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File Number: 14-409
<br />when the combusting or vaporizing material contains no tobacco or nicotine and the purpose
<br />of inhalation is solely olfactory, such as, for example, smoke from incense. The term “smoke”
<br />includes, but is not limited to, tobacco smoke and electronic cigarette vapors. The term
<br />“smoke” also includes vapor generated through the use of an electronic cigarette in any
<br />manner or in any form.
<br />SECTION II: Subsections (o) and (p) of Section 4-12-105 shall be amended in their
<br />entirety to read as follows:
<br />(o)Smoking” means engaging in an act that generates smoke, such as for example:
<br />possessing a lighted pipe, lighted hookah pipe or shisha pipe, an operating electronic
<br />cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe,
<br />cigar, hookah pipe, cigarette of any kind, or any other weed or plant.
<br />(p)“Tobacco product” means any substance containing tobacco leaf, including but not limited
<br />to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any
<br />other preparation of tobacco.
<br />SECTION III: Subsection (a) of Section 4-12-400 shall be amended to read as follows:
<br />(a)No person, owner, landlord, employer, business, or nonprofit entity shall knowingly permit
<br />smoking in an area which is under the legal or de facto control of the person, owner, landlord,
<br />employer, business, or nonprofit entity and in which smoking is prohibited by law and the
<br />person, owner, landlord, employer, business or nonprofit entity is not otherwise compelled to
<br />act under State or Federal law.
<br />SECTION IV: SEVERABILITY. If any section, subsection, subdivision, paragraph,
<br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance,
<br />is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall
<br />not affect the validity or enforceability of the remaining sections, subsections, subdivisions,
<br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other
<br />person or circumstance. The City Council of the City of San Leandro hereby declares that it
<br />would have adopted each section, subsection, subdivision, paragraph, sentence, clause or
<br />phrase hereof, irrespective of the fact that any one or more other sections, subsections,
<br />subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or
<br />unenforceable.
<br />SECTION V: EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take
<br />effect thirty (30) days after adoption. The title thereof shall be published once and a complete
<br />copy thereof shall be posted on the City Council Chamber bulletin board for five (5) days prior
<br />to adoption.
<br />Introduced by Councilmember Reed on this 6th day of October, 2014, and passed to
<br />print by the following called vote:
<br />Members of the Council:
<br />AYES:Councilmembers Cutter, Gregory, Lee, Prola, Reed, Souza (6)
<br />Page 2 City of San Leandro Printed on 10/14/2014
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