Ord 2009-011 - Laserfiche WebLink

Home

other provision, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space. 4-12-205 PROHIBITION IN UNENCLOSED PLACES. Smoking shall be prohibited in the following Unenclosed places within the City of San Leandro, except in such places in which Smoking is already prohibited by state or federal law in which case the state or federal law applies: (a) Places of Employment; (b) Service Areas; (c) Public Places, including Dining Areas; (d) Ticket, boarding, and waiting areas of transit depots and bus stops; (e) City and private parks, playgrounds, athletic facilities, and golf practice facilities (i.e. driving range and practice putting/chipping greens); (f) The sites of public events including but not limited to, for example, sports events, entertainment, speaking performances, ceremonies, pageants, farmers' markets, festivals, carnivals, and fairs; and. 4-12-210 EXCEPTIONS. (a) Unless otherwise prohibited by law, Smoking is permitted in the following Enclosed places: (1) Significant Tobacco Retailers, if at all times minors are prohibited from entering the store; (2) Private residential units, except those used as a child care or health care facility subject to licensing requirements; and (3) Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five percent (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "No Smoking" signage shall be posted in nonsmoking rooms. (b) Unless otherwise prohibited by law, Smoking is permitted in the following Unenclosed places: (1) 18-hole Tony Lema Golf Course and 9-hole Marina Golf Course. ARTICLE 3. REASONABLE SMOKING DISTANCE REQUIRED 4-12-300 REASONABLE SMOKING DISTANCE REQUIRED-20 FEET. Smoking in Unenclosed areas shall be prohibited within a Reasonable Distance from: (a) Any entrance, window, opening, crack, or vent into an Enclosed area in which Smoking is prohibited, except while actively passing on the way to another destination and so long as smoke does not enter any Enclosed area in which Smoking is prohibited, except that bars are exempt from the outside reasonable distance requirements of this section, provided that the smoke does not enter adjacent areas in which smoking is prohibited by law or by the owner, lessee, or licensee of the adjacent property. (b) Any Unenclosed area in which Smoking is prohibited under Section 4-12-205 except while actively passing on the way to another destination. ORDINANCE NO. 2009-011 4