8.20.040 Prohibition of smoking in public places, places of employment, and certain other areas.
A. Enclosed Areas. Smoking is prohibited in the enclosed areas of the following places within the city except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:
1. Places of employment.
2. Public places, other than bars as defined in this chapter.
3. Recreation areas.
4. Common areas.
5. Duplexes and multifamily residences, as provided in Section 8.20.050.
6. Hotels, motels and other temporary lodging.
B. Unenclosed Areas. Smoking is prohibited in the unenclosed areas of the following places within the city limits of the city except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:
1. Public places, including public plazas.
2. Within twenty feet of a working road or building and construction crew.
3. Recreation areas.
4. Open space.
5. Service areas.
6. Dining areas.
7. Common areas; provided, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets all of the criteria set out in Section 8.20.090.
8. Public events; provided, that the event sponsor may designate a portion of the unenclosed area of the public place being used for the event as a designated smoking area if the designated smoking area is at least twenty feet from any portion of the public place established for the preparation, service or consumption of food or drink, and at least one hundred feet from any portion of the public place established as a play area for children or a place to gather to witness a concert or similar exhibition; and provided further, that smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law.
C. Unless otherwise prohibited by law, smoking is not prohibited in the following enclosed areas:
1. At theatrical production sites, as part of the production and not by members of the audience.
2. Inside a detached, single-family home unless the home is used as a family day care home, a child care or health care facility licensed by the state of California and/or for a home occupation which has employees and/or is visited twice a month or more by members of the public.
3. Inside private vehicles.
D. Notwithstanding any other provisions of this section, nothing in this chapter prohibits any person, landlord, employer, or non-profit entity with legal control over any property or facility from declaring the entire property or facility as nonsmoking and prohibiting smoking on any part of such property or facility, even if smoking is not otherwise prohibited in that area.
(Ord. 2799 NCS §3, 2021; Ord. 2449 NCS §1 (part), 2013.)