Chapter 11.64 SMOKING[43]

Part 1 REGULATIONS GENERALLY

11.64.010 Purpose of Part 1 provisions.

11.64.020 Definitions.

11.64.030 Smoking prohibited in designated areas.

11.64.040 Sign requirements.

11.64.050 Compliance--Responsibility of owners and operators.

11.64.060 Violation--Penalty.

11.64.070 Severability.

Part 2 SMOKING AT POLLING PLACES

11.64.080 Smoking at polling places and while canvassing votes prohibited.

11.64.090 Violation of Part 2 provisions--Penalty.

Part 3 SMOKING ON BUSES

11.64.100 Smoking on motor buses and other vehicles prohibited when.

11.64.110 Signs required.

11.64.120 Violation of Part 3 provisions--Penalty.

11.64.130 Severability.

Part 1 REGULATIONS GENERALLY

11.64.010 Purpose of Part 1 provisions.

Because the smoking of tobacco or of any other weed or plant is a positive danger to health and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined places, and in order to serve public health, safety and welfare, the purpose of the ordinance codified in Part 1 of this chapter is to prohibit the smoking of tobacco, or any other weed or plant, in certain areas which are used by or open to the public. (Ord. 11421 § 1, 1976.)

11.64.020 Definitions.

As used in Section 11.64.010 through 11.64.070:
A. “Person” means any individual, firm, copartnership, joint venture, association, official group, fraternal organization, corporation, estate, trust, receiver, syndicate, or any other group or combination acting as a unit.
B. “Smoke” or “smoking” means and includes the holding or carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (Ord. 11421 § 2, 1976.)

11.64.030 Smoking prohibited in designated areas.

Smoking shall be prohibited in the following places within the unincorporated area of the county of Los Angeles:
A. Elevators open to the public;
B. Buses;
C. Museums and libraries, except that smoking will be allowed in that designated area commonly referred to as a lobby if such lobby is physically separated from the other public areas of the facility; this prohibition shall not apply to those rooms or portions of a museum or library which are not open to the public, or areas which are specifically designated for smoking;
D. Waiting rooms, sleeping rooms or public hallways of every private or public health-care facility, including but not limited to hospitals; provided further, that this prohibition shall not prevent the establishment of a separate waiting room in which smoking is permitted as long as there also exists a waiting room in the same facility in which smoking is prohibited; this prohibition shall not apply to patient rooms, or to business areas of the facility which are not open to the public;
E. Within the public portion of any building, not open to the sky, which is primarily used for or designated for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital, or other similar performance, whenever open to the public (except when smoking is a part of the performance itself), and except that smoking will be allowed in that designated area commonly referred to as a lobby if such lobby is physically separated from the spectator area;
F. Within any meeting room, chamber or place of public assembly where public business is being conducted and which is open to members of the general public, either as participants or as spectators, except that smoking will be allowed within a limited designated area or in a lobby.
G. Within any area of a public beach, exclusive of parking areas designated for use by the public. (Ord. 2005-0018 § 2, 2005; Ord. 2004-0034U § 2, 2004; Ord. 11421 § 3, 1976.)

11.64.040 Sign requirements.

Signs which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently and conspicuously posted in every room, building or other place so covered by this chapter. The manner of such posting, including the wording, size, color, design and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the owner, operator, manager or other person having control of such room, building or other place so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this chapter. (Ord. 11421 § 4, 1976.)

11.64.050 Compliance--Responsibility of owners and operators.

The owner, operator or manager of any facility, business or agency within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all no-smoking signs required by this chapter. (Ord. 11421 § 5, 1976.)

11.64.060 Violation--Penalty.

Any person who violates any provision of this Part 1 by smoking in a posted no-smoking area, or by failing to post or cause to be posted a no-smoking sign required by this Part 1, or otherwise violates any provision of this Part 1, is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than $10.00 nor more than $100.00. (Ord. 11421 § 6, 1976.)

11.64.070 Severability.

If any portion of this Part 1, or the application thereof to any person or circumstances is held invalid, the remainder of the provisions and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 11421 § 7, 1976.)

Part 2 SMOKING AT POLLING PLACES

11.64.080 Smoking at polling places and while canvassing votes prohibited.

It is unlawful for any person to smoke any cigar, cigarette, pipe or any tobacco, in any form or by any means whatever, in any polling place at any time during an election or during the canvassing in any polling place of the votes cast at an lection. (Ord. 411 § 1, 1915.)

11.64.090 Violation of Part 2 provisions--Penalty.

Violation of the provisions of this Part 2 is an infraction punishable by:
A. A fine not exceeding $50.00 for a first violation;
B. A fine not exceeding $100.00 for a second violation within one year;
C. A fine not exceeding $250.00 for each additional violation within one year. (Ord. 12264 § 3, 1980: Ord. 411 § 2, 1915.)

Part 3 SMOKING ON BUSES

11.64.100 Smoking on motor buses and other vehicles prohibited when.

A person shall not smoke or possess any burning cigarette, cigar or pipe while on any streetcar, interurban car, motor bus or other vehicle operated for the purpose of transporting passengers for hire within the unincorporated territory of the county of Los Angeles along a regular route, and picking up or discharging such passengers along county highways, except in a compartment in such vehicle set apart for the use of smokers. (Ord. 5063 § 1, 1948.)

11.64.110 Signs required.

Every person operating, and every person, firm or corporation in charge of any such streetcar, interurban car, motor bus or other vehicle, while such vehicle is operated in the unincorporated territory of the county of Los Angeles, shall maintain at all such times signs stating that smoking is prohibited, if there is no smoking compartment on such vehicle; or, if there is a smoking compartment on such vehicle, that smoking is prohibited except in such smoking compartment. (Ord. 5063 § 2, 1948.)

11.64.120 Violation of Part 3 provisions--Penalty.

A. Violation of Part 3 of this chapter is an infraction punishable by:
1. A fine not exceeding $50.00 for a first violation;
2. A fine not exceeding $100.00 for a second violation within one year;
3. A fine not exceeding $250.00 for each additional violation within one year.
B. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted is a separate offense. (Ord. 12264 § 8, 1980: Ord. 5063 § 3, 1948.)

11.64.130 Severability.

If any portion of the ordinance set out in this Part 3, or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 5063 § 4, 1948.)