- Day Care Facilities - California Health and Safety Code Sections 1596.795, 1596.890 - California law prohibits smoking on the premises of a licensed day care center and in a licensed family day care center and in a licensed family day care home (e.g., a day care for children based in the home of the provider) during the hours of operation as a family day care home and in those areas of the family day care home where children are present.
- Multi-Unit Housing Residences - California Civil Code Section 1947.5 - A landlord may prohibit the smoking of cigarettes or other tobacco products on the property or in any portion of the building.
- Public Transit Systems - California Health and Safety Code Sections 118925-118945 - Smoking is prohibited on public transportation systems and in any vehicle of an entity receiving transit assistance from the state. A notice prohibiting smoking must displayed as a symbol and in English.
- State, County, and City Buildings - California Government Code Sections 7596-7598 - Smoking is prohibited inside a public building, which is owned and occupied, or leased and occupied, by the state, a county, a city, or a California community college district; in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building; and in a passenger vehicle owned by the state.
- Schools - 20 United States Code Section 6083 - It is illegal under federal law to permit smoking within any indoor facility for kindergarten, elementary, or secondary education or library services for children.
- Smoking in Vehicles with Children - California Health and Safety Code Sections 118947—118949 - It is illegal to smoke or possess a lighted pipe, cigar, cigarette containing tobacco in any motor vehicle in which there is a minor (a person under 18 years of age), regardless of whether the vehicle is in motion or at rest.
- Tot Lots and Playgrounds - California Health and Safety Code Section 104495 - Smoking of tobacco products is prohibited within 25 feet of a playground or tot lot sandbox area. The disposal of tobacco-related waste, such as cigar and cigarette butts, is also prohibited in these areas.
- Workplaces - California Labor Code Section 6404.5 - It is against the law to smoke in an enclosed space at a place of employment. No employer shall knowingly or intentionally permit smoking in an enclosed space at a place of employment. An enclosed space includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building. A place of employment is any place where employment is carried on.
Possession and Use
Student Possession and Use - California Education Code Section 48901 - No elementary or secondary school shall permit its students to smoke or use tobacco or nicotine products while the students are on campus, attending school-sponsored activities, or under the supervision and control of school district employees.
Youth Purchase and Possession - California Penal Code Section 308(b) - It is unlawful for any person under the age of 18 years to purchase, receive, or possess any tobacco product or paraphernalia.
- Bidis - California Penal Code 308.1 - It is unlawful to sell, offer to sell, distribute, or import bidis (also known as beedies), defined as products containing tobacco wrapped in temburni leaf or tendu leaf. Violators are either subject to a civil penalty of $2000 per violation or guilty of a misdemeanor.
- Electronic Cigarettes - California Health and Safety Code Section 119405 - It is illegal to sell or otherwise furnish an electronic cigarette (e-cigarette) to a person under 18 years of age. An electronic cigarette is a device that can deliver an inhalable dose of nicotine to the use through a vaporized solution.
- ID Check Requirement - California Business and Professions Code Sections 22956, 22957 (STAKE Act) California Cole of Regulations, Title 17, Section 6902 (b) - Retailers must check the identification of tobacco purchasers who reasonably appear to be under 18 years of age. Additionally, Federal law now requires that identification must be checked for anyone who appears to be under 27 years of age.
- Minimum Pack Size - California Penal Code 308.2 - Cigarettes may not be manufactured, distributed, sold, or offered for sale in packages of fewer than 20 cigarettes. Roll-your-own tobacco may not be manufactured, distributed, sold, or offered for sale in a package containing less than 0.60 ounces to tobacco. Violators are liable for an infraction or a civil penalty of $200 for the first violation, $500 for the second violation, and $1000 for each subsequent violation or are guilty of an infraction.
- Sales to Minors: Penal Code - California Penal Code Section 308 (a) - It is unlawful for any person, firm, or corporation to sell, give, or in any way furnish to a minor any tobacco product or paraphernalia if that person, firm, or corporation knows or has grounds to know that the recipient is a minor. This law may be enforced against a business owner or an employee who sold the tobacco product or paraphernalia.
- Sales to Minors: The STAKE Act - California Business and Professions Code Sections 22958, 22952, 22957 (STAKE Act) California code of Regulations, Title 17, section 6903 - It is unlawful for any person, firm, or corporation to sell, give, or in any way furnish any tobacco product or paraphernalia to a person under the age of 18. This law may be enforced only against a business owner and not against an employee who sold the tobacco product or paraphernalia.
- Sign Posting Requirement - California Business and Professions Code Sections 22952, 22957 (STAKE Act) - Every store that sells tobacco must post a boldly printed, contrasting color sign in a conspicuous place at each point of purchase saying that tobacco products may not be sold to minors. The sign must state that the law requires retailers to check the identification of anyone who reasonably appears to be under 18 years of age.
- Single Cigarettes - California Penal Code Section 308.2 and - No person may sell one or more cigarettes, other than in a sealed and properly labeled package. A sealed and properly labeled package means the original packaging of the manufacturer or importer which meets federal labeling requirements.
- Tobacco Product Standards: The Tobacco Control Act - 21 United States Code Sections 333, 372, 387g - The U.S. Department of Health and Human Services may establish tobacco product standards for the protection of public health. Tobacco manufacturers may no longer use tobacco that contains an unsafe level of pesticide chemical residue, as determined by federal law. Descriptors similar to and including “light,” “low,” and “mild” are prohibited in all advertising, labeling, and marketing of cigarettes and smokeless tobacco products manufactured on or later than June 22, 2010. Cigarettes and their component parts (including tobacco, filter, or paper) must not contain any artificial or natural flavor (other than tobacco or menthol) or an herb or spice that is characterizing flavor of the tobacco product or tobacco smoke.
Laws in Fresno County
City of Clovis (Enacted in 2007)
- Prohibited Acts - Section 10.3.01 - It is prohibited to possess a lighted or burning tobacco related product, or any other lighted weed or plant, including but not limited to cigars, cigarettes and pipes; or use or chew tobacco or tobacco related products; or dispose of any lighted or unlighted tobacco or tobacco related product in any place other than a designated waste disposal container. “No Smoking” and “No Tobacco Use” signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying a City Park that smoking and tobacco use is prohibited within the area.
City of Firebaugh (Enacted in 2006)
- Tobacco Product Use Prohibited on City Property - Section 3-12.2 - (a) No person shall smoke or use tobacco products on city property, except on city owned streets open to normal traffic and on a adjacent sidewalks. When city-owned streets and adjacent sidewalks are used for events including, but not limited to, a farmers’ market or parade, smoking and tobacco product use is prohibited on such streets and sidewalks during the event, including set up and tear down. (b) “No Smoking” signs, with letters of no less than one inch in height or the international “No smoking” symbol shall be clearly, sufficiently and conspicuously posted by the City Manager or his or her designee on city property where smoking and tobacco product is prohibited. (c) No person shall dispose of smoking waste or tobacco product waste on city property on which smoking or tobacco product use is prohibited, except in a designated waste disposal container.
- Tobacco Product Sale and Distribution Prohibited on City Property - Section 3-12.3 - (a) No person shall sell, offer for sale, or exchange, or offer to exchange for any form of consideration tobacco products on city property. (b) No person shall engage in the non-sale distribution of any tobacco product on city property.
- Tobacco Retailer Licensing Ordinance - Ordinance No. 09.06 - It shall be unlawful for any person to act as a Tobacco Retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer’s license is a public nuisance. Compliance checks conducted by the Firebaugh Police Department Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
City of Fowler (Enacted in 2004)
- Smoke Free Policy for City Parks - Resolution No. 1946 - The City Council has reviewed and hereby approves the proposed Smoke Free Policy for the City of Fowler Parks. The city shall not solicit nor accept any tobacco related sponsorship, including monies or collateral for events held in city parks or recreational areas.
City of Fresno, Smoking Pollution Control Ordinance (Enacted in 1987):
- Enforcement—Sec. 10-1112 - Enforcement of this article shall be implemented by the Chief Administrative Officer or his designee and shall be undertaken solely at the discretion of the Chief Administrative Officer. Any citizen who desires to register a complaint under this article may initiate enforcement with the Chief Administrative Officer or his designees. Any violation of the provisions of this article shall be punishable as an infraction.
- Posting of Signs - Sec. 10-1111 - “Smoking” or “No Smoking” signs, whichever are appropriate, shall be clearly and conspicuously posted in every public place and every place of general assembly by employees in a place of employment.
- Prohibition of Smoking in Public Places - Sec. 10-1105 - Smoking is prohibited in all public places. A public place is an enclosed area to which the public is invited or has general access. This includes but is not limited to businesses where goods are sold or services are offered, restaurants, health care facilities, hotels, libraries, theaters, sports arenas, convention halls, elevators, restrooms, and pooling areas.
- Regulation of smoking in Bowling Centers - Sec. 10-1108 - Smoking is prohibited in the bowlers’ area including the approach area, participants’ seating area, scoring area, as well as the spectators area and entryways.
- Regulation of Smoking in Places of Employment - Sec. 10-1109 - Employers shall provide smoke-free areas for non-smoking employees within places of employment to the maximum extent possible. Each employer shall adopt, implement, make known and maintain a written smoking policy.
City of Fresno (Enacted in 1999)
- Exposure of Minors to Tobacco Products - Sec. 8-125 - No minor shall, in the streets, or in any public place, smoke a cigar, pipe, cigarette or shall use tobacco in any form. It shall be unlawful for any person, firm, corporation, business, partnership or other entity doing business within the City of Fresno to store stock, keep or display for sale or transfer any tobacco product in an area other than a place that is locked and secured or is otherwise made unavailable to the public and which is accessible only to the employees of the business.
City of Fresno (Enacted in 2004)
- Prohibited Acts in Parks - Sec. 5-502 (u) - No person shall possess a lighted or burning tobacco or tobacco-related product including but not limited to cigars, cigarettes and pipes; used or chew tobacco or tobacco –related products; or dispose of any lighted or unlighted tobacco or tobacco –related product in any place other than a designated waste disposal container.
City of Orange Cove (Enacted in 2003)
- Skate Park Regulations - Sections 12.16.020(A) - Within the skate park, it is unlawful for any person to use, consume, or have within his or her custody or control, alcohol, tobacco products, or illegal drugs within the skate park.
- Smoking Prohibited - Section 8.32.010 - Smoking is prohibited in all enclosed areas of municipal buildings, city, vehicles, and in any city park or any city playground, or indoor, outdoor recreational sporting facilities, and within twenty feet of the doorway of any municipal buildings.
City of Parlier (Enacted in 2012)
- Tobacco Retailer Licensing Ordinance- Chapter 5.05.040 - It shall be unlawful for any person to act as a Tobacco Retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Compliance checks conducted by the Parlier Police Department Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
City of Reedley (Enacted in 2003)
- Miscellaneous Regulations - Ordinance No. 2003-02 Section 10-3-3 - It shall be unlawful for any person within any park or recreation area to do any of the following: (v) to smoke or to use smokeless tobacco products as specified in Section 9-11-1 and 9-11-2 of this Code.
- Smoking Prohibited - Ordinance No. 2003-02 Section 9-11-1 - Smoking is prohibited in all City-owned or City-operated buildings and outdoor dinning areas; in all City-owned or City-operated parks, recreation areas, playgrounds, aquatic and sports facilities and in all City-owned and City-operated vehicles.
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