Chapter 9.50


9.50.010    Purpose.

9.50.020    Definitions.

9.50.030    Prohibition of Smoking in City Buildings and City Facilities.

9.50.040    Prohibition on Smoking in Workplaces.

9.50.050    Smoking in Public Places.

9.50.055    Smoking in City Parks.

9.50.060    Posting of Signs.

9.50.065    Tobacco Vending Machines Prohibited.

9.50.070    Violations—Penalties.

9.50.010 Purpose.

A.    The City Council finds that numerous studies have shown that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a significant health hazard for several population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.

B.    Health hazards induced by breathing secondhand smoke also include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchioconstriction, and bronchospasm. Nonsmokers who suffer allergies, respiratory diseases and other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of such adverse reactions.

C.    The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no other addictive product or drug, or cancer-causing product or drug, is sold through vending machines. Further, the U.S. Secretary of Health and Human Services, the U.S. Surgeon General, and leading voluntary health organizations all recommend the elimination of cigarette vending machines for health reasons.

D.    For all of these reasons, the City Council finds that the provisions of this chapter are essential to protect the public health, safety, and welfare. (Ord. 94-8, 6/14/94; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.020 Definitions.

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

“Bar” means premises licensed, with any type of license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises. Food products may be sold or served incidentally to the sale or service of alcoholic beverages.

“Director” means the Director of Parks, Recreation, and Community Services, or other person authorized by the Director pursuant to law.

“Electronic smoking device” means any product used to deliver vapor for inhalation. This includes every variation or type of such devices, including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs, or any other similar products. This does not include any medical devices such as asthma inhalers or similar equipment, or vaporizers designed to treat a medical condition by increasing vapor or humidity in a room rather than via direct inhalation.

“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls. Said walls may be penetrated by windows, doors, or passageways.

“Home occupation” means any use within a dwelling which has been issued a valid home occupation permit by the City of Santa Clarita.

“Incidental food sales/service” means the sale or service of food products in a bar if said sales/service constitutes less than twenty-five percent (25%) of the annual gross income of the bar; an amount higher than twenty-five percent (25%) of sales/service of food products constitutes a premises other than a bar.

“Park” means every park, roadside rest, golf course, riding and hiking trail, open space easement to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed, or controlled by the City and under the jurisdiction of the Director.

“Public place” means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, shopping malls, laundromats, public transportation facilities, reception areas, retail food production and marketing establishments, retail service establishments, retail stores, hotels and motels, theaters, and waiting rooms.

“Restaurant” means a place which is regularly, and in a bona fide manner, used and kept open for the serving of meals to guests for compensation, and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals.

“Retail electronic smoking device store” means a retail establishment utilized primarily for the sale of electronic smoking device products and accessories, and in which the sale of other products is merely incidental.

“Retail tobacco store” means a retail utilized primarily for the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.

“Separate ventilation system” means a system which is exhausted to the outside and negatively pressurized.

“Smoke or smoking” means holding, carrying, burning, emitting, inhaling, or exhaling the fumes or vapor of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance.

“Tobacco vending machine” means any machine or device designed for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, bills, trade checks, or slugs.

“Workplace” shall mean any enclosed area which is normally occupied by two (2) or more employees of a commercial enterprise, nonprofit entity, or the City of Santa Clarita; or any office that shares a heating, ventilation, and air conditioning system with a workplace. (Ord. 94-8, 6/14/94; Ord. 06-9 § 1, 11/28/06; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.030 Prohibition of Smoking in City Buildings and City Facilities.

Without any limitation on Section 9.50.040, it is unlawful for any person to smoke within any portion of the Santa Clarita City Hall structure which is reserved for City functions or business, or any other City facilities, out buildings or satellite offices, except where specifically designated. (Ord. 94-8, 6/14/94; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.040 Prohibition on Smoking in Workplaces.

A.    Smoking is prohibited and is unlawful in all workplaces of commercial enterprises, nonprofit entities and all City-owned and managed buildings and vehicles, including but not limited to open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception areas, waiting rooms, classrooms, meeting or conference rooms and auditoriums.

B.    On-site workplace cafeterias, lunchrooms, and lounges shall be deemed workplaces and smoking is prohibited, whether or not such facilities are open to members of the general public.

C.    Each commercial enterprise, nonprofit entity, and the City shall comply with these smoking prohibitions and be responsible for their implementation in the workplace, and “No Smoking” signs shall be posted in the manner prescribed in Section 9.50.060.

D.    Notwithstanding this section, a private residence including either an attached or detached garage shall not constitute a workplace, except when the residence serves as a child care or health care facility licensed pursuant to applicable State law. (Ord. 94-8, 6/14/94; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.050 Smoking in Public Places.

A.    Except as otherwise provided, it is unlawful for any person to smoke in any public place within the City of Santa Clarita.

B.    Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this section:

1.    Private residences, except when used as a child care or health care facility licensed pursuant to applicable State law.

2.    Dwellings used for home occupations.

3.    Retail tobacco or electronic smoking device stores.

4.    A maximum of fifty percent (50%) of the guest rooms in hotels and motels.

5.    Bars and restaurants where explicitly allowed by State law.

6.    Conference, banquet, or meeting rooms of private clubs or fraternal organizations when used exclusively by members or guests of the clubs or organizations. Such clubs and organizations shall designate, and make available to their employees, nonsmoking areas.

7.    An enclosed place of employment which employs only the owner and no other employee; provided, that:

a.    The place of employment is not a public place; and

b.    The enclosed area containing the place of employment has a separate ventilation system and does not share a ventilation system with any other enclosed place of employment or public place.

C.    The owner of any area exempted from the provisions of this section by subsection (B) of this section may nevertheless designate such an area as a nonsmoking area. If such an area is so designated, it is unlawful for any person to smoke in such an area. (Ord. 94-8, 6/14/94; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.055 Smoking in City Parks.

Except as otherwise provided, it is unlawful for any person to smoke in any park in the City of Santa Clarita. (Ord. 06-9 § 2, 11/28/06; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.060 Posting of Signs.

A.    Every owner, operator, manager, or other having control of an enclosed area regulated by this chapter shall conspicuously post at all exterior entrances to the enclosed area a “No Smoking” sign or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it).

B.    Every owner, operator, manager, or other person having control of a restaurant excepted from regulation by this chapter shall conspicuously post, visible at all exterior entrances to the enclosed area, signs indicating that the restaurant allows smoking or does not allow smoking, or does not allow smoking in certain portions of the restaurant. Said posting shall include a written description of the smoking policy in effect in said restaurant. (Ord. 94-8, 6/14/94; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.065 Tobacco Vending Machines Prohibited.

No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or appliance, or any other device designated or used for vending purposes. (Ord. 94-8, 6/14/94; Ord. 15-8 § 1 (Exh. A), 10/13/15)

9.50.070 Violations—Penalties.

Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of an infraction and shall be punished in accordance with Section 1.01.210. The City Manager and Code Enforcement Officers of the City are authorized and directed to enforce the provisions of this chapter. (Ord. 94-8, 6/14/94; Ord. 15-8 § 1 (Exh. A), 10/13/15)