ORDINANCE NO. 6 5 91
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 6. 30 ( SMOKING IN PUBLIC PLACES) OF TITLE
6 ( PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM
MUNICIPAL CODE TO PROHIBIT SMOKING IN PUBLIC
PARKS AND WITHIN SPECIFIED DISTANCES OF
SCHOOLS, DAY CARE CENTERS AND TRANSIT STOPS
WHEREAS, the California Indoor Clean Air Act of 1976, asamended (commencingwith Section 118920 of the California Health and Safety Code), authorizes local governing bodiesto regulate smoking or ban completely the smoking of tobacco in any manner not inconsistentwith state law;
WHEREAS, there is extensive evidence demonstratingthat the smoking of tobaccoand other substancesis a dangerto the health of smokers and otherswho, becauseof proximity to the smoker and/or inadequateventilation, are subject to the smoke. The presenceof smokein the environment also constitutes a material annoyance and discomfort to nonsmokers; WHEREAS, the City Council enactedChapter 6.30 of the Anaheim Municipal Code AMC") in 1986to prohibit smoking in certain public and privately -owned buildings basedon a finding thatthesmokingof tobacco, or anyotherweed, plantor substanceis apositivedangerto peoples' health;
WHEREAS, in 2017, the City Council amendedAMC Chapter 6.30 to addressthe emergenceandproliferation of vaping and e-cigarettesasnew methods of consuming nicotine products;
WHEREAS, in 2016, the voters of California passedProposition 64, legalizing the useof recreational cannabis in California;
WHEREAS, through the adoption of Proposition 64, the People of the State of California prohibited cannabisuse in all public places, aswell asin all placeswhere tobacco/nicotine useis alsoprohibited;
WHEREAS, since the enactment of Proposition 64, there has been an increase in smoking and cannabisuse in public places, including in or near areasfrequentedby children, such asparks, schools, day carecenters, andpublic bus stops; WHEREAS, in order to further the public health, safety andwelfare, the City Council desiresto extend the AMC' s smoking ban to public parks, aswell asto prohibit smoking within a specified distanceof schools, day carefacilities, and public transit stops; and WHEREAS, the City Council also desiresto make clear that the definition of smoking includes all cannabis, weed andplant products, aswell asto make other modifications to Chapter
6.30 for consistencypurposes.
Section 1: Anaheim Municipal Code Chapter 6.30 is hereby amendedto read in full as follows:
CHAPTER 6. 30 SMOKING IN PUBLIC PLACES.
6. 30. 010 PURPOSE AND FINDINGS.
There is extensive evidenceto prove that the smoking of tobacco and other substancesis a dangerto the health of smokersand others who, becauseof proximity to the smoker or inadequateventilation, are subject to the smoke. The presenceof smoke in the environment also constitutes a material annoyance and discomfort to nonsmokers.
The California Legislature has determined that tobacco smoke is a hazard to the health of the generalpublic and hasauthorized local public entities to ban or regulate smoking in any manner not inconsistent with Statelaw. This chapter furthers the public health, safety and welfare by prohibiting smoking in certain areas.
6. 30. 020 DEFINITIONS.
The following words andphrases, whenever used in this chapter, shall be construedasdefined in this section:
A. " Bar" meansan areawhich is devoted to serving alcoholic beveragesand in which the service of food is only incidental to the consumption of suchbeverages.
B. " Electronic cigarette", also known as an e-cigarette, meansan electronic and/or battery - powered device, the useof which may resemble smoking, which canbe used to deliver an inhalable dose of nicotine, cannabis or other substances into the form of a vapor that is inhaled by the user. "Electronic cigarette" includes any suchdevice, whether manufactured, distributed, marketed or sold asan electronic cigarette, e-cigarette, an electronic vaping device, apersonal vaporizer, an electronic nicotine delivery system (`ENDS"), an electronic cigar, an electronic cigarillo, an electronic pipe or any other product nameor descriptor. `Electronic cigarette" shall include any refill, cartridge and any other component of an electronic cigarette.
C. " Employee" meansany person who is employed by any employer for direct or indirect monetary wages, profit, or any other form of consideration.
D. " Employer" meansany person, partnership, corporation, including municipal corporation, or other entity which employs the servicesof four or more persons.
E. " Enclosed facility" meansany building or room within a building closed in by a roof and four walls with appropriate openings for ingress and egress but does not include areas commonly described as public lobbies.
F. " Motion picture theater" means any theater engagedin the businessof exhibiting motion pictures.
G. " Serviceline" meansan indoor line or areain which personsawait service of any kind, regardlessof whether or not such service involves the exchangeof money or other consideration.
Such service shall include, but is not limited to, sales, giving of information, directions, or advice and transfers of money or goods.
H. " Smoke" or "Smoking" meansand includes any of the following: ( 1) the direct burning or indirect heating of any cigar, cigarette, pipe, electronic cigarette, or any similar kind of smoking equipment or article using any form of tobacco, nicotine, weed, cannabis, plant product, or other combustible substancein any form, or (2) the holding or carrying of a lighted or operatedcigar, cigarette, pipe, electronic cigarette, or any other lighted smoking equipment or device, or (3) emitting or exhaling the smokedirectly from a cigar, cigarette, pipe, electronic cigarette, or any other lighted smoking equipment or device. "Smoke" also meansthe gaseousor vaporous products or particles createdby the useof a lighted or operatedpipe, cigar, cigarette, electronic cigarette, or other kind of smoking equipment or article.
I. " Workplace" meansany enclosedareaof a structure or portion thereof occupied by a businessentity and frequentedby employeesduring the normal course of their employment and where clerical, professional, or businessservicesof the businessentity areperformed or where other work is done at that location. Workplace includes, but is not limited to, spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes, employeelounges, conferencerooms and employee cafeterias. A private residenceis not a workplace.
6. 30. 030 SMOKING PROHIBITED — ELEVATORS.
Smoking is prohibited and is unlawful within elevators in public or private buildings generally usedby and opento the public including, but not limited to, elevatorsin office, hotel and multifamily residential buildings.
6. 30. 040 SMOKING PROHIBITED — HOSPITALS AND HEALTH CARE FACILITIES.
A. In public areasof health care facilities and hospitals, asdefined in Section 1250 of the California Health and Safety Code, including waiting rooms, public hallways and lobbies, all smoking is prohibited, exceptin specially designatedsmoking areas, which may be all or part of a public area.
B. Every publicly or privately owned health care facility, including hospitals, shall make a reasonableeffort to determinepreference and to assignpatientsplaced in rooms occupied by two or more patients according to the patient's individual nonsmoking or smoking preference.
C. In rooms and areasoccupied by two or more patients, smoking shall be prohibited for hospital staff, visitors andthe generalpublic. " STAFF AND VISITOR SMOKING PROHIBITED" signs shall be conspicuously posted in suchareas.
6. 30. 050 SMOKING PROHIBITED — CITY - OWNED AND OPERATED BUILDINGS.
A. It is unlawful for any personto smokewithin any enclosedbuilding, or within any portion of any enclosedbuilding, or in any outdoor areawithin twenty-five ( 25) feet of a main exit, entrance, operable window, or ventilation intake of any enclosed building, which building, or portion thereof, is owned by the City of Anaheim.
B. For purposesof this section, the following terms shall have the respectivemeanings hereinafter set forth:
i) The term "building" shall not include the Anaheim Convention Center or Anaheim Stadium, or any portions thereof.
ii) The terms " City" and " City of Anaheim" shall include the City of Anaheim, the City of Anaheim, as SuccessorAgency to the Anaheim RedevelopmentAgency, the Anaheim Housing Authority, the Anaheim Public Financing Authority, the Anaheim Housing and Public Improvements Authority, and the Anaheim Public Improvement Corporation. iii) Theterm "owned" shallincludeanypropertyinterestof theCity of Anaheim (asherein defined) whereby the City hasobtained the right of exclusive possessionor occupancy whether by fee title, or as lessee, sublessee, tenant, licensee or otherwise.
6. 30. 055 SMOKING PROHIBITED — ANAHEIM CONVENTION CENTER.
A. It is unlawful for any personto smokein any place or areawithin the Anaheim Convention Center, or in any outdoor areawithin twenty- five ( 25) feet of a main exit, entrance, operable window, or ventilation intake of the Anaheim Convention Center.
B. The term " Anaheim Convention Center" as used herein shall mean the indoor areas of the facilities generally located at 800 West Katella Avenue, Anaheim, California, including without limitation the arenafacility operatedat such location, regardlessof whether suchfacilities continue to be known by suchname or by any other commercial or non-commercial name.
6. 30. 060 SMOKING PROHIBITED — THEATERS.
A. Smoking is prohibited and is unlawful in every publicly or privately owned motion picture theaterwhich is open to the public for the primary purpose of exhibiting any motion picture in all areasexcepteither in that areacommonly known as the lobby, or in areasnot open to the public.
Every owner and/or managerof suchtheater shall post signs conspicuously in the lobby stating that smoking is prohibited within the theater and such information shall be shown upon the screenfor at leastfive secondsbefore showing feature motion pictures.
B. Where not otherwise prohibited by law, smoking may be prohibited within all or any portion of any auditorium or other enclosedfacility which is opento the public for the purposeof exhibiting any stagedrama, musical recital, athletic event or any other performance or event opento the public upon the posting of signs in those certain areaswhere smoking is prohibited as determinedby the owner or person in control of said facility or portion thereof. Said signs shall beposted conspicuously in the areaswhere smoking is prohibited and shall conform to the specifications set forth in Section 6.30.120 of this chapter. The term "person in control of said facility or portion thereof' asusedin this section shall meanany personor entity which has leased, rented, hired or otherwise obtained the right to use of such facility or portion thereof for the purposeof exhibiting suchperformance or event to the public. Nothing containedherein shall require the owner or personin control of such facility or portion thereof to designateand post suchfacility or portion thereof asa nonsmoking areaexceptin those certain facilities and areas where smoking is prohibited by the fire marshal or by any other law, ordinanceor regulation.
6. 30. 065 SMOKING PROHIBITED — ANAHEIM STADIUM.
010 Except ashereinafter provided, it is unlawful for any personto smoke in anyplace or areawithin Anaheim Stadium, including, but not limited to, any event seating, aisle areas, all areaslocated inside the gates/turnstiles, and within twenty five (25) feet of the entranceto all gates/turnstiles usedfor patron ingressand egress, ticket windows, will -call windows, ticket office and the entryway to the team store.
020 Notwithstanding subsection .010 above, nothing contained in this section shall be deemedto prohibit smoking upon or within rampways within Anaheim Stadium that are clearly designatedwith written signageasa smoking area. For purposesof this section, "rampways" meansthe pedestrianaccesswayswhich connect andprovide patron accessfrom one level of Anaheim Stadium to another.
030 The term " Anaheim Stadium", asusedin this chapter, shall meanthe stadium generally located at 2000 Gene Autry Way, Anaheim, California, currently known and referred to asAngel Stadium of Anaheim, regardlessof whether such stadium continuesto be known by such commercial name or by any other commercial or non-commercial name.
6. 30. 070 SMOKING PROHIBITED — PUBLIC RESTROOMS AND PARKS Smoking is prohibited and is unlawful in any public park (as defined in section 13.08.010 of this Code), or in a public restroom in any public or private building.
6.30.090 ( Repealed by 5812, 6/11/02)
6. 30. 100 SMOKING PROHIBITED — RETAIL FOOD PRODUCTION AND MARKETING ESTABLISHMENTS.
Smoking is prohibited and unlawful in any retail food marketing establishmentsincluding grocery storesand supermarketsexcept (i) those areasof such establishmentsset asidefor offices, ( ii) areasthereof not opento the public and (iii) areasthereof set asidefor the serving and/ or consumption of food and beverages.
6. 30. 105 SMOKING PROHIBITED — PUBLIC BUS STOPS, SCHOOLS AND DAY
CARE FACILITIES
Smokingis prohibitedandis unlawfulwithin twenty-five (25) feetof apublicbusor transit stop, andwithin one hundred (100) feet of any school or day care facility.
6.30. 110 (Repealed by 5812, 6/ 11/02)
6. 30. 120 POSTING OF SIGNS REQUIRED.
Except where other signs arerequired, whenever in this chapter smoking is prohibited, conspicuoussigns shall be posted so stating, containing all capital lettering not lessthan one inch in height on a contrasting background and/or the international No Smoking logo. It is the duty of the owner, operator, manager, or other personshaving control of suchroom, building, or other place where smoking is prohibited, to post such signs or to causesuchsigns to be posted.
6. 30. 130 STRUCTURAL MODIFICATIONS NOT REQUIRED.
A. It shall be the responsibility of employers to provide smoke -free areasfor nonsmokers within existing facilities to the maximum extent possible, but employers arenot required to incur any expenseto make structural or other physical modifications in providing theseareas.
B. Nothing in this chapter shall require the owner, operator, or managerof any theater, auditorium, health carefacility, or any building, facility, structure, or business, to incur any expenseto make structural or other physical modifications to any areaor workplace.
C. Nothing in this section shall relieve any person from the duty to post signs or adopt policies asrequired by this chapter.
6. 30. 140 ADMINISTRATION.
The no smoking regulations establishedby this chaptershall be administeredby the City Code Enforcement Supervisor and the Code Enforcement Officers under such supervisor' s direction.
6.30.150 (Repealed by 6312, 11/25/14)
6. 30. 160 VIOLATIONS AND PENALTIES.
Notwithstanding any other provision in this Code, any personwho violates any of the provisions or fails to comply with any of the mandatory requirements of this Chaptermay be prosecutedfor an infraction. Written citations for infractions may be issuedby police officers or designatednon -safety employees, who shall be designatedby separateresolution pursuant to the provisions of California Penal Code Section 836.5. Any person convicted of an infraction shall be punishableeither by ( 1) a fine not exceedingonehundred dollars ($100. 00) for a first violation; ( 2) a fine not exceedingtwo hundred dollars ($200. 00) for a second violation of the same provision within one year; ( 3) a fine not exceedingfive hundred dollars ($500. 00) for each additional violation of the sameprovision within one (1) year.
6.30. 170 CHAPTER AS SUPPLEMENT TO STATE LAW.
With respectto environmental smoke and smoking activities regulated by this chapter, the purpose and intent of this chapteris to regulate suchusesand activities only to the extent such regulation is permitted by statelaw. Nothing contained in this chapter shall be deemedto permit any activity or conduct which is otherwise prohibited by statelaw. In the event any provision of this chapteris deemedto prohibit any activity or conduct which is prohibited, or which is regulatedto the exclusion of any local regulation, by any statelaw, the provision of this chapter shall be deemedinoperative so long as suchprovision of statelaw is in effect.
Section 2:
The City Council finds the introduction and adoption of this ordinanceis not subject to the California Environmental Quality Act (" CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonablyforeseeableindirect physical changein the environment) and 15060( c)( 3) ( the activity is not a project asdefined in Section 15378of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it hasno potential for resulting in physical changeto the environment, directly or indirectly).
Section 3:
The City Council of the City of Anaheim hereby declaresthat should any section, paragraph, sentence, phrase, term or word of this ordinance be declaredfor any reasonto be invalid, it is the intent of the City Council that it would have adoptedall other portions of this ordinance independentof the elimination of any suchportion asmay be declaredinvalid. If any section, subdivision, paragraph, sentence, clauseor phraseof this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declaresthat it would have passedthis Ordinance, and eachsection, subdivision, paragraph, sentence, clause andphrasethereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clauseor phrasehad beendeclared invalid or unconstitutional.
Section 4:
The City Clerk shall certify to the passageof this ordinance and shall causethe sameto beprinted oncewithin fifteen ( 15) days after its adoption in the Anaheim Bulletin, anewspaper of generalcirculation, published and circulated in the City of Anaheim.
Section 5:
This ordinance shall take effect andbe in full force thirty ( 30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 8 day of October , 2024, andthereafter passedand adoptedat a regular meeting of said City Council held on the 29 day of October , 2024, by the following roll call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By.
MAYOR OF THE CITY OF ANAHEIM
ATECLERK OF THE CITY OF ANAHEIM
CLERK' S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6591 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8thday of October, 2024, and that the same was duly passed and adopted at a regular meetingof said City Council held on the 2901day of October, 2024, by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereuntoset my hand this 301hof October. 2024.
LtRK OF THE CITY OF ANAHEIM
SEAL)