Montebello Municipal Code Ch. 8.32 Smoking

The city council has determined that there is ample evidence that smoking in any form is a serious hazard to the health of members of the general public and city employees and an irritation, inconvenience and discomfort to persons in enclosed and outdoor areas. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to promote a policy of not smoking by any means such as tobacco use, or any weed or plant, in all areas of city-owned buildings or, city-owned vehicles, unless exempted, and recreational areas, places of employment, outdoor dining and drinking areas, service areas, public event areas, and other publicly accessible outdoor spaces within the city.

(Ord. 2068 § 2 (part), 1992: prior code § 6800)

(Ord. No. 2485, § 2, 1-14-2026)

The words and phrases used in this chapter shall have the following meanings unless from the context a different meaning is apparent:

"Cannabis" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

"City-owned building" means any building owned or leased and in use by the city. City-owned building shall not include any building owned in part by the city redevelopment agency which is also partly owned by private individuals or corporations under a disposition and development agreement or owner participation agreement; city-owned buildings include, but are not limited to, the Montebello senior citizens center, Taylor Ranch, parks and recreation, corporate yard, police department, fire department and city hall.

"City-owned vehicle" means any vehicles owned or leased and in use by the city of Montebello.

"Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including but not limited to an e-cigarette, e-cigar, e-pipe, vape pen, ore-hookah.

"Employee" means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.

"Employer" means any person or nonprofit entity that retains the service of one or more employees.

"Exceptions" means any building or designated area identified in writing by the city manager as exempt from the provisions of this chapter.

"Outdoor dining area" means any publicly or privately owned outdoor area including, but not limited to, patios, streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink. An outdoor dining area also includes temporary dining areas, such as a food truck, stall, or cart.

"Person" means any human, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.

"Place of employment" means an area under the control of an employer that an employee or the general public has access to in the normal course of operations, regardless of the hours of operation, including, but not limited to, work areas and construction sites.

"Public event areas" means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including, but not limited to, a farmers' market parade, fair, festival, or concerts.

"Public place" means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including, but not limited to, sidewalks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities.

"Recreational area" means any publicly or privately owned area [including streets and sidewalks located within the area ] that is 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, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.

"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, areas including or within twenty-five feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.

"Smoke" or "Smoking" means:

(1) Inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;

(2) Carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or

(3) Using an electronic smoking device or hookah.

"Smoking" does not include the use of traditional, sacred tobacco as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.

"Tobacco product" means:

(1) Any product that is made from or derived from commercial tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

(2) Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

(3) Any component, part or accessory of A. or B., whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

"Tobacco product" does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

"Tobacco product use" means the act of smoking, vaping, or the consumption of any tobacco product or nicotine product in any form.

"Unenclosed area" means any area that is not an enclosed area.

(Ord. 2068 § 2 (part), 1992: prior code § 6801)

(Ord. No. 2485, § 2, 1-14-2026)

Smoking is prohibited in the following locations:

• City owned buildings;

• City owned vehicles;

• Recreational areas;

• Outdoor dining and drinking areas;

• Service areas;

• Places of employment;

• Public event areas; and

• Other publicly accessible outdoor spaces within the city.

(Ord. 2068, § 2 (part), 1992: prior code § 6802)

(Ord. No. 2485, § 2, 1-14-2026)

Signs designating "no smoking" where smoking is prohibited, shall be clearly, sufficiently and conspicuously posted. The manner of such posting, including the wording, size, color, design, and place of posting, shall be determined by the city manager or his/her designee.

(Ord. 2068 § 2 (part), 1992: prior code § 6803)

(Ord. No. 2485, § 2, 1-14-2026)

Any person who violates any provision of this chapter shall be guilty of an infraction and, notwithstanding any other provision of this code to the contrary, upon conviction thereof, may be punished by a warning for the first offense, a fine of not more than fifty dollars for the second offense, and one hundred dollars for the third and subsequent offenses.

(Ord. 2068 § 2 (part), 1992: prior code § 6804)