Note: Prior history: Prior code §§ 12.10—12.18
and Ords. 2716, 3060, 3093, 3120, 3190, 3786 and 3793.
(A)
Secondhand
smoke has been repeatedly identified as a health hazard; and
(B)
There
is no Constitutional right to smoke; and
(C)
The
U.S. Surgeon General found there is no risk-free level of exposure
to secondhand smoke. Separating smokers from nonsmokers, cleaning
the air, and ventilating buildings cannot eliminate exposures of nonsmokers
to secondhand smoke; and
(D)
The
California Air Resources Board placed secondhand smoke in the same
category as the most toxic automotive and industrial air pollutants
by categorizing it as a toxic air contaminant for which there is no
safe level of exposure; and
(E)
The
California Environmental Protection Agency included secondhand smoke
on the Proposition 65 list of chemicals known to the State of California
to cause cancer, birth defects, and other reproductive harm; and
(F)
Exposure
to secondhand smoke anywhere has negative health impacts, and exposure
to secondhand smoke occurs at significant levels outdoors, as evidenced
by the following:
(1)
Levels of secondhand smoke exposure outdoors can reach levels attained
indoors depending on the direction and amount of wind and number and
proximity of smokers, and
(2)
Smoking cigarettes near building entryways can increase air pollution
levels by more than two times as compared with background levels,
with maximum levels reaching the "hazardous" range on the U.S. EPA's
Air Quality Index, and
(3)
According to a study, a person may have to move nearly 23 feet away
from the source of the smoke to be completely free from exposure to
secondhand smoke in outdoor places; and
(G)
Studies
document that secondhand smoke transfers between attached units within
a building and increases chemical contamination levels within nonsmoking
units; and
(H)
Cigarette
butts are a major and persistent source of litter, do not biodegrade,
and are often cast onto sidewalks and streets, frequently ending up
in storm drains that flow into creeks, rivers, and ultimately the
ocean; and
(I)
Studies
on electronic cigarettes' vapor emissions and cartridge contents have
found a number of dangerous substances including chemicals known to
the State of California to cause cancer such as formaldehyde, acetaldehyde,
lead, nickel, and chromium. Additional substances include PM2.5, acrolein, tin, toluene, and aluminum which are associated
with a range of negative health effects such as skin, eye, and respiratory
irritation, neurological effects, damage to reproductive systems,
and even premature death from heart attacks and strokes; and
(J)
The
U.S. Surgeon General found evidence that at high-enough doses nicotine
has acute toxicity. In addition, nicotine exposure during fetal development,
a critical window for brain development, has lasting adverse consequences
for brain development, nicotine adversely affects maternal and fetal
health during pregnancy, contributing to multiple adverse outcomes
such as preterm delivery and stillbirth, and nicotine exposure during
adolescence, a critical window for brain development, may have lasting
adverse consequences for brain development; and
(K)
Several
studies have concluded that vapor from electronic cigarettes may cause
passive or secondhand inhalation of vapor by surrounding people; and
(L)
There
are no studies that prove that inhalation of vapor from an electronic
cigarette is not harmful to health, and the long-term health risks
of the use of electronic cigarettes on device users and surrounding
people remain unknown; and
(M)
It
is in the interest of the City of Santa Rosa to ensure that people
living and working in Santa Rosa, and people visiting Santa Rosa,
have the opportunity to experience a smoke-free and vapor-free environment
if they desire.
(Ord. 4044 § 1, 2015)
(A)
To
protect the public health, safety and general welfare by providing
a smoke-free and vapor-free environment in public and private places
where nonsmokers may be exposed to secondhand smoke and vapor; and
(B)
To
protect the public health, safety and general welfare; and
(C)
To
guarantee the right of nonsmokers to breathe smoke-free and vapor-free
air, and to recognize that the need to breathe smoke-free and vapor-free
air has priority over the desire to smoke or use vapor products.
(Ord. 4044 § 1, 2015)
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
means any sole proprietorship, partnership, joint venture,
corporation, association, or other entity formed for profit-making
purposes or that has an employee, as defined in this section.
means every enclosed area or unenclosed area of a multifamily
residence that residents of more than one unit of that multifamily
residence are entitled to enter or use, including, but not limited
to, halls, paths, lobbies, courtyards, elevators, stairwells, community
rooms, playgrounds, gym facilities, swimming pools, parking garages,
parking lots, shared restrooms, shared laundry rooms, common cooking
areas and shared eating areas.
means a designated portion of an unenclosed area where smoking
may be allowed. The smoking area must meet all of the following criteria:
Must be located at least 25 feet in any direction from any operable
doorway, window, vent or other opening into an enclosed area;
Must be located at least 25 feet from unenclosed recreational
areas that are primarily used by children;
Must be located at least 25 feet from unenclosed areas that
have improvements that facilitate physical activity including playgrounds,
tennis courts, swimming pools, walking paths and sports fields;
Must be clearly identified by conspicuous signs, and have ash
receptacles, such as ash trays or ash cans, within the area for proper
disposal of smoking waste.
means any area available to or customarily used by the general
public, which is designed, established, or regularly used for consuming
food or drink.
means an electronic and/or battery-operated device, the use
of which may resemble smoking, which can be used to deliver an inhaled
dose of nicotine or other substances. "Electronic smoking device"
includes any such device, 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
product name or descriptor. "Electronic smoking device" does not include
any product specifically approved by the United States Food and Drug
Administration for the use in the mitigation, treatment, or prevention
of disease.
means any person who is employed by any employer or hired
as an independent contractor in consideration for direct or indirect
monetary wages or profit, and any person who volunteers his or her
services for a nonprofit entity.
means any person, partnership, corporation or nonprofit entity,
including a municipal corporation, who employs the services of one
or more persons.
means all space between a floor and ceiling where the space
is closed in on all sides by solid walls or windows that extend from
the floor to the ceiling. An enclosed area may have openings for ingress
and egress, such as doorways or passageways.
means any unit that is not a new unit.
means any person who owns property rented for residential
use, any person who lets residential property, and any person who
manages such property, except that "Landlord" does not include a master
tenant who sublets a unit as long as the master tenant sublets only
a single unit of a multifamily residence.
for purposes of this chapter means residential property containing
two or more units with one or more shared walls, floors or ceilings,
including, but not limited to, apartments, residential cooperatives,
residential condominiums, duplexes, and other attached housing. "Multifamily
residence" does not include:
A hotel or motel;
A mobile home park;
A campground;
A single-family detached residence;
A single-family home with an attached or detached accessory
dwelling unit as defined by Government Code Section 65852.2 when permitted
pursuant to local ordinance and/or applicable State law;
Residential care facilities for seniors licensed by the State
of California.
means a multifamily residence that is issued a certificate
of occupancy or final inspection on or after October 6, 2015, and
also a unit that is leased or rented for the first time on or after
October 6, 2015.
means any corporation, unincorporated association or other
entity created for charitable, educational, political, social or other
similar purposes, the net proceeds from the operations of which are
committed to the promotion of the objects or purposes of the organization
and not to private financial gain. A public agency is not a "nonprofit
entity" within the meaning of this section.
means properties and areas owned or operated by the City
and open to the general public for recreational purposes, including
parks, gardens, playgrounds, picnic and barbeque areas, sporting facilities,
including, but not limited to, bleachers, dugouts, ball fields, sport
courts, golf courses, swimming pools, and nature trails for walking,
running, and biking. The entire property, including parking areas,
is included in this definition.
means any area under the control of an employer that an employee
or the public may have cause to enter in the normal course of operations,
regardless of the hours of operation. Places of employment include,
but are not limited to, indoor work areas, bars, restaurants, at least
75 percent of the guest rooms in any hotel and motel, vehicles used
for business purposes, taxis, employee lounges and break rooms, conference
and banquet rooms, bingo and gaming facilities, long-term health care
facilities, warehouses, retail or wholesale tobacco shops, and private
residences used as licensed child care or health care facilities when
employees, children or patients are present during business hours.
The places specified in subdivisions (d)(1)-(8), (12)-(14) of the
Labor Code Section 6404.5 are places of employment for purposes of
this division and are regulated as specified in this chapter. The
places specified in subdivision (d)(9)-(11) of the Labor Code are
not places of employment for purposes of this chapter.
means any park or recreational area designed in part to be
used by children that has play or sports equipment installed or has
been designated or landscaped for play or sports activities, or any
similar facility located on public or private school property, or
on City property.
means any area in which the public is invited or in which
the public is permitted, including, but not limited to: places of
employment, banks, educational facilities, health facilities, public
transportation facilities, reception areas, restaurants, retail food
production and marketing establishments, retail stores, theaters and
waiting rooms.
means a distance that ensures that occupants of an area in
which smoking is prohibited are not exposed to secondhand smoke created
by smokers outside the area. This distance shall be a minimum of 25
feet.
means housing for seniors licensed by the State Health and
Welfare Agency, Department of Social Services, typically for residents
who are frail and need supervision. Services normally include three
meals daily, housekeeping, security and emergency response, a full
activities program, supervision in the dispensing of medicine, personal
services such as assistance in grooming and bathing, but no nursing
care.
means any coffee shop, cafeteria, tavern, sandwich stand,
soda fountain, private or public school cafeteria, and any other eating
establishment, organization, club, boardinghouse or guest house, which
gives or offers food for sale to the public, guests, patrons, members
or employees.
means a retail store utilized primarily for the sale of tobacco
products and accessories.
means the open display of tobacco products or tobacco paraphernalia
in a manner that is accessible to the general public without the assistance
of the retailer or employee of the retailer.
means any publicly or privately owned area, including streets
and sidewalks, that is designed to be used or is regularly used by
one or more persons to wait for or receive a service or make a transaction,
whether or not such service or transaction involves the exchange of
money, such as, but not limited to, ATM lines, outdoor food vending,
movie theater lines, and taxi cab stands. The term "service area"
includes all bus stops and other transit facilities.
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 consumption of the byproducts. The term "smoke"
includes, but is not limited to, tobacco smoke and vapors from electronic
smoking device paraphernalia. "Smoke" does not include the byproducts
of any device or product that has been approved for therapeutic purposes
by the U.S. Food and Drug Administration (FDA).
means igniting, inhaling, exhaling, burning, vaping, operating,
or carrying any lighted cigar, cigarette, pipe, hookah, electronic
smoking device, tobacco product, or any other combustible substance
including marijuana.
means sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar
places where members of the public assemble to engage in physical
exercise, participate in athletic competition, or witness sports events.
means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other
item designed for the smoking or ingestion of tobacco products.
means any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco. Also
includes any product or formulation of matter containing biologically
active amounts of nicotine or synthetic nicotine that is manufactured,
sold, offered for sale, or otherwise distributed with the expectation
that the product or matter will be introduced into the human body,
including, but not limited to, electronic smoking devices.
means any person who sells, offers for sale, or does or offers
to exchange for any form of consideration, tobacco, tobacco products,
or tobacco paraphernalia. "Tobacco retailing" shall mean the doing
of any of these things. This definition is without regard to the quantity
of tobacco, tobacco products, or tobacco paraphernalia sold, offered
for sale, exchanged, or offered for exchange.
means any area that is not an enclosed area.
for the purpose of this chapter means a residential personal
dwelling space, even where lacking cooking facilities or private plumbing
facilities, and includes any associated exclusive use enclosed area
or unenclosed area, such as, for example, a private balcony, porch,
deck, or patio.
means any electronic or mechanical device or appliance, the
operation of which depends upon insertion of money, whether in coin
or in paper bill, or other thing representative of value, which dispenses
or releases tobacco products and/or tobacco accessories.
(Ord. 4044 § 1, 2015; Ord. 2017-024 § 10)
(A)
Smoking shall be prohibited in the following places within the City except as provided in Section 9-20.080 of this chapter, 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)
All areas available to and customarily used by the general public
and all businesses patronized by the public, including, but not limited
to, places of employment, retail stores, hotels and motels, pharmacies,
banks, restaurants, offices, and all areas in enclosed shopping malls
inside and outside of retail stores;
(2)
Waiting rooms, hallways, wards, and rooms of health facilities, including
but not limited to, hospitals, clinics, physical therapy facilities,
doctors' offices and dentists' offices;
(3)
Elevators, public restrooms, indoor service lines, buses, taxi cabs,
and other means of public transit under the authority of the City
and in ticket, boarding and waiting areas of public transit;
(4)
Museums and galleries;
(5)
Sports arenas and convention halls;
(6)
Retail food establishments, including grocery stores;
(7)
Restaurants;
(8)
All places of employment.
(B)
Smoking
shall be prohibited within a reasonable distance (minimum of 25 feet),
as defined in this chapter, from any main entrance into an area in
which smoking is prohibited except while actively passing on the way
to another destination and without entering or crossing any area in
which smoking is prohibited.
(C)
Notwithstanding
any other provision of this chapter, any owner, operator, manager
or other person who controls any property may prohibit smoking within
the entire property, or any portion of the entire property.
(D)
Notwithstanding
any other provision of this chapter, electronic smoking devices may
be used within existing retail tobacco stores for product sampling.
New retail tobacco stores may allow use of electronic smoking devices
for product sampling provided that the new store is in a freestanding
building that does not share walls, floors, or ceilings with other
tenant spaces. All retail tobacco stores shall post signs prohibiting
people under 18 years of age from entering the establishment.
(Ord. 4044 § 1, 2015)
(A)
Smoking
shall be prohibited in the following unenclosed places within 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)
Parks and recreational areas, as defined in Section 9-20.030. Smoking may be allowed in designated smoking areas as authorized by the City Manager.
(2)
Dining areas, subject to special permit exception as set forth in subsection (C) of this section.
(3)
Old Courthouse Square, including any of the grass, fountain and seating
areas located within the public square commonly known within the City
as "Old Courthouse Square" located between Fourth Street on the northern
boundary and Third Street on the southern boundary.
(4)
Comstock Mall, consisting of pedestrian ways between the City's parking
garage located on D Street, on the eastern boundary, Santa Rosa Avenue
on the western boundary, First Street on the southern boundary and
Third Street on the northern boundary, including but not limited to
any fountains or benches within that area.
(5)
The pedestrian walk way running north-south, between Fourth Street,
on the southern boundary, and the Fifth Street public parking lot,
on the northern boundary, named by the City as "Jeju Way."
(6)
The City's downtown transit mall located between B Street on the
western boundary and Santa Rosa Avenue on the eastern boundary.
(7)
The City's Westside Transfer Station located on the corner of Marlow
Road and College Avenue.
(8)
Outdoor service areas.
(B)
Smoking
shall be prohibited within a reasonable distance (minimum of 25 feet),
as defined in this chapter, from any area in which smoking is prohibited
except while actively passing on the way to another destination and
without entering or crossing any area in which smoking is prohibited.
(C)
With
respect to privately owned unenclosed dining areas only, to the extent
that smoking is not otherwise prohibited by State or Federal law,
the owner or operator of any such area may apply to the City for a
one-day special event permit to allow for any event of which the use
of tobacco products is an integral part.
(Ord. 4044 § 1, 2015; Ord. 4047 § 1, 2015)
(A)
Smoking
shall be prohibited in all vehicles owned, leased or operated by the
City. Smoking shall be prohibited in all enclosed areas owned, leased
or operated by the City. Smoking shall be prohibited in all unenclosed
areas owned by the City. Smoking may be allowed in designated smoking
areas as authorized by the City Manager.
(B)
The
prohibition of smoking on and in public property does not apply to
streets, alleys, and abutting sidewalks, except that smoking shall
be prohibited within a reasonable distance (minimum of 25 feet) from
any area in which smoking is prohibited except while actively passing
on the way to another destination and without entering or crossing
any area in which smoking is prohibited.
(Ord. 4044 § 1, 2015)
(A)
Smoking
is prohibited in any new unit of a multifamily residence.
(B)
Except
as otherwise expressly provided herein, beginning August 7, 2016,
smoking is prohibited in any existing unit of a multifamily residence.
(C)
Beginning on October 6, 2015, smoking is prohibited in all common areas, except that a person with legal control over a common area, such as a landlord or homeowners' association, may designate a portion of the common area as a designated smoking area provided that at all times the designated smoking area complies with subsection (D).
(D)
A designated smoking area shall comply with the requirements of Section 9-20.030. In addition, designated smoking areas for multifamily residential properties shall be located at least 25 feet from all perimeter property lines abutting residential to minimize the impacts of outdoor smoking on adjacent property owners.
(E)
No
person with legal control over a common area in which smoking is prohibited
by this chapter or other law shall knowingly permit the presence of
ash trays, ash cans, or other receptacles designed for or primarily
used for disposal of smoking waste within the area.
(F)
Notwithstanding
any other provision 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., as amended, is not prohibited by this chapter.
(G)
Notwithstanding
any other provision of this chapter, use of electronic smoking devices
is allowed in the outdoor common areas of attached multifamily residential
developments provided that use of electronic smoking devices is prohibited:
(1) within a reasonable distance from enclosed areas where smoking
is prohibited, such as residential buildings; (2) within 25 feet of
unenclosed recreational areas that are primarily used by children;
and (3) within 25 feet of unenclosed areas that have improvements
that facilitate physical activity including playgrounds, tennis courts,
swimming pools, and sports fields.
(Ord. 4044 § 1, 2015)
(A)
Every
landlord of a multifamily residence, as defined in this chapter, in
order to demonstrate compliance with the applicable provisions in
this chapter, shall at a minimum include in every lease or rental
agreement for a multifamily residence a provision prohibiting any
smoking within any such unit, including any exclusive use areas such
as patios, balconies and porches, as well as in common areas and on
the property as a whole, except in a designated smoking area consistent
with this chapter. Such provision, which may be incorporated by amendment
to house rules applicable to the property, shall: (1) state that any
violation of the smoking prohibition by, through or under the control
of tenant be construed as a material breach of the lease or rental
agreement; and (2) be included in any rental or lease agreement at
the soonest date possible, but in no event later than August 7, 2016
for those multifamily units already in existence and occupied pursuant
to a lease other than a month-to-month lease as of the effective date
of the ordinance codified in this chapter. Multifamily residences
rented or leased on a month-to-month basis, and owner-occupied multifamily
residences, shall be converted to nonsmoking at the soonest date possible,
and no later than 60 days from the effective date of the ordinance
codified in this chapter.
(B)
Compliance with the requirement set forth in subsection (A) shall not excuse the landlord of a multifamily unit from taking appropriate steps to ensure tenant compliance with this chapter. The landlord shall be prepared to respond to and address complaints from other tenants on the property of violations of the smoking prohibitions.
(C)
For
purposes of this section, appropriate steps shall include the following:
(1)
Posting signs in compliance with the requirements of this chapter.
(2)
Sending every tenant written information on an annual basis for the
first three years following the adoption of the ordinance codified
in this chapter about the requirements of this chapter, to include
no smoking requirements and the location, if any, of a designated
smoking area on the property.
(3)
Notifying each tenant who is the subject of a smoking complaint of
the requirements of this chapter as well as the fact that a complaint
was lodged against the tenant and encouraging compliance.
(D)
So
long as the landlord can demonstrate that it has implemented all of
the appropriate steps towards compliance with this chapter, the landlord
shall not be found in violation of the chapter.
(Ord. 4044 § 1, 2015)
Notwithstanding any other section of this chapter, smoking is
permitted in the following locations within the City, unless otherwise
provided by State or Federal law, in which case State or Federal law
applies:
(A)
Private
residential property developed and occupied with single-family detached
housing, unless said residential property is used as a child care
or a health facility. Nothing in this chapter shall require a person
or entity who or which owns or controls a private residential property,
including, but not limited to, a condominium association or homeowners'
association to permit smoking and such a person may choose to prohibit
smoking throughout the property he, she or it owns or controls.
(B)
In
up to 25 percent of guest rooms in any hotel or motel, if the hotel
or motel permanently designates at least 75 percent of its guest rooms
as nonsmoking rooms, appropriately signs nonsmoking rooms and permanently
removes ashtrays and matches from them. Smoking rooms shall be segregated
from nonsmoking rooms and not interspersed. Nothing in this chapter
shall require a hotel or motel to provide smoking rooms and the owner
or operator of a hotel or motel may choose to prohibit smoking throughout
the property or choose to designate more than 75 percent of guest
rooms as nonsmoking.
(Ord. 4044 § 1, 2015)
(A)
No
employer, business, or nonprofit entity shall knowingly or intentionally
permit the smoking of tobacco products in an area which is under the
employer's, business', or nonprofit entity's control and in which
smoking is prohibited.
(B)
No
employer, business, or nonprofit entity shall knowingly or intentionally
permit the presence or placement of ash receptacles, such as, without
limitation, ash trays or ash cans, within an area which is under the
employer's, business's, or nonprofit entity's control and in which
smoking is prohibited, including, without limitation, inside the perimeter
of any reasonable smoking distance required by this chapter.
(C)
Notwithstanding
any other provision of this chapter, any employer, business, nonprofit
entity, or other person who controls any area may declare that any
part of such area in which smoking would otherwise be permitted is
a non-smoking area.
(Ord. 4044 § 1, 2015)
(A)
Tobacco retailer shall post plainly visible signs at each point of purchase of tobacco products which state: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. VALID IDENTIFICATION MAY BE REQUIRED TO PURCHASE TOBACCO." The letters of these signs shall be at least one-quarter-inch high. Notwithstanding the foregoing, any sign or posting in compliance with Title 17, Section 6902(a) of the California Code of Regulations shall also be deemed to be in compliance with this section.
(B)
It
is unlawful for any person to display tobacco products or tobacco
paraphernalia by means of a self-service display or to engage in tobacco
retailing by means of a self-service display. Tobacco retailing by
means of a vending machine is prohibited by this section.
(C)
No
person shall knowingly distribute or furnish without charge, or cause
to be furnished without charge to the general public, cigarettes or
other tobacco products, at any event open to the public, or in any
public place including but not limited to, any right-of-way, mall
or shopping center, park, playground and any other district, or any
park district, except in retail tobacco stores.
(Ord. 4044 § 1, 2015)
No person or employer shall discharge, refuse to hire, or in
any manner, retaliate against any employee or applicant for employment
because such employee or applicant exercises any rights afforded by
this chapter.
(Ord. 4044 § 1, 2015)
(A)
"Smoking"
or "No Smoking" signs, whichever are appropriate, with letters of
not less than one inch in height, or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a red bar across it) shall be clearly,
sufficiently and conspicuously posted in or outside of every building
or other place where smoking is controlled by this chapter, by the
owner, operator, manager or other person having control of such building
or other place. Signs are not required inside the units of multifamily
residences including private use areas. When a sign is posted on the
exterior of a building to indicate no smoking, it shall include the
distance limitations contained in this chapter.
(B)
Every
theater owner, manager or operator shall conspicuously post signs
in the lobby stating that smoking is prohibited within the theater
or auditorium, and in the case of motion picture theaters, such information
shall be shown upon the screen for at least five seconds prior to
the showing of each feature motion picture.
(Ord. 4044 § 1, 2015)
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
(Ord. 4044 § 1, 2015)
(A)
It
is unlawful for any person who owns, manages, operates or otherwise
controls the use of any premises subject to the regulation under this
chapter to fail to comply with its provisions.
(B)
It
is unlawful for any person to smoke in any area restricted by the
provisions of this chapter.
(C)
Any
person who violates any provision of this chapter shall be guilty
of an infraction, punishable by:
(1)
A fine not exceeding $100.00, for first violation;
(2)
A fine not exceeding $250.00, for a second violation of this chapter
within one year;
(3)
A fine not exceeding $500.00, for each additional violation of this
chapter within one year;
(4)
Any peace officer shall have the authority to enforce the provisions
of this chapter. Punishment under this chapter shall not preclude
punishment pursuant to any provision of law proscribing the act of
littering.
(D)
Misdemeanors.
Any person who violates any provision of this article in excess of
three times within one year shall be deemed guilty of a misdemeanor.
(E)
Each
day that a violation of this article continues shall constitute a
separate violation of this article.
(F)
In
addition to other remedies provided by this chapter or by other law,
any violation of this chapter may be remedied by a civil action brought
by the City, including, for example, administrative or judicial nuisance
abatement proceedings, civil or criminal code enforcement proceedings,
and suits for injunctive relief. In any such action, the City may
seek reimbursement for the costs of any investigation, inspection
or monitoring survey which led to the establishment of the violation,
and for the reasonable costs of preparing and bringing administrative
action under this chapter. The foregoing remedy shall be deemed nonexclusive,
cumulative and in addition to any other remedy the City may have at
law or in equity, including, but not limited to, injunctive relief
to prevent violations of this chapter.
(G)
Any
owner, manager, operator or employer of any establishment controlled
by this chapter shall have the right to inform persons violating this
chapter of the appropriate provisions thereof.
(Ord. 4044 § 1, 2015)
Secondhand smoke constitutes a nuisance. Notwithstanding any
other provisions of this chapter, a private citizen may bring a legal
action to abate secondhand smoke as a nuisance. Emissions from electronic
smoking devices are not considered a nuisance for the purposes of
this declaration.
(Ord. 4044 § 1, 2015)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional and invalid,
such decision shall not affect the validity of the remaining portion
of this chapter. The City Council hereby declares that it would have
passed the ordinance codified in this chapter and every section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases
be declared invalid or unenforceable.
(Ord. 4044 § 1, 2015)
