(a) Findings of Fact.
(1) The U.S. Environmental Protection Agency (EPA) has designated environmental tobacco smoke (ETS) a Class A carcinogen and has determined that ETS is a major source of indoor air pollution and a cause of lung cancer in nonsmokers.
(2) While all members of the population are at increased risk due to exposure to ETS, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders, cardiovascular disease and obstructive airway disease.
(3) State law prohibits the sale of tobacco products to individuals under the age of eighteen.
(4) It has been shown that minors have one hundred percent access to tobacco in vending machines.
(b) Statement of Purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize the health risk that secondhand smoke poses to citizens of the Woodland community by provisions designed to: (1) regulate access to tobacco products in vending machines; and (2) prohibit smoking in certain public places.
(c) Prohibition on Sale of Tobacco Products from Vending Machines. 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 designed or used for vending purposes, except where minors are prohibited from entering without adult supervision.
(d) Prohibition Against Smoking in Certain Public Places. Smoking shall be prohibited at all times in the following public places:
(1) Areas measuring a distance of twenty feet from the main entrance of a commercial building:
(A) The main entrance will be determined by either building design or how the address for the business is determined.
(B) The posting of this entrance as “No Smoking Within Twenty Feet” is mandatory.
(C) Exemptions to this section:
(i) Bars with ABC license type 40, 43, or 48 are exempt from the ordinance codified in this section between the hours of 8:00 P.M. and 4:00 A.M. of the following day, an eight-hour period.
(ii) Restaurants/bars with ABC license type 41, 47, 51, 52, 57, or 69 are exempt from the ordinance codified in this section after food service has ceased, but not before 8:00 P.M. of that day and lasting until 4:00 A.M. of the following day.
(iii) Vehicle occupants, whether the vehicle is either parked or in transit, which encroach on the twenty-foot radius to the main entrance of a commercial building are exempt from the ordinance codified in this section.
(iv) The twenty-foot radius established by the ordinance codified in this section does not extend into the building.
(2) Outdoor city park facilities: Buchignani Ball Park, Clark Field, Camarena Ball Park, Community Swim Center, the Municipal Swim Pool and any future outdoor city park facility operated primarily for youth events, as designated by the director of parks and community services. All such facilities shall be posted as nonsmoking;
(3) Outdoor locations as specified in this subsection including areas located within a distance of twenty from the entrances and exits to such outdoor locations:
(A) Public events including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants and fairs.
(e) Smoking Defined. For purposes of this section, “smoking” means inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe, weed, plant, or other combustible substance in any manner or in any form.
(f) Violations and Penalties. Any person or entity which violates the prohibitions or fails to meet the requirements of this section shall be guilty of an infraction, punishable in the manner hereinafter prescribed:
(1) Upon the first violation, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed one hundred dollars;
(2) Upon the second violation within one year, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed two hundred dollars;
(3) Upon the third and additional violations within one year of previous violation, shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed five hundred dollars per conviction;
(4) These penalties are in addition to those which may be imposed pursuant to Health and Safety Code Section 25249.5 et seq. (Ord. No. 1257, § 2; Ord. No. 1440, § 3.)