Davis Municipal Code/34.02.010 - Davis

GENERAL PROVISIONS

34.02.010 Prohibition of smoking in places accessible to the general public.

Smoking shall be prohibited in the following public places and other public places similarly situated, including, but not limited to, the following areas:

(a)All enclosed areas available to and customarily used by the general public and all areas of business establishments generally accessible to the public, including, but not limited to, the public area of retail stores, banks, and other offices;

(b)Elevators, escalators, and stairways;

(c)Public restrooms;

(d)Service lines;

(e)Buses and other means of public transit directly provided by or provided under contract to the city;

(f)All reception and waiting areas;

(g)Galleries, libraries and museums;

(h)Within any facility which is primarily used for, or designed for the primary purpose of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of a stage production;

(i)Sports arenas and convention halls;

(j)Video arcades, bingo parlors, cardrooms, game rooms, poolhalls, dancehalls, and other amusement centers;

(k)Child day care facilities as defined in the California Health and Safety Code and private residences while used as a family day care home;

(l)Rooms, chambers, or other enclosed areas where a meeting is being held which is or can be attended by the general public;

(m) Retail food marketing establishments, including grocery stores and supermarkets;

(n)Restaurants including those in private clubs;

(o)Restaurant-bar combinations including those in private clubs;

(p)Bars including those in private clubs;

(q)Theater-bar combinations;

(r)Laundromats;

(s)Beauty shop and barbershops;

(t)Common areas in apartment buildings, condominiums, retirement facilities, and nursing homes;

(u)Malls;

(v)Polling places;

(w) Enclosed areas which share the air space, including but not limited to air conditioning, heating, or other ventilation systems, entries, doorways, hallways, and stairways, with other enclosed areas in which smoking is prohibited;

(x)Smoking shall be prohibited in the following outdoor areas, and smoking, except while passing on the way to another destination, shall be prohibited within twenty feet of or close enough to the following areas for smoke to travel into an area or building, where smoking is prohibited, whichever is greater;

(1)Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants and fairs,

(2)Seating provided by eating establishments and bars,

(3)Entrances and exits to enclosed public areas,

(4)Within the entryway of any enclosed public area,

(5)Stairways,

(6)Within courtyards and other areas where air circulation may be impeded by architectural, landscaping or other barriers,

(7)Areas not open to the sky,

(8)Any place where people are using or waiting for a service, entry, or a transaction, including but not limited to ATM'S [sic], bank teller windows, telephones, ticket lines, bus stops and cab stands,

(9)Any place where food and/or drink is offered for sale,

(10) Children's play areas,

(11) Public gardens,

(12) Open windows of any enclosed public area;

(y)Parking garages. (Ord. No. 1682, § 2 (part).)

Note: Indentation added for clarity