§ 5-10.03. Prohibition of smoking in public places

(a) Except as otherwise provided, smoking shall be prohibited in all public places within the City, including, but not limited to, the following areas:

(1) All areas available to and customarily used by the general public in all public, business and non-profit entities patronized by the public, including, but not limited to, offices (such as attorneys, doctors, and other professionals), banks, retail stores and shopping malls;

(2) Buses, trolleys, taxicabs and other means of public transit provided by or under the authority of the City, and in ticket, boarding and waiting areas of public transit depots;

(3) Elevators;

(4) Public rest rooms;

(5) Service lines;

(6) Libraries, museums and galleries;

(7) All reception and waiting areas;

(8) Waiting rooms, dining rooms, recreation rooms, lounges, hallways, wards and semiprivate rooms of private and public health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, senior care facilities, drug and alcohol treatment facilities, and doctors' and dentists' offices;

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

(10) 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 to the extent smoking is part of a stage production;

(11) Video arcades, bingo parlors, game rooms, pool halls, and other amusement and entertainment centers;

(12) Sports arenas, health and fitness clubs, auditoriums, and other facilities used for sports, recreation and fitness purposes;

(13) Bowling centers, including, but not limited to, bowling lanes, bowlers' settees, visitors' settees and concourses;

(14) Rooms, chambers, halls, or other places used for public meetings or public assembly, during such time as a public meeting is in progress;

(15) Restaurants, including outdoor seating areas;

(16) Retail food marketing establishments, including, but not limited to, grocery stores and supermarkets;

(17) Beauty and personal care salons and barber shops;

(18) Laundromats;

(19) Common areas in apartment buildings, condominiums, retirement facilities and dormitories;

(20) Hotel and motel facilities, except as provided in Section 5-10.06;

(21) Educational facilities;

(22) Polling places.

(b) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a non-smoking establishment, whether enclosed or not.

(§ 1, Ord. 703, eff. February 12, 1994)