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a. Definitions.The following words and phrases, whenever used in this section, shall be construed as defined in this section:

1.“Beach” means any sand area of a public park within the City of Monterey that abuts the Monterey Bay and extends to the Recreation Trail.

2.“Electronic smoking device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any such device that is manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or by any other product name or descriptor. “Electronic cigarette” does not include any inhaler prescribed by a licensed physician.

3.“Employment” shall be defined as in California Labor Code Section 6303(b).

4.“Enclosed” means closed in by a roof and four (4) walls with appropriate openings for ingress and egress.

5.“Place of employment” is any place where employment is carried on.

6.“Open to the public” means any area to which the public is invited or in which the public is permitted, including, but not limited to, common areas within hotels and motels, pharmacies, banks and other financial institutions, offices, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, sports pavilions, boxing arenas, restaurants, bars, aquariums, museums, galleries and retail stores.

7.“Recreation Trail” means the paved bicycle and pedestrian path which extends from the Monterey Bay Aquarium to the City of Seaside’s limits.

8.“Smoke” or “smoking” means inhaling, exhaling, burning, carrying, or possessing any lighted, heated, or ignited pipe, cigar, cigarette, cigarillo, hookah, electronic smoking device, or any plant product intended for human inhalation, or any other similar combustible substance in any manner or in any form.

9.“Service area” means any outdoor area in which one (1) or more persons are waiting for or receiving service of any kind, including, but not limited to, automatic teller machines (ATMs), ticket lines, bus stops, and boarding and waiting areas of public transit depots.

b.Smoking is prohibited in the following places located within the City of Monterey except as provided in subsection (c) of this section:

1.Beaches.

2.The Recreation Trail.

3.Buildings. All enclosed areas of buildings which are open to the public.

4.Covered public parking lots and parking areas, including stairwells.

5.Buses, taxicabs, shuttles, and other means of public transportation operating in the City of Monterey.

6.Service areas.

7.City-owned vehicles.

8.Where any person or entity that either owns or exercises management and control over the property and has declared the area, where smoking would otherwise be allowed, to be a nonsmoking area and posts “No Smoking” signs as described in subsection (d) of this section.

9.Enclosed places of employment.

10.Municipal Wharf I (Old Fisherman’s Wharf).

11.Municipal Wharf II.

c. Exceptions.Smoking may be permitted in the following locations unless otherwise prohibited by State law:

1.Theatrical production sites, if smoking is an integral part of the story in the theatrical production.

2.Patient smoking areas in long-term health care facilities, as defined in California Health and Safety Code Section 1418.

3.Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.

4.Sixty-five percent (65%) of hotel and motel guest rooms per California Labor Code Section 6404.5(d)(1).

5.Private residences, except for those licensed as family day care homes during hours of operation and in those areas where children are present.

d. Posting of Signs.

1.“No Smoking” signs shall be clearly and conspicuously posted in every building or other place where smoking is regulated by this chapter by the owner, operator, a manager or other person having control of such place where smoking is regulated by this section.

e. Penalties for Violation.

1.No person shall smoke where smoking is prohibited by this section.

2.It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any place subject to the restrictions and regulations of this section to permit or allow smoking in violation of this section.

3.To the extent that subsection (b)(9) of this section is duplicative of Labor Code Section 6404.5, any enforcement shall be pursuant to the Labor Code. To the extent that subsection (b)(9) of this section is not duplicative of Labor Code Section 6404.5, it shall be enforced pursuant to Section 1-7.

4.Any person smoking where smoking is prohibited by this section shall constitute a public nuisance.

5.Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall also constitute a violation. (Ord. 3530 §§ 3 – 5, 2015; Ord. 3487 § 2, 2013; Ord. 3442, 2010)