8.40.040 Smoking prohibited – Public property and public areas.
(1) Smoking is prohibited in the following areas within the city of Cudahy:
(a) City Property. Except as otherwise provided by this chapter or by state or federal law, no person shall smoke or otherwise permit, allow, or suffer smoking in any city building or structure, city park, city parking lot or structure, city recreational facility, or city vehicle.
(b) Public Areas. Except as otherwise provided by this chapter or by state or federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within any of the following areas:
(i) Enclosed areas at a place of employment;
(ii) All public places;
(iii) Multiunit residences (as set forth in CMC 8.40.050);
(iv) Residences used as a child care facility, health care facility, board and care facility, or as a community foster care facility as such terms are defined by California law;
(v) Service areas;
(vi) Outdoor dining areas;
(vii) Outdoor public events;
(viii) Outdoor seating areas;
(ix) Any public transit vehicle and associated public transit stations and stops.
(2) Except as otherwise provided by this chapter, or by state or federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within 20 feet of any place, property, area, or location in which smoking is prohibited under subsection (1) of this section, or within 20 feet of any window, door, vent, or other opening into any place, property, area, or location in which smoking is prohibited under subsection (1) of this section.
(3) Exception – City-Approved Designated Smoking Area. Notwithstanding the provisions of subsection (1)(b) of this section, smoking is permitted within city-approved designated smoking areas established as set forth in this section.
(a) Entertainment Zone. The owner of a public place (as defined by this chapter) that is located within the Entertainment (ENT) Zone of the city (as established in CDC 20.12.010) may designate a portion of the public place to be a designated smoking area; provided, that the designated smoking area complies with the following:
(i) Must be an unenclosed area;
(ii) Must be located at least 20 feet from any unenclosed area where smoking is prohibited, other than unenclosed areas on the same property on which the designated smoking area will be located;
(iii) Must be located at least 20 feet from any enclosed area where smoking is prohibited and from any window, door, vent, or other opening into any enclosed area where smoking is prohibited;
(iv) Must be located at least 20 feet from any area either primarily used by children or otherwise designed to facilitate physical activity (including, but not limited to, playgrounds, tennis courts, and swimming pools);
(v) Must be no more than 10 percent of the total unenclosed area of the public place for which it is being established;
(vi) Must have a clearly marked perimeter;
(vii) Must be identified by conspicuous signs with lettering of not less than one inch in height stating “Designated Smoking Area Pursuant to CMC 8.40.040(3)” or other language approved by the city manager or designee thereof;
(viii) Must be approved in writing by the city manager, or designee thereof, who shall approve any request for a designated smoking area if smoking in that area is not otherwise prohibited by federal, state, county, and/or local law and otherwise adheres to the requirements of subsection (3)(a) of this section. The city manager or designee thereof is authorized to require modification or elimination of designated smoking areas as laws change, as binding agreements are created, and as other nonsmoking areas on the same property or adjacent public or private properties are established.
(b) Temporary Use Permit. Any permittee authorized to conduct a temporary use pursuant to CMC 20.84.260(3) may designate a portion of the place where the temporary use will be conducted to be a designated smoking area; provided, that the designated smoking area complies with all of the requirements set forth in subsections (3)(a)(i) through (3)(a)(viii) of this section.
Nothing in this section requires an owner of a public place or a holder of a temporary use permit to designate a smoking area.
(4) Nothing in this section shall be deemed to authorize or allow smoking in any area where smoking is prohibited by state or federal law. (Ord. 694 § 1, 2018).