CHAPTER 15. OFFENSES--MISCELLANEOUS.
Sec. 15-40. Smoking.
(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
(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.
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
(d) Prohibition Against Smoking in Certain Public Places.
Smoking shall be prohibited at all times in the following public
(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.
posting of this entrance as “No Smoking Within Twenty Feet” is
(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
(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
(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
(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
(3) Outdoor locations as specified in this subsection including
areas located within a distance of twenty from the entrances and exits to such
(A) Public events including, but not limited to, sports
events, entertainment, speaking performances, ceremonies, pageants and
(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
(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
(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
(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
(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.)