropriate openings for ingress and egress.

“Oceanfront” means the area within the city of Pacific Grove that abuts Sunset and Ocean View Blvd. and extends to the Monterey Bay. This area includes the recreational trail.

“Reasonable distance” shall mean a distance of 20 feet in any direction from an area in which smoking is prohibited.

“Smoke” or “smoking” means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of the smoke of a pipe, cigar or cigarette of any kind, including but not limited to tobacco or any other weed or plant. [Ord. 10-032 § 3, 2010; Ord. 1582 N.S., 1987; Ord. 876 N.S. § 1, 1976].

11.24.030 Prohibition of smoking in designated enclosed areas.

Smoking shall be prohibited in the following places within the city:

(a) Within public buildings in areas available to and customarily used by the general public;

(b) Public areas of all buildings used for recreational purposes; provided, that this prohibition shall not apply when such an area is rented for a private, closed function;

(c) Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transit under the authority of the city;

(d) Enclosed theaters, auditoriums and halls which are used for motion pictures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production;

(e) Public schools and other public facilities under the control of another public agency, which are available to and are customarily used by the general public, to the extent that the same are subject to the jurisdiction of the city. [Ord. 10-032 § 4, 2010; Ord. 1977 N.S. § 2, 1995; Ord. 1960 N.S. § 1, 1994; Ord. 1587 N.S., 1987; Ord. 1582 N.S., 1987; Ord. 919 N.S. § 1, 1977; Ord. 876 N.S. § 1, 1976].

11.24.035 Prohibition of smoking at parks, playgrounds and recreation areas.

Smoking shall be prohibited in any outdoor area that has been improved or developed by or on behalf of the city, and open to the general public for park or recreational use, including but not limited to public parks, picnic areas, playgrounds, sports or playing fields, and beaches, including:

(a) The oceanfront.

(b) El Carmelo Cemetery.

(c) The Elmarie Dyke Open Space between Sixteenth Street and Seventeenth Street and contiguous to Chautauqua Hall.

(d) Any area designated as a “farmers’ market” and within a reasonable distance of all entrances and exits to any farmers’ market. [Ord. 10-032 § 5, 2010; Ord. 06-001 § 1 (Atth), 2006].

11.24.037 Prohibition of smoking in areas zoned as open space (O).

(a) Smoking shall be prohibited in any outdoor area zoned as open space (O).

(b) The provisions of this section shall apply to the golf links pro shop, clubhouse and patio area between the pro shop and the clubhouse, but shall not apply to areas of the golf course in use as pathways, tees, fairway or greens. [Ord. 10-032 § 6, 2010].

11.24.040 Posting requirements.

“No smoking” signs, with letters of not less than one inch in height, or the international “no smoking” symbol shall be clearly and conspicuously posted in every building or other place where smoking is prohibited by this chapter. [Ord. 1977 N.S. § 4, 1995; Ord. 1582 N.S., 1987; Ord. 876 N.S. § 1, 1976].

11.24.050 Enforcement.

(a) Enforcement of this chapter shall be implemented by the city manager or his or her designee.

(b) Anyone who desires to register a complaint hereunder may initiate enforcement with the city manager or his or her designee.

(c) Any owner, manager, operator or employee of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions hereof. [Ord. 1977 N.S. § 4, 1995; Ord. 1582 N.S., 1987; Ord. 876 N.S. § 1, 1976].

11.24.060 Penalty for violations.

(a) It is unlawful and an infraction for any person who owns, manages, operates or otherwise controls the use of any premises subject to the provisions of this chapter to fail to: properly post signs required hereunder; properly set aside no smoking areas; comply with any other requirements of this chapter.

(b) It is unlawful and an infraction for any person to smoke in any area restricted by the provisions of this chapter.

(c) Any violations of any provisions of this chapter may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 09-005 § 17, 2009; Ord. 08-006 § 34, 2008; Ord. 1977 N.S. § 4, 1995; Ord. 1582 N.S., 1987].

11.24.070 Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. [Ord. 1977 N.S. § 4, 1995; Ord. 1582 N.S., 1987].

11.24.080 Severability.

Repealed by Ord. 08-006. [Ord. 1977 N.S. § 4, 1995; Ord. 1582 N.S., 1987].