CC Ordinance 2204Ordinance No. 2204
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CAMPBELL MUNICIPAL CODE SECTION 6.11.110 TO INCLUDE
VAPING AS A FORM OF SMOKING
The City Council of the City of Campbell does ordain as follows:
SECTION 1: Section 6.11.110 is amended to read as follows, with strikeouts (°+r;U~~~)
indicating deleted text and underlining (underlining) indicating added text: .
6.11.110 -Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section:
(1) "Bar, tavern, lounge or nightclub" means a facility primarily devoted to the serving of
alcoholic beverages, in which the serving of food is incidental. A bar, tavern, lounge or
nightclub can be freestanding, but also includes those facilities located within a hotel or
motel or other transient occupancy establishment. When a bar, tavern, lounge or
nightclub is located in conjunction with another use, such as a restaurant, the definition
of bar or tavern applies only to those areas used primarily for the sale and service of
alcoholic beverages. Bar, tavern, lounge or nightclub does not include the dining areas
of a restaurant, regardless of whether alcohol is served in~them.
(2) "Business" means any sole proprietorship, partnership, joint venture, corporation,
association and includes any commercial or industrial establishment, including, but not
limited to, the common areas of a building which leases space to one or more
commercial or industrial tenants.
(3) "Dining area" means any area of a business, which is available to or customarily
used by the general public or an employee, and is designed, established, or regularly
used for consuming food or drink regardless if located on public or private property or
whether enclosed or unenclosed.
(4) "Electronic smoking device" means an electronic and/or battery operated device, the
use of which may resemble smoking, which can be used to deliver'an inhaled dose of
vapors including nicotine or other substances. "Electronic smoking device" includes any
such electronic smoking devices, whether manufactured, distributed, marketed, or sold
as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe,
an electronic hookah, or any other product name or descriptor. "Electronic smoking
device" does not include any product specifically approved by the United States Food
and Drug Administration for use in the mitigation, treatment or prevention of diseases.
{4} ~ "Employee" means any person who is employed or retained as an independent
contractor by any employer or nonprofit entity in consideration for direct or indirect
monetary wages or profit or any person who volunteers his or her services for an
employer or nonprofit entity.
{-~} ~ "Employer" means any person, business or nonprofit entity that retains the
services of one or more employees.
{~}~~ "Enclosed area" means an area in which outside air cannot circulate freely to all
parts of the area, and includes~an area that has any type of overhead cover whether or
not that cover includes vents or other openings and at least three walls or other vertical
boundaries of any height whether or not those boundaries include vents or other
openings; or four walls or other vertical boundaries that exceed six feet in height
whether or not those boundaries include vents or other openings.
{~} ~ "Gaming club" means any gaming club as defined in Section 19802 of the
Business and Professions Code or bingo facility as defined in Section 326.5 of the
Penal Code that restricts access to minors under the age of eighteen.
{~} ~ "Lobby" means the common public area of a hotel/motel in which registration and
other similar activities are conducted and in which the establishment's guests and
members of the public congregate.
{~} ~ "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
~9-} 11 "Person" means any natural person, business, cooperative association,
nonprofit entity, personal representative, receiver, trustee, assignee, or other legal entity
including government agencies.
{~} ~ "Place of employment" means any area under the legal or de facto control of
an employer, that an employee or the general public may have cause to enter in the
normal course of the operations, regardless of the hours of operation.
{~} ~ "Place of public assembly" means a room or chamber in which a public entity
conducts a public meeting.
{~-~} ~ "Public place" means ariy enclosed area to which the public is invited or in
which the public is permitted, including, but not limited to banks, educational facilities,
health facilities, public transportation facilities, reception areas, restaurants, retail stores,
retail service establishments, retail food establishments and waiting rooms. A private
residence. is not a "public place."
{~-4} ~ "Public recreational area" means any area that is owned or operated by the
City of Campbell and open to the general public for recreational purposes, regardless of
any fee or age requirement. The term "recreational area" includes, but is not limited to
the community center, the public area located between city hall and the Campbell library
commonly known as the orchard city green, parks, playgrounds, sports fields, walking
paths, gardens, hiking trails, bike paths, trails, swimming pools, roller-and ice-skating
rinks, and skateboard parks.
{-a-~} ~ "Reasonable distance area" means a distance of twenty feet in any direction
from any doorway, window opening, crack, or vent of any area where smoking is
prohibited under Section 6.11.020 of this chapter, except while actively passing on the
way to another destination. Nothing in this definition shall limit or reduce the minimum
smoking prohibition distance requirements for any publicly owned or utilized building or
structure, subject to state or federal regulations.
{~} ~ "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail
lounge, sandwich stand, soda fountain, private and public school cafeteria or eating
establishment, and any other eating establishment, or organization, club, including
veterans' club, boardinghouse, or guesthouse-which gives or offers for sale food to the
public, -guests, patrons or employees, as well as kitchens in which food is prepared on
the premises for serving elsewhere, including catering functions, except that the term
"restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern
is a "bar" as defined in subsection (1) ofthis section.
~} ~ "Service area" means any publicly or privately owned area, including streets
and sidewalks, that is designed to be used or is regularly used by one or more persons
to receive a service, wait to receive a service or to make a transaction, whether or not
such service or transaction includes the exchange of money. The term "Service Area"
includes, but is not limited to, information kiosks, automatic teller machines (ATMs),
ticket lines, bus stops or shelters, mobile vendor lines or cab lines.
{~} ~ "Smoke" means tie any_ gases) va ors and/or particles released into the air by
combustion1 electrical i nition, or vaporization when the apparent or usual purpose of
the combustion) electrical ignition, or vaporization is human inhalation of the resulting
byproducts ,except w+tl~
when the .combustible material contains no tobacco or nicotine and, the purpose of
inhalation is solely olfactory, such as, for example, smoke from incense. The term
"smoke," includes, but is not limited to, tobacco smoke, and vapors from an electronic
smoking devise.
{~} 20 "Smoking" means engaging in any activity that generates smoke, such as, for
example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, or a lighted
cigarette of any kind; or lighting a pipe, a lighted hookah pipe, a lighted cigar, or a
lighted cigarette. of any kind, or a heated or activated electronic smoking devise.
{~} 21 "Theatrical productions" means any movie and television production set
(indoor or outdoor) and live theater.
{~} ~ "Tobacco product" means any substance containing tobacco leaf, and any
product or formulation of matter containing biologically active amounts of nicotine that is
manufactured, sold, offered for sale, or otherwise distributed with the expectation that
the product or matter will be introduced into the human body, but does not include any
cessation product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependence.
~} ~ "Tobacco store" means a retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is merely incidental.
{2-~} 24 "Unenclosed area" means any area that is not an enclosed area.
{24} 25 "Warehouse facility" means a warehouse facility with more than one hundred
thousand square feet of total floor space, and twenty or fewer full-time employees
working at the facility, but does not include any area within such a facility that is utilized
as office space.
(~~} ~ "Workplace" means any enclosed places of employment with walls and a
ceiling. Partitioned, individual offices within a larger office space are included, since they
are within a larger building. Individual offices with doors within a larger office space are
included, since they are within a larger building. Indoor restaurants are also included,
since they are considered enclosed places, of employment.
A private residence is not a workplace, except for those residences licensed as family
day care homes. In those cases, Smoking is prohibited during the hours when the home
is used as a family day care home and in the' presence of children.
SECTION 2: This Ordinance shall become effective (30) days following its passage and
adoption and shall be published once within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this 21St day of June, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Gibbons, Baker
NOES: Councilmembers: Cristina
ABSENT: Councilmembers: None
APPROVED:
ATTEST:
Wendy ood, City Clerk
~~-
Ja on T. Baker, Mayor