Appendix 5403. Prohibition of Smoking in Public Places.

(a)

Smoking shall be prohibited in all public places within the City of Agoura Hills during business or other such hours when the public has access to such public places, including but not limited to, the following places:

(1)

Elevators.

(2)

Rest rooms.

(3)

All areas available to and customarily used by the general public in all businesses, governmental entities, and nonprofit entities patronized by the public, including but not limited to professional and other offices, banks, hotels and motels.

(4)

Restaurants as defined herein.

(a)

The designation of a contiguous area within a restaurant that contains a maximum of fifty (50) percent of the seating capacity of the restaurant, including the area designated as a "Bar", as a designated smoking area; or

(b)

The providing of separate rooms for smokers so long as the rooms designated for smokers do not contain more than fifty (50) percent of the seating capacity of the restaurant, including the area designated as a "Bar".

(5)

Public areas of museums, galleries or libraries when open to the public provided, however, that this prohibition does not prevent the designation of a separate room for smoking in such areas.

(6)

Any building not open to the sky which is used primarily for, or designed for the primary purpose of exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is part of the stage production; provided, however, that this prohibition does not prevent the designation of a contiguous area containing a maximum of fifty (50) percent of any area commonly called a lobby as a designated smoking area.

(7)

Public areas of enclosed sports arenas except in designated smoking areas.

(8)

Bingo establishments, except in designated smoking areas.

(9)

Every room, chamber and place of meeting or public assembly under the control of any board, council, commission, or committee of the city during such time as a public meeting is in progress.

(10)

Waiting rooms, hallways, wards and semi-private rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors offices, and dentists offices. In bed space areas of health facilities used for two (2) or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted.

(11)

Polling Places.

(12)

Public parks.

(13)

Public sports fields.

(14)

Outdoor service areas.

(15)

The grounds of Agoura Hills City Hall, Library, and Recreation Center.

(16)

Outdoor customer dining areas.

(17)

Outdoor common areas at a shopping center.

(18)

Outdoors within twenty-five (25) feet of any entrance or exit of any building open to the public.

(19)

A bus, taxi cab, shuttle van, or other means of public transportation.

(b)

Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section may declare the entire establishment or facility as a nonsmoking establishment.

(Ord. No. 204, § 1, 12-11-91; Ord. No. 238, § 1, 8-25-93; Ord. No. 15-414, §§ 4, 5, 1-28-2015)