(1) “Cannabis” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, as defined in California Business and Professions Code Section 26001(f), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” does not mean industrial hemp as defined by Section 11018.5 of the California Health and Safety Code, as that section may be amended or interpreted by the California courts or superseded by any successor statute. “Cannabis” includes medical cannabis.

(2) “City” shall mean the city of Cudahy, California.

(3) “City building or structure” shall mean any building or structure (as these terms are defined by the Cudahy Building Code) that the city of Cudahy or the Cudahy development commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains.

(4) “City park” shall mean a mini-park, neighborhood park, community park, regional park, bikeway, trail, greenbelt, developed or undeveloped parkland, open space land, open space parcel, or open space area that the city or the Cudahy development commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains. It shall also include all buildings, structures, facilities, fields, or equipment within said city park.

(5) “City parking lot or structure” shall mean a parking lot or structure that the city or the Cudahy development commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains.

(6) “City recreational facility” shall mean an indoor or outdoor area, location, place, site, lot, building, structure, facility, or complex that is open to the general public for one or more recreational or sports activities or purposes, regardless of a fee for admission or use, that the city or the Cudahy development commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains. It shall also include all buildings, structures, facilities, fields, or equipment within said city facility.

(7) “City vehicle” shall mean any vehicle that is owned, leased or rented by the city, as well as any vehicle that a city employee drives, operates, or has control over in connection with said person’s employment with the city.

(8) “Common area” shall mean any area of a multiunit residence (as defined in this chapter) accessible to and usable by residents of more than one unit, including, but not limited to, hallways, stairwells, lobby areas, elevators, laundry rooms, common cooking areas, playrooms, fitness rooms, swimming pools, and parking areas.

(9) “Electronic smoking device” shall mean an electronic device that can be used to deliver an inhaled dose of nicotine or other substances. An “electronic smoking device” includes a device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen.

(10) “Enclosed area” shall mean:

(11) “Landlord” shall mean any person other than a sublessor who owns real property leased as residential property, who lets residential property, or who manages such property.

(12) “Multiunit residence” shall mean a premises or lot that contains two or more dwelling units, including, but not limited to, apartments, condominiums, senior citizen housing, nursing homes, single room occupancy hotels and properties containing an accessory dwelling unit. “Multiunit residence” does not include:

(13) “Nonprofit entity” shall mean any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency, including the city, is not a nonprofit entity within the meaning of this subsection.

(14) “Outdoor dining area” shall mean:

(15) “Outdoor public event” shall mean an activity, ceremony, event, fair, function, gathering, meeting, pageant, or program, whether athletic, civic, cultural, charitable, community, entertainment, intellectual, recreational, or social, that:

(16) “Outdoor seating area” shall mean bleachers, benches, or seats located outside of an enclosed building or structure, regardless of whether permanently or temporarily affixed, that is provided for an audience, viewers, spectators, or participants of an event that is adjacent to, in front of, facing, or opposite said event.

(17) “Place of employment” shall mean any area under the control of an employer, business, or nonprofit entity that an employee, independent contractor, or volunteer may have cause to enter in the normal course of operations, regardless of hours of operation. For purposes of this chapter, those places specified in Subsections (e)(1), (e)(3), (e)(4), (e)(6), and (e)(7) of California Labor Code Section 6404.5 shall be deemed a place of employment.

(18) “Private enforcer” is defined in CMC 8.40.080(2).

(19) “Public place” shall mean any area, location, place, site, property, lot, building, structure, facility, or complex, public or private, open to the general public regardless of any fee or age requirement, including, but not limited to, streets, sidewalks, plazas, bars, restaurants, clubs, stores, stadiums, polling places, parks, playgrounds, restrooms, elevators, taxis, and buses. A private residence is not a public place within the meaning of this subsection.

(20) “Public transit station or stop” shall mean an enclosed or unenclosed platform, sidewalk, shelter, bench, or area where people wait for public transportation, such as a train, bus, shuttle, or taxicab. It shall also include, but shall not be limited to, any ancillary area such as restrooms, kiosk area, storage locker area, and pedestrian path or walkway.

(21) “Public transit vehicle” shall mean any vehicle used for public transportation. “Public transit vehicle” shall include, but shall not be limited to, trains, buses, shuttles, and taxicabs.

(22) “Reasonable distance” shall mean the greatest distance practicable that ensures the occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. “Reasonable distance” shall be a minimum of 20 feet.

(23) “Recreational area” shall mean any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including, without limitation, parks, gardens, sporting facilities, stadiums, and playgrounds.

(24) “Service area” shall mean any area, public or private, designated for one or more persons to wait for a transaction, entry, exit, or service of any kind, regardless of whether such service involves the exchange of money. “Service area” includes, but shall not be limited to, any area designated for lines or waiting for ATM machines; banks; information kiosks; restaurants and other food service venues; vending machines; tickets or admission to a theater or event; waiting areas at car washes and vehicle service establishments; and valet pick-up areas.

(25) “Smoking” or “to smoke” shall mean inhaling, exhaling, burning, or possessing a lighted, heated, or ignited tobacco product, lighted tobacco paraphernalia, electronic smoking device, lighted cannabis, or any other lighted weed or plant (including, but not limited to, a lighted pipe, lighted hookah, lighted cigar, or lighted cigarette of any kind).

(26) “Tobacco product” shall mean any substance containing, made from, 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, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. Tobacco product includes, but is not limited to, any electronic smoking device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. “Tobacco product” does not include any 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 that approved purpose.

(27) “Unenclosed area” shall mean any area which is not an enclosed area.

(28) “Unit” shall mean: (a) a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any associated private outdoor spaces such as balconies and patios; and (b) senior citizen housing and single-room occupancy hotels, as defined in California Health and Safety Code Section 50519(b)(1), even where lacking private cooking or plumbing facilities. “Unit” does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2). (Ord. 694 § 1, 2018).