Fresno, Cal., Ordinance § 10-1106. SMOKING OPTIONAL AREAS
06/28/1994 – 06/01/2024
(a) Notwithstanding the provisions of Section 9-1605, the operator of a public place may permit smoking in bars, retail tobacco stores, and in convention facilities, conference, meeting or assembly rooms of restaurants, hotels, motels and convention halls when used for private functions.
(b) Smoking may be permitted in a semi-private room of a health care facility if all patients within the room are smokers and request in writing to be placed in a room where smoking is permitted.
(c) Smoking may be permitted in an area which would otherwise be defined as a public place if such area is separated from the remaining public area, adequately ventilated to assure that smoke will not migrate into areas designated as “no smoking” and no goods or services are available for sale other than those provided through automated machines not requiring the ongoing attention or assistance of a person. Such an area where smoking is permitted must be so designated at all entrances and exits to such area.
(d) An operator of a public place, which operator is also a charitable organization, may request an exemption from certain provisions of this ordinance by making application therefor on a form available from the Chief Administrative Officer. Such application shall include the provision(s) from which exemption is sought, the reason for the request for exemption and such other information as is deemed appropriate by the Chief Administrative Officer. In order to qualify for an exemption, the reason for the request must include an overriding public purpose which is separate from, and in addition to, the impact of this ordinance on revenue raised or any other aspect of operations. The operator shall post a copy of the application in a conspicuous area of the public place for which exemption is sought and shall certify in the application the date upon which posting was made. Not sooner than ten days after such posting the Chief Administrative Officer, or his/her designee shall conduct a hearing thereon and shall render a decision within ten days after the hearing. The applicant or other interested party may appeal the decision of the Chief Administrative Officer to the City Council within fifteen days of the Chief Administrative Officers’s decision. If no appeal is made within such period, the decision of the Chief Administrative Officer shall be final.
- Cal. Health & Safety Code § 1250. Definitions.
10/04/2015 – 06/01/2024
As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types:
(a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section.
A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions:
(1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982.
(2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census.
(b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services.
(c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
(2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5.
(d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care.
(e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care.
(f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity.
(g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services.
(h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated.
(i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities.
(2) Congregate living health facilities shall provide one or more of the following services:
(A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent.
(B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon.
(C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy.
(3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services.
(4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds.
(B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill.
(5) A congregate living health facility shall have a noninstitutional, homelike environment.
(j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department.
(2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours.
(3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center.
(4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis.
(5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites.
(k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both.
(l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements.
(m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied.
(n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations.
- Cal. Health & Safety Code § 118885. Prohibited smoking of tobacco in designated areas of publicly owned places while meeting in process; waiver of requirements as to members of public body, etc.
01/01/1996 – 06/01/2024
Within indoor rooms, indoor chambers, or indoor places of public assembly in publicly owned buildings in which public business is conducted requiring or providing direct participation or observation by the general public there shall be a contiguous area of not less than 50 percent of the total area of the room, chamber, or place designated and posted by signs of sufficient number and posted in locations as to be readily seen by persons within the area, where the smoking of tobacco is prohibited while a public meeting is in progress. A public body, commission, agency, or other entity conducting a public meeting may waive the requirements of this section with respect to its own members, provided that the rights of nonsmoking members are not adversely affected.
- Cal. Gov’t. Code § 7597. Smoking prohibited in and around public buildings and public passenger vehicles; Additional restrictions by certain public entities authorized
06/09/2016 – 06/01/2024
(a) No public employee or member of the public shall smoke a tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state.
(b) This section shall not preempt the authority of any county, city, city and county, California Community College campus, campus of the California State University, or campus of the University of California to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.
(c) For purposes of this section, “smoke” and “smoking” have the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
- Fresno, Cal., Ordinance § 10-1109. REGULATION OF SMOKING IN PLACES OF EMPLOYMENT.
03/17/1989 – 06/01/2024
(a)\Employers shall provide smoke-free areas for non-smoking employees within places of employment to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
(b)\Within one hundred twenty days of the effective date of this ordinance, each employer shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements:
(1)
Any employee in a place of employment shall be given the right to designate his or her immediate work area as a non-smoking area. The smoking policy adopted by the employer shall include a reasonable definition of the term “immediate work area”;
(2)
Prohibition of smoking in enclosed areas of general passage, including hallways and elevators;
(3)
Maintenance of a separate and contiguous non-smoking area of not less than sixty percent of the seating capacity and floor space in cafeterias;
(4)
A mechanism for resolving disputes between employees in which the health concerns of non-smokers shall take precedence.
(c)\The smoking policy shall be communicated to all employees within three weeks of its adoption and at least annually thereafter.
(d)\Smoking in employee lounges and areas of general assembly including conference rooms and classrooms may be permitted, provided that an employer may, upon request by one or more employees, designate one or more employee lounges as “smoking permitted” only if “no smoking” lounges, conference rooms, or classrooms, of substantially equal size, number, accessibility and amenities (including but not limited to, seating, vending machines and drink dispensers, tables, audio and video equipment) are also provided.
- Cal. Health & Safety Code § 118915. Smoking prohibitions om retail food production and marketing establishments.
01/01/1996 – 06/01/2024
(a) Except as provided in subdivision (b), no person shall smoke any tobacco product in any retail food production and marketing establishment, as defined in Section 28802, during the hours the establishment is open to the public.
(b) The provisions of subdivision (a) shall not apply to that portion of an establishment subject to Section 118900 nor to an area of an establishment set aside for employee smoking and not open to the public.
- Cal. Bus. & Prof. Code § 22950.5. Definitions
06/09/2016 – 06/01/2024
For purposes of this division, the following terms have the following meanings:
(a) “Department” means the State Department of Public Health.
(b) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.
(c) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
(d) (1) “Tobacco product” means any of the following:
(A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.
(2) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
- Cal. Health & Safety Code § 1596.795. Definitions.
06/09/2016 – 06/01/2024
(a) The smoking of a tobacco product in a private residence that is licensed as a family day care home shall be prohibited in the home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section.
(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.
(c) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
- Fresno, Cal., Ordinance § 10-1103. DEFINITIONS.
01/16/2017 – 06/01/2024
The following words and phrases, whenever used in this article, shall be construed as defined in this section:
(a) “Bar” means an area or a room utilized primarily for the sale of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is incidental to the consumption of such beverages. If a restaurant operates a bar adjacent to a dining area, the term “bar” shall not include the dining area.
(b) “Dining area” or “dining room” means any enclosed area containing a counter or tables upon which meals are served.
(c) “Employee” means any individual who is employed by any employer for the consideration of direct or indirect monetary wages or profit and any individual who volunteers his or her services for a nonprofit entity.
(d) “Employer” means any person who or which employs the service of five or more persons, and includes the city.
(e) “Enclosed area” means an area closed in by a roof and four or more connected walls with appropriate openings for ingress and egress.
(f) “Place of employment” means any enclosed area under the control of an employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, cafeterias and hallways. “Place of employment” shall not include any business establishment where four or fewer persons are employed.
(g) “Public Place” is an enclosed area to which the public is invited or has general access, including retail stores, theaters, lobbies, reception areas, waiting rooms, and entertainment centers.
(h) “Restaurant” means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public cafeteria, and any other eating establishment, organization, club, boarding house, food mall or guest house, which offers food for sale to the public, guests, patrons or employees.
(i) “Retail tobacco store” means a retail store, or separate room within a retail store, utilized primarily for the sale of tobacco products and tobacco accessories and in which the sale of other products is merely incidental.
(j) “Semi-private room” means a room in a public or private health care facility containing two or more beds for patients of the facility.
(k) “Service line” means any line or gathering in a public place of one or more persons lined up or gathered to wait for and receive, in the order of the line or the gathering, service or assistance of any kind.
(l) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
(m)
(1) “Tobacco product” means any of the following:
(a) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;
(b) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; or
(c) Any component, part, or accessory of a tobacco product, whether or not sold separately.
(2) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
- Cal. Health & Safety Code § 11362.3. Prohibited smoking, ingesting, possession or manufacture of cannabis
06/27/2017 – 06/01/2024
(a) Section 11362.1 does not permit any person to:
(1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code.
(2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.
(3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.
(4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
(5) Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present.
(6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Division 10 (commencing with Section 26000) of the Business and Professions Code.
(7) Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
(8) Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under 21 years of age are present.
(b) For purposes of this section, the following definitions apply:
(1) “Day care center” has the same meaning as in Section 1596.76.
(2) “Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.
(3) “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(4) “Youth center” has the same meaning as in Section 11353.1.
(c) Nothing in this section shall be construed or interpreted to amend, repeal, affect, restrict, or preempt laws pertaining to the Compassionate Use Act of 1996.
- Fresno, Cal., Ordinance § 10-1105. PROHIBITION OF SMOKING IN PUBLIC PLACES.
01/16/2017 – 06/01/2024
Except where specifically permitted pursuant to Sections 10-1106 and 10-1108, or specifically not regulated pursuant to Section 10-1107, smoking is prohibited in all public places, including but not limited to the following:
(a)
Places of business where five or more persons are employed and where goods are sold, including retail stores, grocery stores and supermarkets, and department stores;
(b)
Restaurants;
(c)
Places of business where five or more persons are employed and where services are sold, including legal, medical, dental, accounting, engineering, or architectural services;
(d)
Health care facilities;
(e)
Hotels, motels, boarding houses and guest houses;
(f)
Libraries, museums, aquariums, zoos;
(g)
Theaters, including theaters for the showing of moving pictures, stage productions, operas, ballet and musical performances;
(h)
Sports arenas, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice skating rinks, bowling alleys and arcades;
(i)
Convention halls;
(j)
Elevators;
(k)
Restrooms, lounges, lobbies, waiting areas and ticket areas;
(l)
Polling places.
(m)
Regardless of whether enclosed or not, the following areas of Fresno Yosemite International Airport (FAT) and Fresno Chandler Executive Airport (FCH) are “public places” for the purposes of this Article: all airline terminal roadway pedestrian cross walks, terminal frontage sidewalks, loading and unloading curb area, and areas surrounding all building entrances and exits, as well as all areas within the restricted access airside area. Other areas of FAT and FCH may be designated non-smoking in the interest of protecting health and property, at the Director of Aviation’s discretion.
- Fresno, Cal., Ordinance § 10-2001 Definitions
11/28/2021 – 06/01/2024
(a) “Common Area” means every area of a multiunit rental property that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
(b) “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah.
(c) “Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
(d) “Exclusive Use Outdoor Area” means an area accessible only by the occupant of a unit, such as a private balcony, deck, porch, or patio.
(e) “Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multiunit rental property that is leased to a residential tenant. For purposes of this ordinance, a tenant who sublets their unit is not a landlord.
(f) “Multiunit rental property” means residential property containing two or more rental units where the majority of the units, whether rental or not, share at least one common wall with an adjacent unit.
(g) “Nonsmoking Area” means any area in which smoking is prohibited by:
(1) This Ordinance or other law; and
(2) binding agreement relating to ownership, occupancy, or use of rental property; or
(3) a person with legal control over the area.
(h) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies.
(i) “Smoking” means:
(1) Inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic; and
(2) carrying any lighted, heated, or activated tobacco, nicotine, or marijuana, or plant product, whether natural or synthetic, intended for inhalation; or
(3) using an “electronic smoking device.”
(j) “Unit” means a residential rental unit in a multiunit rental property, excluding any associated exclusive use outdoor area.
- Fresno, Cal., Ordinance § 10-2002 Smoking Restrictions
01/01/2022 – 06/01/2024
(a) Effective January 1,2022, smoking is prohibited anywhere on the premises of a multiunit rental property, including units, common areas, and other outdoor areas.
(b) Notwithstanding subsection (a), smoking is permitted in designated smoking areas if they meet the following conditions:
(1) It is an exclusive use outdoor area; or
(2) It is an unenclosed enclosed area at least 20 feet from any:
(i) Outdoor recreation area such as a tennis court, swimming pool, or picnic area; or
(ii) Outdoor area primarily used by children such as a playground; or
(iii) Doorway, entryway into a unit or common area, ventilation system, window, or air conditioner unit.
(3) Designated smoking areas other than exclusive use outdoor areas must have a clearly marked perimeter, and be identified by conspicuous signs.
(c) No person with legal control over any nonsmoking area of a multiunit rental property shall permit smoking in the nonsmoking area, except as provided in subsection (b).
(d) No person with legal control over a common area in which smoking is prohibited by this Ordinance or other law shall permit the presence of ashtrays, ashcans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.
- Cal. Labor Code § 6404.5. Legislative findings and declarations; prohibition of smoking in workplace; local regulation; penalty for violation.
01/01/2024 – 06/01/2024
(a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the smoking of tobacco products in all (100 percent of) enclosed places of employment in this state, as covered by this section, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the intent of the Legislature to create a uniform statewide standard to restrict and prohibit the smoking of tobacco products in enclosed places of employment, as specified in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees, and also to eliminate the confusion and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions. Notwithstanding any other provision of this section, it is the intent of the Legislature that an area not defined as a “place of employment” pursuant to subdivision (e) is subject to local regulation of smoking of tobacco products.
(b) For purposes of this section, an “owner-operated business” shall mean a business having no employees, independent contractors, or volunteers, in which the owner-operator of the business is the only worker. “Enclosed space” includes covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (e).
(c) An employer or owner-operator of an owner-operated business shall not knowingly or intentionally permit, and a person shall not engage in, the smoking of tobacco products at a place of employment or in an enclosed space.
(d) For purposes of this section, an employer or owner-operator of an owner-operated business who permits any nonemployee access to their place of employment or owner-operated business on a regular basis has not acted knowingly or intentionally in violation of this section if the employer or owner-operator has taken the following reasonable steps to prevent smoking by a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking is prohibited throughout the building or structure, a sign stating “No smoking” shall be posted at each entrance to the building or structure.
(B) Where smoking is permitted in designated areas of the building or structure, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure.
(2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace or owner-operated business.
For purposes of this subdivision, “reasonable steps” does not include (A) the physical ejection of a nonemployee from the place of employment or owner-operated business or (B) any requirement for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee or owner-operator.
(e) For purposes of this section, “place of employment” does not include any of the following:
(1) Retail or wholesale tobacco shops and private smokers’ lounges. For purposes of this paragraph:
(A) “Private smokers’ lounge” means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes.
(B) “Retail or wholesale tobacco shop” means any business establishment, the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.
(2) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if nonsmoking employees are not present.
(3) Theatrical production sites, if smoking is an integral part of the story in the theatrical production.
(4) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.
(5) Private residences, except for private residences licensed as family day care homes where smoking is prohibited pursuant to Section 1596.795 of the Health and Safety Code.
(6) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code.
(f) The smoking prohibition set forth in this section constitutes a uniform statewide standard for regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses and supersedes and renders unnecessary the local enactment or enforcement of local ordinances regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses. Insofar as the smoking prohibition set forth in this section is applicable to all (100 percent) places of employment and owner-operated businesses within this state and, therefore, provides the maximum degree of coverage, the practical effect of this section is to eliminate the need of local governments to enact enclosed workplace smoking restrictions within their respective jurisdictions.
(g) This section does not prohibit an employer or owner-operator of an owner-operated business from prohibiting smoking of tobacco products in an enclosed place of employment or owner-operated business for any reason.
(h) The enactment of local regulation of smoking of tobacco products in enclosed places of employment or owner-operated businesses by local governments shall be suspended only for as long as, and to the extent that, the (100 percent) smoking prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judicial action so that the (100 percent) smoking prohibition is no longer applicable to all enclosed places of employment and owner-operated businesses in California, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment and owner-operated businesses within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, an area not defined as a “place of employment” or in which smoking is not regulated pursuant to subdivision (e), is subject to local regulation of smoking of tobacco products.
(i) A violation of the prohibition set forth in subdivision (c) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies, including, but not limited to, local health departments, as determined by the local governing body.
(j) Notwithstanding Section 6309, the division is not required to respond to any complaint regarding the smoking of tobacco products in an enclosed space at a place of employment, unless the employer has been found guilty pursuant to subdivision (i) of a third violation of subdivision (c) within the previous year.
(k) If a provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(l) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(m) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
