8.18.020 Prohibition of Smoking.
A. Smoking shall be prohibited in the following Enclosed and Unenclosed Areas within the City of Belvedere.
1. Places of employment for Business or Non-Profit Entities
2. Recreational Area(s).
3. Service Area(s).
4. Dining Area(s) and Bar(s).
5. Parking Lot(s).
6. Facilities and properties owned and controlled by the City.
7. Public Places when being used for a public event, including a farmers’ market, parade, fair, festival, or any other event (i.e., special event) which may be attended by the general public, provided that Smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this Chapter or other law.
8. All City-owned vehicles, including jitneys and buses and other means of public transit under the authority of the City.
9. All new and existing Units of a Multi-Unit Residence as detailed in Sections 8.18.040 and 8.18.050.
B. Enclosed Areas.
1. Smoking shall be prohibited in all Enclosed Areas in Public Places within the City of Belvedere.
2. Smoking is prohibited in any Enclosed Area used as a child care or health care facility subject to licensing requirements.
3. Smoking shall be prohibited in all Enclosed Areas that are Common Areas.
4. Smoking shall be prohibited in all Enclosed Areas that are guestroom accommodations in a hotel, motel, bed and breakfast or similar transient lodging establishment, including any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio.
5. Unless otherwise prohibited by law, Smoking is not prohibited in the following Enclosed Areas:
a. Smoking at theatrical production sites is not prohibited by this subsection if Smoking is an integral part of the story and the use of a fake, prop, or special effect cannot reasonably convey the idea of Smoking in an effective way to a reasonable member of the anticipated audience.
b. Smoking inside a Retail Tobacco Store is not prohibited if:
i. The Retail Tobacco Store does not sell edible products, including, for example, food, water, or drinks, or allow such products to be consumed on the Business Premises;
ii. The Retail Tobacco Store prohibits Minors from entering the store at all times; and
iii. The Premises of the Retail Tobacco Store is an independent freestanding building unattached to any other structure or use.
C. Unenclosed Areas.
1. Designated Smoking areas. Smoking shall be prohibited in all Multi-Unit Residence Common Areas, provided that a Person with legal control over a Common Area may designate a portion of an Unenclosed Area of a Common Area as a designated Smoking area if the area meets all of the following criteria:
a. The area must be located 20 feet in any direction from any area where Smoking is prohibited by this Chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a Person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the Person designating the Smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A designated Smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established.
b. The area must not include, and must be 20 feet in any direction from, Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses;
c. The area must be no more than ten percent (10%) of the total Unenclosed Area of the Multi-Unit Residence for which it is designated;
d. The area must have a clearly marked perimeter;
e. The area must be identified by conspicuous signs;
f. The area must be completely within an Unenclosed Area; and
g. The area must not overlap with any Enclosed or Unenclosed Area in which Smoking is otherwise prohibited by this Chapter or other provisions of this Code, state law, or federal law.
2. Unless otherwise prohibited by law, Smoking is not prohibited in a Multi-Unit Residence unenclosed Parking Lot if the designated Smoking area meets all criteria listed above in Section 8.18.030(C).
3. Notwithstanding the above, a written request may be made by a Person in control of a Common Area to the Director of Planning and Building to approve a designated Smoking area that does not meet all of the criteria set forth in Section 8.18.020(C)(1)(a) through (g) but is consistent with the purpose of this Chapter. The Director’s decision on the request may be appealed to the City Manager, whose decision shall be final. (Ord. 2016-6 § 3, 2016.)