HomeMy WebLinkAboutSmoking Ordinance Packet
Staff Memo to the Sustainability Commission
Date: 15 October 2024
Subject: Proposed Smoking Ordinance
From: Office of Sustainability
Summary
The Sustainability Department presents the most recent compiled draft of an ordinance to limit
smoking in certain indoor areas and confined spaces.
Recommendation
Identify Commissioners who are interested in supporting the future progress of the ordinance
and define next steps.
Background
In its May 17, 2022, meeting, the Sustainability Commission recommended that a proposed
ordinance to regulate tobacco and cannabis product use in the City of Palm Springs be
presented to the City Council. The ordinance was drafted, reviewed, and approved by the
Sustainability Commission and the Human Rights Commission. The initial proposed ordinance
was submitted by former Commissioner Carl Baker and approved by both the Sustainability
Commission and the Human Rights Commission. The draft provided dates back to 2022 and
was at that time preliminarily reviewed by the City’s legal team.
In September of 2024, the City Council expanded prohibition on smoking to include outdoor
areas of the Palm Springs Airport.
Staff Analysis
Ordinance Impact
The draft expands areas where smoking and tobacco product use would be prohibited to
include some new enclosed and unenclosed areas . Several sections of the existing Municipal
Code 6.10 would be modified to address the provisions. We recommend that Commissioners
review the ordinance draft and the existing Municipal Code, provided as Appendices A and B,
respectively.
Recent Inquiries
Staff and the Commission have received public comment at several meetings and via email
about the provisions in the draft ordinance, particularly regarding those relating to multi -family
housing.
The City Council has not yet requested that this ordinance be brought forward for consideration.
Next Steps
Commissioners have requested that we bring this back for discussion so the Commission can
identify next steps, which could include:
• Formation of an ad-hoc subcommittee
• Identifying an approach to working with the City Council
• Identifying any needed outreach to communities in the City
1
ORDINANCE NO.
PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.10 OF
THE PALM SPRINGS MUNICIPAL CODE REGULATING TOBACCO
AND CANNABIS PRODUCT USE IN THE CITY
City Attorney’s Summary
This ordinance amends the City of Palm Springs Municipal Code
smoking regulations to expand the areas in the City where smoking is
prohibited, including the smoking of cannabis, and broadens the
prohibition on smoking to include, among other things, residential units
in multi-unit residences.
WHEREAS, tobacco use causes death and disease and continues to be an urgent public
health challenge; and
WHEREAS, exposure to secondhand smoke has been identified as a health hazard, has
negative health impacts, and exposure to secondhand smoke occurs at significant levels
outdoors; and
WHEREAS, exposure to secondhand smoke causes death and disease; and
WHEREAS, tobacco use and exposure to secondhand smoke impose great social and
economic costs; and
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public
health and medical costs with based on review of over 80 peer-reviewed research studies
showing that smoke-free policies reduce tobacco use, reduce exposure to secondhand smoke,
increase the number of tobacco users who quit, reduce initiation of tobacco use among young
people, and reduce tobacco-related illnesses and death; and
WHEREAS, laws restricting electronic smoking devices use have benefits to the public; and
WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share
of death and disease; and
2
WHEREAS, cigarette butts are a major and persistent source of litter and pose a health threat
to young children; and
WHEREAS, though widely perceived as a comprehensive smoke-free air law, exemptions
and loopholes in the California Smoke-free Workplace Act mean that one in seven Californians
faces secondhand smoke exposure at work; and
WHEREAS, exemptions and loopholes in the California Smoke-free Workplace Act
disproportionately impact low-income and communities of color; and
WHEREAS, California cities and counties have the legal authority to adopt local laws that
make all indoor places of employment nonsmoking; and
WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and
expressly authorizes local communities to enact additional restrictions; and
WHEREAS, the state smoke-free workplace law does not expressly prohibit the use of
electronic smoking devices in enclosed workplaces; and
WHEREAS, there is broad public recognition of the dangers of secondhand smoke and
support for smoke-free air laws; and
WHEREAS, as of April 2015, there are at least 64 California cities and counties with local
laws restricting smoking in workplaces not covered by the state smoke-free workplace law; and
WHEREAS, as of April 2014, at least 131 local jurisdictions in California prohibit the use of
electronic smoking devices in specific locations; and
WHEREAS, as of January 2015, there are at least 348 California cities and counties with
local laws restricting smoking in recreational areas, 129 with local laws restricting smoking in
outdoor dining places, and 48 with local laws restricting smoking on sidewalks in commercial
areas; and
WHEREAS, there is no Constitutional right to smoke.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES
ORDAIN AS FOLLOWS:
3
SECTION 1. Findings. That the findings and determinations reflected above and in
Appendix A, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this Ordinance.
SECTION 2. Code Amendment. Chapter 6.10 of the Palm Springs Municipal Code is hereby
amended to read, in its entirety, as follows:
Chapter 6.10 SMOKING PROHIBITED IN CERTAIN AREAS
6.10.010 Purpose of Chapter
Because smoking of tobacco or cannabis, or consuming nicotine, is a danger to health and a
cause of material annoyance, inconvenience, discomfort and a health hazard to those who are
present in confined places, and in order to serve public health, safety and welfare, the declared
purpose of this chapter is to prohibit the smoking of tobacco, nicotine or cannabis in certain
areas.
6.10.020 Definitions
(a) “Business” means any sole proprietorship, partnership, joint venture, corporation,
association, landlord, or other entity formed for profit-making purposes.
(b) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, cannabis indica, or
cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means
the separated resin, whether crude or purified, obtained from Cannabis. “Cannabis” also
means marijuana as defined by Section 11018 of the California Health and Safety Code.
“Cannabis” does not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination. For the purpose of this Chapter, “Cannabis” does not mean industrial hemp
as that term is defined by Section 81000 of the California Food and Agricultural Code or
Section 11018.5 of the California Health and Safety Code.”
(c) “Common Area” means every Enclosed Area and Unenclosed Area of a Multi-Unit
Residence that residents of more than one Unit of that Multi-Unit Residence are entitled
to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators, stairs,
community rooms, playgrounds, gym facilities, swimming pools, parking garages,
4
parking lots, restrooms, laundry rooms, cooking areas, and eating areas.
(d) “Dining Area” means any publicly or privately owned area, including 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.
(e) “Electronic Smoking Device” means an electronic device any device that may be used to
deliver any aerosolized or vaporized substance to the person inhaling from the device,
including any component, part, or accessory of such a device, whether or not sold
separately. “Electronic Smoking Device” includes any such device, 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.
(f) “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.
(g) “Employer” means any Business or Nonprofit Entity that retains the service of one or
more Employees.
(h) “Enclosed Area” means all space between a floor and a ceiling that is bounded by walls,
doorways, vegetation, or windows, whether open or closed, covering more than 50 percent
of the combined surface area of the vertical planes constituting the perimeter of the area. A
wall includes any retractable divider, garage door, or other physical barrier, whether
temporary or permanent.
(i) “Landlord” means any person who owns property for rent for residential use, any person
who rents residential property, and any person who manages such property, except that
“landlord” does not include a master tenant who sublets a unit as long as the master
tenant sublets only a single unit of a multi-unit residence.
(j) “Minor” shall mean any individual who is less than twenty-one (21) years of age.
5
(k) “Multi-Unit Residence” means property containing two (2) or more Units, including, but
not limited to, apartment buildings, common interest developments, senior and assisted
living facilities, and long-term health care facilities, except the following specifically
excluded types of housing:
(1) a hotel or motel that meets the requirements of California Civil Code section
1940(b)(2);
(2) a mobile home park;
(3) a campground;
(4) a single-family home;
(5) a single-family home with a detached or attached in-law or second unit.
(l) “No Smoking Sign” means a sign containing the words “No Smoking” or the international
“No Smoking” symbol (a pictorial representation of a burning cigarette in a red circle
with a red bar across it.) Where pertinent, “No Smoking Sign” may also mean a sign
containing the words “No Vaping”, “No E-cigarette Use”, “No Cannabis Use”, and
variations thereto with respect to this chapter’s requirements and enforcement.
(n) “Nonprofit Entity” means any entity that meets the requirements of California
Corporations Code section 5003 as well as any corporation, unincorporated association,
or other entity created for charitable, religious, philanthropic, educational, political,
social, or similar purposes, the net proceeds of which are committed to the promotion of
the objectives or purposes of the entity and not to private gain. A government agency is
not a Nonprofit Entity within the meaning of this chapter.
(o) “Patron” means a person who buys the goods or uses the services offered by an
establishment.
(p) “Person” means any natural person, cooperative association, Employer,
Nonprofit Entity, personal representative, receiver, trustee, assignee, or any other
legal entity including a government agency.
(q) “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.
(r) “Public Place” means any place, publicly or privately owned, which is open to the
general public regardless of any fee or age requirement, including sidewalks,
streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities. For
6
the purposes this chapter, “Public Place” also includes the common interest and
shared space areas in any homeowner’s association, planned urban development
location, common interest community spaces, community centers and facilities,
or similar entity or location.
(s) “Reasonable Distance” means a distance of twenty-five (25) feet in any direction from an
area in which Smoking is prohibited.
(t) “Recreational Area” means any area, including streets and sidewalks, that is publicly or
privately owned 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,
parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens,
hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks,
skateboard parks, amusement parks, and beaches.
(u) “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 adjacent to information kiosks, automatic teller
machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.
(v) “Smoke” means the gases, particles, or vapors released into the air as a result of
combustion, electrical ignition, or vaporization, when the apparent or usual purpose of
the combustion, aerosolization, electrical ignition, or vaporization is human inhalation of
the byproducts, except when the combusting or vaporizing 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, Electronic Smoking
Device vapors, marijuana smoke, and crack cocaine smoke.
(w) “Smoking” means inhaling, exhaling, burning, or vaping any tobacco, nicotine, or
cannabis product, whether natural or synthetic, and includes carrying an activated,
lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking
Device, or any plant product, including cannabis, intended for human inhalation. For the
purposes of this provision the terms to “smoke” and “smoking” are interchangeable with
the terms to “vape” and “vaping”.
(x) “Tobacco Product” means:
(1) any product containing, made, or derived from tobacco or nicotine, whether natural
7
or synthetic, that is intended for human consumption, whether smoked, heated,
chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other
means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco,
hookah, loose leaf tobacco, smokeless tobacco, pipe tobacco, snuff, and snus; and
(2) Any Electronic Smoking Device (including, but not limited to vape pens).
(3) Notwithstanding any provision of subsections (1) and (2) to the contrary, “Tobacco
Product” includes any component, part, or accessory of a Tobacco Product, whether or
not sold separately. “Tobacco Product” does not include any product that has been
approved by the United States Food and Drug Administration for sale as a tobacco
cessation product or for other therapeutic purposes where such product is marketed and
sold solely for such an approved purpose.
(y) “Tobacco product waste” means any component, part, or remnant of any tobacco product.
Tobacco product waste includes any waste that is produced from the use of a tobacco
product, including all tobacco product packaging and incidental waste such as lighters or
matches, whether or not it contains tobacco or nicotine.
(z) “Unenclosed Area” means any area that is not an Enclosed Area.
(aa) “Unit” means a personal dwelling space, even where lacking cooking facilities or private
plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed
Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not
limited to an apartment; a condominium; a townhouse; a room in a long-term health care
facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room
occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle
or tent; a single-family home; and an in-law or second unit.
6.10.030 Prohibition of Smoking and Tobacco Product use in Enclosed Areas
(a) Smoking and the use of Tobacco Products is prohibited in the Enclosed Areas of the
following places within the City of Palm Springs:
(1) Places of Employment;
(2) Other businesses that have a common or shared air space with an Enclosed Area in
which smoking is prohibited by law, such as, without limitation, openings, cracks, air
ventilation systems, doorways, hallways, and stairways. Notwithstanding any other
provision, the fact that Smoke enters one Enclosed Area from another Enclosed Area is
conclusive proof that the areas share a common or shared air space;
(3) Public places;
8
(4) Common areas in Multi-Unit Residences (common interest and rental);
(5) Residential Units in Multi-Unit Residences (common interest and rental);
(b) Smoking and the use of Tobacco Products is prohibited by this chapter in all Enclosed
Areas exempted by the California smoke-free workplace law (Labor Code section
6404.5(e), as that section may be amended from time to time) except as provided below.
9
(1) Smoking is not restricted by this subsection in up to ten percent (10%) of guestroom
accommodations in a hotel, motel, or similar transient lodging establishment that
meets the requirements of California Civil Code section 1940(b)(2) if the hotel or
motel permanently designates particular guestrooms as nonsmoking rooms such that
ninety percent (90%) or more of guestrooms are permanently nonsmoking and
ashtrays and matches are permanently removed from such nonsmoking rooms.
Permanent “No Smoking” signage shall be placed in nonsmoking guestrooms.
(2) Smoking inside a Tobacco Shop is not prohibited by this subsection if: (a) the
Tobacco Shop does not sell edible products, including, for example, food, water, or
drinks, or allow such products to be consumed on the premises; (b) the Tobacco Shop
prohibits minors from entering the store at all times; and (c) the premises of the
Tobacco Shop is an independent freestanding building unattached to any other
building, establishment, or use. For the purposes of this exception, “Tobacco Shop”
means any tobacco and/or nicotine product retailer that derives more than seventy-
five percent (75%) of gross sales receipts from the sale or exchange of Tobacco
Products and tobacco paraphernalia.
(3) Smoking in a theatrical production by the actors is not prohibited by this subsection
if Smoking is an integral part of the story and the use of a fake, prop, or special effect
cannot reasonably convey the idea of Smoking in an effective way to a reasonable
member of the anticipated audience.
(c) Nothing in this chapter prohibits any person or employer with control over any property
from prohibiting smoking, tobacco, and nicotine use on any part of such property, even if
smoking, tobacco, or nicotine use is not otherwise prohibited in that area.
(d) It is not a violation of this chapter to use tobacco as part of an Indigenous practice or a
lawfully recognized religious, spiritual, or cultural ceremony or practice. Approval from
City administration must be requested and received prior to the ceremony, and the
ceremony must be conducted in compliance with pertinent laws and regulations.
6.10.040 Prohibition of Smoking and Tobacco Product use in Unenclosed Areas
(a) Smoking and the use of Tobacco Products is prohibited in the Unenclosed Areas of the
following places within the City of Palm Springs:
(1) Recreational Areas;
(2) Service Areas;
(3) Dining Areas;
10
(4) Places of Employment;
(5) Common Areas of Multi-Unit Residences provided, however, that a Person with legal
control over a Common Area may designate a portion of the Unenclosed Area of the
Common Area as a designated Smoking area if the area meets all of the following
criteria:
(i) the area must be located a Reasonable Distance from any Unit or Enclosed
Area where Smoking is prohibited by this chapter or other law; by binding
agreement relating to the ownership, occupancy, or use of real property; or by
designation of a Person with legal control over the property. In the case of a
nonsmoking area created by agreement or designation, this provision does not
apply unless the Person designating the Smoking area has actual knowledge
of, or has been given notice of, the agreement or designation. A Person with
legal control over a designated Smoking area may be obliged to modify,
relocate, or eliminate that as laws change, as binding agreements are created,
and as nonsmoking areas on neighboring property are established;
(ii) the area must not include, and must be a Reasonable Distance from,
Unenclosed Areas primarily used by children and Unenclosed Areas with
improvements that facilitate physical activity including, for example,
playgrounds, tennis courts, swimming pools, school campuses, and
sandboxes;
(iii) the area must be no more than ten percent (10%) of the total Unenclosed Area
of the Multi-Unit Residence for which it is designated;
(iv) the area must have a clearly marked perimeter;
(v) the area must be identified by conspicuous signs;
(vi) the area must be completely within an Unenclosed Area; and
(vii) the area must not overlap with any Enclosed or Unenclosed Area in which
Smoking is otherwise prohibited by this chapter or other provisions of this
Code, state law, or federal law; and
(b) Other Public Places, when being used for a public event, including but not limited to a
farmers’ market, parade, craft fair, festival, or any other event open to the general public.
(c) Nothing in this chapter prohibits any Person, Employer, or Nonprofit Entity with legal
control over any property from prohibiting Smoking and Tobacco Product use on any
11
part of such property, even if Smoking or the use of Tobacco Products is not otherwise
prohibited in that area.
(d) The Director of Community and Economic Development or his/her designee shall
conduct an ongoing educational program to explain and clarify the purposes and
requirements of this chapter, as well as to provide guidance to Persons, Employers, and
Nonprofit Entities about compliance. However, lack of such education shall not be a
defense to a violation of this chapter.
6.10.050 Reasonable Smoking distance required
(a) Smoking in all Unenclosed Areas shall be prohibited within a Reasonable Distance from
any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking
is prohibited.
(b) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance from any
Unenclosed Areas in which Smoking is prohibited under section 6.10.040 of this chapter.
(c) The prohibitions in subdivisions (a) and (b) shall not apply to Unenclosed Areas of
private residential properties that are not Multi-Unit Residences.
6.10.060 Other requirements and prohibitions
(a) No Person, Employer, or Nonprofit Entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as, for example, ash trays or ash cans,
within an area under the legal or de facto control of that Person, Employer, or Nonprofit
Entity and in which Smoking or the use of Tobacco Products is prohibited by law,
including, without limitation, within a Reasonable Distance required by this chapter from
any area in which Smoking or the use of Tobacco Products is prohibited. Notwithstanding
the foregoing, the presence of ash receptacles in violation of this subsection shall not be a
defense to a charge of Smoking or the use of Tobacco Products in violation of any
provision of this chapter.
(b) No Person, Employer, or Nonprofit Entity shall knowingly permit Smoking or the use
of Tobacco Products in an area which is under the legal or de facto control of that
Person, Employer, or Nonprofit Entity and in which Smoking or the use of Tobacco
Products is prohibited by law. A Person, Employer, or Nonprofit Entity that has control
of an area in which Smoking or the use of Tobacco Products is prohibited by this
chapter shall direct anyone who is in violation of this chapter by their Smoking or use of
Tobacco Products to stop. If they do not stop using the product, the Person, Employer,
or Nonprofit Entity shall refuse any service and shall immediately ask them to leave the
property. If the ejection is from a public event, it shall be for the duration of the public
12
event.
(c) No Person shall dispose of used Smoking or Tobacco Product waste within the
boundaries of an area in which Smoking or Tobacco Product use is prohibited, including
within any Reasonable Distance required by this chapter.
(d) A Person, Employer, or Nonprofit Entity that has legal or de facto control of an area in
which Smoking and the use of Tobacco Products is prohibited by this chapter shall post a
clear, conspicuous and unambiguous “No Smoking” and “No Use of Tobacco
Products”/“No Use of Tobacco/Nicotine/Cannabis” or “Smoke-free” and “Tobacco-
Free” sign at each point of ingress to the area, and in at least one other conspicuous point
within the area. The signs shall have letters of no less than one inch in height and shall
include the international “No Smoking” symbol as well as the “No Vaping”/“No E-
Cigarette” symbol (consisting of a pictorial representation of a burning cigarette or
activate Electronic Smoking Device enclosed in a red circle with a red bar across it).
Signs shall also indicate the maximum fines allowable. Signs posted on the exterior of
buildings to comply with this section shall include the Reasonable Distance requirement
set forth in Sec.___(*4). At least one sign with the City of Palm Springs phone number to
which complaints can be directed must be placed conspicuously in each place in which
Smoking is prohibited. For purposes of this section, the City Manager or his / her
designee shall be responsible for the posting of signs in regulated facilities owned or
leased in whole or in part by the City of Palm Springs. Notwithstanding this provision,
the presence or absence of signs shall not be a defense to a charge of Smoking or the use
of Tobacco Products in violation of any other provision of this chapter.
(e) No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect
any reprisal, for the purpose of retaliating against another Person who seeks to attain
compliance with this chapter.
(f) Each instance of Smoking or Tobacco Product use in violation of this chapter shall
constitute a separate violation. For violations other than for Smoking, each day of a
continuing violation of this chapter shall constitute a separate violation.
6.10.070 Enforcement
(a) It is unlawful for any person who owns, manages, operates or otherwise controls the use
of any premises subject to regulation under this chapter to refuse to comply with any of
its provisions, or to permit any Employee or Patron to violate this chapter.
13
(b) City staff and volunteers will be notified about the requirements of this chapter through
the employee manual.
(c) The Director or their designee shall conduct an ongoing educational program to explain
and clarify the purposes and requirements of this chapter, as well as to provide guidance to
persons or employers about compliance. City staff will communicate the requirements of
this chapter to public event organizers. City staff will also make periodic observations of
recreational areas and other City property covered by this chapter to monitor for
compliance. Anyone found by City staff to be violating this chapter will be reminded of its
requirements and asked to comply before being subject to ejection from the property.
(d) Any violation of this chapter is hereby declared to be a nuisance.
(e) In addition to other remedies provided by this chapter or by other law, any violation of
this chapter may be remedied by a civil action brought by the City Attorney, including,
but not limited to, administrative or judicial nuisance abatement proceedings, civil or
criminal code enforcement proceedings, and suits for injunctive relief.
(f) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the
City. Nothing in this chapter shall create a right of action in any Person against the City
or its agents to compel public enforcement of this chapter against private parties.
6.10.080 Penalties
(a) The remedies provided by this chapter are cumulative and in addition to any other
remedies available at law or in equity.
(b) Each instance of smoking, tobacco, and/or nicotine use in violation of this chapter shall
constitute a separate violation. For violations other than for smoking, each day of a
continuing violation of this chapter shall constitute a separate violation.
(c) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
chapter shall also constitute a violation of this chapter subject to an infraction and fine
not to exceed five hundred dollars ($500).
(d) Each incident of Smoking or use of Tobacco Products in violation of this chapter is an
infraction subject to: (i) a fine not to exceed five hundred dollars ($500); (ii) up to twenty-
five (25) hours of monitored community service work; (iii) or completion, to the City’s
satisfaction, of a smoking cessation program. Other violations of this chapter may, at the
discretion of the City Attorney, be prosecuted misdemeanors when the interests of
(e) justice so require or be subject to an infraction and fine not to exceed five hundred dollars
($500). Enforcement of this chapter shall be the responsibility of the City Attorney. In
addition, any peace officer or code enforcement official also may enforce this chapter.
14
(f) Multiple violations of this chapter by a person or employer that has control of an area in
which smoking, tobacco, nicotine, and/or cannabis use is prohibited by this chapter may
result in the suspension or revocation of any permit or license issued to the person for the
property on which the violations occurred.
SECTION 3. Severability. It is the intent of the City Council of the City of Palm Springs,
California, to supplement applicable state and federal law, not to duplicate or contradict such
law, and not to regulate any conduct regulation of such conduct has been preempted by the State
of California. This ordinance shall be construed consistently with that intention. If any section,
subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its
application to any Person or circumstance, is for any reason held to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance,
or its application to any other Person or circumstance. The City Council of the City of Palm
Springs, California, hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof independently, irrespective of the fact
that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases hereof be declared invalid or unenforceable.
SECTION 4. Environmental Review. In accordance with the California Environmental Quality
Act, the City Council finds that the adoption of this ordinance is exempt from CEQA pursuant to
Sections 15308, and 15061(b)(3) of the CEQA Guidelines.
SECTION 5. Effective Date. This ordinance shall become effective 30 days after its adoption.
SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published
and posted pursuant to the provisions of law.
PASSED AND ADOPTED THIS ______ DAY OF ________________, 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Lisa Middleton, Mayor
ATTEST:
15
City Clerk
Appendix A: Findings.
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health
threat, as evidenced by the following:
• The World Health Organization (WHO) estimates that tobacco kills up to half of its users,
amounting to more than 8 million deaths each year worldwide, including nearly half a
million people who die prematurely from smoking in the United States alone;1
• Tobacco use causes disease in nearly all organ systems and is responsible for an estimated
87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic
obstructive pulmonary disease deaths in the United States;2
• The estimated economic damage attributable to smoking and exposure to secondhand
smoke in the United States is nearly $300 billion annually;2
• Despite significant progress, tobacco use remains the leading cause of preventable death
and disease in the United States,2 and
WHEREAS, tobacco use is the number one cause of preventable death in California2 and
continues to be an urgent public health issue, as evidenced by the following:
• An estimated 40,000 California adults die from smoking annually;3
• Each year, smoking costs California an estimated $13.3 billion in direct health care
expenses, $3.6 billion in Medicaid costs, and $10.4 billion in productivity losses;4
• Research indicates that more than 25% of all adult cancer deaths in California are
attributable to smoking;5 and
WHEREAS, significant disparities in tobacco use exist in California, which create barriers to
health equity,6 as evidenced by the following:
• African American (17.0%) and American Indian (19.1%) Californians report a higher
smoking prevalence than white Californians (11.8%);7
• The American Indian population in California reports the highest cigarette smoking rate
among adults, and American Indian youth report the highest rate of smoking among high
school students;7
• Californians with the highest levels of educational attainment and annual household income
report the lowest smoking rates;7
• Those who identify as lesbian, gay, bisexual, or transgender in California report smoking at
higher rates than those who do not;7
16
• Californians who live in multiunit housing report smoking cigarettes at a higher rate
(13.1%) than those who live in a house (9.7%);7
• Californians who reported experiencing psychological distress in the preceding month
smoked at a rate far higher (26.7%) than the average statewide smoking rate (11.0%);7 and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by
the following:
• In 2006, the U.S. surgeon general concluded that there is no risk-free level of exposure to
secondhand smoke;8
• In 2006, the California Air Resources Board identified secondhand smoke as a toxic air
contaminant, in the same category as the most toxic automotive and industrial air
pollutants, and a serious health threat for which there is no safe level of exposure;9,10
• In 2006, the California Environmental Protection Agency added secondhand smoke to the
Proposition 65 list of chemicals known to the state of California to cause cancer, birth
defects, and other reproductive harm;11
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure
to secondhand smoke can occur at significant levels outdoors, as evidenced by the following:
• Levels of secondhand smoke exposure outdoors can reach levels recognized as hazardous,
depending on direction and amount of wind, number and proximity of smokers, and
enclosures like walls or roofs;12–18
• Smoking cigarettes near building entryways can increase air pollution levels by more than
two times background levels, with maximum levels reaching the “hazardous” range on the
United States EPA’s Air Quality Index;15,17 and
• To be completely free from exposure to secondhand smoke in outdoor places, a person may
have to move 20 to 29 feet away from the source of the smoke, about the width of a two-
lane road;15,19,20
WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the
following:
• Since 1964, approximately 2.5 million nonsmokers have died from health problems caused
by exposure to secondhand smoke;2
• Secondhand smoke was responsible for an estimated 34,000 heart disease-related and 7,300
lung cancer-related deaths among adult nonsmokers each year during 2005–2009 in the
United States;2
• Research indicates that exposure to secondhand smoke increases the risk of coronary heart
disease by 25% to 30% and increases the risk of stroke by 20% to 30%;2,21 and
• Secondhand smoke kills more than 400 infants every year;22
WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced
by the following:
• Research has found electronic smoking device aerosol contains at least 12 chemicals known
to the State of California to cause cancer, birth defects, or other reproductive harm,11,23,24
such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;24,25
17
• Electronic smoking device aerosol is not harmless water vapor as it contains varying
concentrations of particles and chemicals with some studies finding particle sizes and
nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;24, 26–28
• Evidence continues to build that exposure to electronic smoking device aerosol, including
secondhand exposure, has immediate impacts on the human respiratory and cardiovascular
systems, and poses a risk to human health;24,26,28–34
• Given the increasing prevalence of electronic smoking device use, especially among youth
and young adults, widespread nicotine exposure resulting in addiction and other harmful
consequences serious concerns;24,26,35,36
WHEREAS, secondhand cannabis smoke has been identified as a health hazard, as evidenced by
the following:
• The California Environmental Protection Agency includes cannabis smoke on the
Proposition 65 list of chemicals known to the state of California to cause cancer;11,37
• Cannabis smoke contains at least 33 known carcinogens;37
• In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible
levels of cannabinoids in non-smoker participants’ blood and urine, and participants
experienced minor increases in heart rate and impaired cognitive performance;38 and
• A recent systematic review of the literature concluded that secondhand exposure to
cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals
experiencing self-reported psychoactive effects;39
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public
health and can reduce medical costs; these outcomes, consistently demonstrated in peer- reviewed
research, include the following:
• Reduced prevalence of tobacco use;40,41
• Reduced secondhand smoke exposure, as measured by self-report and laboratory analysis
of biomarkers or indoor air;40–43
• Increased cessation of tobacco use;40,41
• Reduced initiation of tobacco use among young people;40
• Fewer hospitalizations from tobacco-related diseases, such as asthma and cardiovascular
disease;40,41,44 and
• An estimated annual savings rate in the U.S. of $148,000 to $409,000 (2011 U.S. dollars)
per 100,000 people in averted secondhand smoke-related healthcare costs;40
WHEREAS, smokeless tobacco and electronic smoking devices are not safe alternatives to
smoking and carry their own risks for death and disease, as evidenced by the following:
• Smokeless tobacco use can lead to nicotine addiction;2,45
• Smokeless tobacco use causes oral, esophageal, and pancreatic cancers;2,45,46
• Smokeless tobacco use is associated with increased risk for heart disease and stroke,46–48
and stillbirth and preterm delivery;49,50 and
WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as evidenced
by the following:
18
• The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs that
produce almost 2 million tons of waste paper, cellophane, foil, and glue as well as trillions
of butts littered across roadways, sidewalks, parks, and other green spaces;51,52
• Both tobacco industry and peer-reviewed research found that most smokers admit littering
their cigarette butts,53,54 for example, one study found 74.1% of smokers admitted littering
cigarette butts at least once in their life and 55.7% admitted to littering them in the past
month;54
• In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their
cigarette butts as litter;54
• Cigarette butts are perennially the most common form of litter collected during cleanup
programs worldwide,53,56 for example, in 2018, cigarette butts made up nearly 16% of all
litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items);56
• Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm
drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean;51
• Non-cigarette forms of tobacco waste, such as plastic cigar tips and little cigar wrappers,
also significantly contribute to litter;57–59
• Waste from electronic smoking devices has become a recognized and growing form of
litter.58,60,61 For example, a recent study among twelve high schools in the San Francisco
Bay Area found that electronic cigarette waste made up nearly 20% (172 of 893 items) of
all tobacco or cannabis product waste found on school property with the largest amount
(152 items) and highest percentage (39.4%) of electronic cigarette waste observed at upper
income schools;58 and
• As of August 2019, the U.S. Environmental Protection Agency recognizes nicotine-
containing electronic smoking devices as acute hazardous waste when disposed;62
WHEREAS, cigarette butts, smokeless tobacco, and electronic smoking devices pose a health
threat of poisoning to young children, as evidenced by the following:
• In 2018, American poison control centers logged nearly 13,000 cases involving exposure to
cigarettes, cigarette butts, electronic smoking devices, or other tobacco products, and of
these, more than 10,000 (79.0%) occurred in children aged 5 years and younger;63
• Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018 among
children 5 years of age and younger by American poison control centers, 50.3% involved
cigarettes, 18.4% involved electronic smoking devices, and 8.0% involved other tobacco
products;63
• The annual number of electronic cigarette exposure cases among children less than 5 years
of age reported to American poison control centers increased from 10 in 2010 to 1,835 in
2018, a 14,015% increase;64 and
• Children who ingest tobacco products can experience vomiting, nausea, lethargy, and
gagging,65 with e-liquids potentially posing a greater risk of toxicity or fatality through
either ingestion or transdermal absorption;66
WHEREAS, exemptions and loopholes, often intentionally placed in California’s smoke-free
workplace laws,67 disproportionately impact low-income communities and communities of color as
well as those who work predominantly outdoors as evidenced by the following:
19
• California Labor Code does not prohibit smoking in cabs of trucks, long-term care
facilities, outdoor places of employment, tobacco shops, private smokers’ lounges, and up
to 20 percent of hotel rooms. Employees in these areas are disproportionately individuals of
low- income and individuals of color;68
• One study in California found Hispanic/Latino workers were most likely to report
secondhand smoke exposure at work (19.5%), followed by non-Hispanic other
race(13.7%), Asian/Pacific Islander (10.5%), African American (10.4%), and Caucasian
(9.7%) workers;69 and
• In a survey of employed Bay Area young adults, 32.6% reported workplace exposure to
secondhand smoke, nearly all of whom (95.7%) reported outdoor exposure, and most of
whom worked in one of four occupational categories: construction and extraction,
transportation and material moving occupations, building and grounds cleaning and
maintenance, and food preparation and serving;70
WHEREAS, California cities and counties have the legal authority to adopt local laws that
prohibit all tobacco use indoors and outdoors in areas not already covered by state law;71
WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots as well as
within 20 feet of public (state, county, city, or community college district) buildings, among other
locations, and expressly authorizes local communities to enact additional restrictions;72–74
WHEREAS, there is broad public recognition of the dangers of secondhand smoke and support for
smoke-free air laws, as evidenced by the following:
• A 2017 survey of California adults found that an overwhelming majority agree that
secondhand smoke causes cancer and 82.1% agree that aerosol and vapor from electronic
smoking devices are harmful;75
• A 2018 survey of California adults found widespread public agreement that smoking should
not be allowed at public beaches (78%);7 and
• In a 2015 survey of California voters, 70% supported prohibiting electronic smoking device
use where smoking is prohibited;76
WHEREAS, as of January 2019, there are more than 235 California cities and counties with
outdoor secondhand smoke ordinances;7
WHEREAS, as of April 1, 2020, more than 140 local jurisdictions in California prohibit the use of
electronic smoking devices in specific locations;77
WHEREAS, as of October 2017, there are more than 210 California municipalities with local laws
restricting smoking in parks,78 64 with local laws restricting smoking at beaches,79 104 with local
laws restricting smoking in all bar patio and outdoor dining places,80 and 112 with local laws
restricting smoking at outdoor public transit waiting areas;81
WHEREAS, there is no Constitutional right to smoke or use tobacco or nicotine products;82 and
NOW THEREFORE, it is the intent of the [ City Council/Board of Supervisors ], in enacting this
ordinance, to provide for the public health, safety, and welfare by discouraging the inherently
dangerous behavior of smoking, tobacco, and nicotine use around non-tobacco and non-nicotine
users, especially children; by protecting the public from exposure to secondhand smoke where they
live, work, and play; by reducing the potential for children to wrongly associate of smoking,
tobacco, and nicotine use with a healthy lifestyle; and by affirming and promoting a healthy
environment in the [ city/county ].
20
References
1. World Health Organization. WHO Report on the Global Tobacco Epidemic, 2019: Offer Help
to Quit Tobacco Use. Geneva: World Health Organization. 2019. Available at:
https://apps.who.int/iris/handle/10665/326043.
2. U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50
Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention, National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf.
3. Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco
Control Programs — 2014. U.S. Department of Health and Human Services, Centers for
Disease Control and Prevention, National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health. 2014. Available at: https://www.cdc.gov/
tobacco/stateandcommunity/best_practices/pdfs/2014/comprehensive.pdf.
4. Campaign for Tobacco-Free Kids. The Toll of Tobacco in California.
https://www.tobaccofreekids.org/problem/toll-us/ california. Accessed June 15, 2020.
5. Lortet-Tieulent J, Sauer AG, Siegel RL, et al. State-level cancer mortality attributable to
cigarette smoking in the United States. JAMA Intern Med. 2016;176(12):1792–1798.
doi:10.1001/jamainternmed.2016.6530.
6. U.S. National Cancer Institute. A Socioecological Approach to Addressing Tobacco-Related
Health Disparities. National Cancer Institute Tobacco Control Monograph 22. NIH Publication
No. 17-CA-8035A. Bethesda, MD: U.S. Department of Health and Human Services, National
Institutes of Health, National Cancer Institute. 2017. Available at: https://can-
cercontrol.cancer.gov/brp/tcrb/monographs/22/index.html.
7. California Tobacco Control Program, California Department of Public Health. California
Tobacco Facts and Figures 2019. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Librar
y/Re- searchandEvaluation/FactsandFigures/CATobaccoFactsandFigures2019.pdf. Accessed
June 17, 2020.
8. U.S. Department of Health and Human Services. The Health Consequences of Involuntary
Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA: U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention, National Center
for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2006.
Available at: www.cdc.gov/tobacco/data_statistics/sgr/2006/index.htm.
9. Air Resources Board, California Environmental Protection Agency. Frequently Asked
Questions — Environmental Tobacco Smoke. Available at:
www.arb.ca.gov/toxics/ets/factsheetets.pdf. Accessed June 17, 2020.
10. California Identifies Secondhand Smoke as a “Toxic Air Contaminant” [press release]. January
26, 2006. Available at: www.arb.ca.gov/newsrel/nr012606.htm. Accessed June 17, 2020.
11. Office of Environmental Health Hazard Assessment, California Environmental Protection
Agency. The Proposition 65 List. https://oehha.ca.gov/proposition-65/proposition-65-list.
Accessed June 17, 2020.
12. Air Resources Board, Office of Environmental Health Hazard Assessment, California
Environmental Protection Agen- cy. Technical Support Document for the Proposed
21
Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant: Appendix III.
2005. Available at https://ww3.arb.ca.gov/regact/ets2006/app3exe.pdf. Accessed November 30,
2020.
13. Sureda X, Fernández E, López MJ, Nebot M. Secondhand Tobacco Smoke Exposure in Open
and Semi-Open Settings: A Systematic Review. Environ Health Perspect. 2013;121(7):766-
773. doi:10.1289/ehp.1205806
14. Licht AS, Hyland A, Travers MJ, Chapman S. Secondhand Smoke Exposure Levels in Outdoor
Hospitality Venues: A Qualitative and Quantitative Review of the Research Literature. Tob
Control. 2013;22(3):172-179. doi:10.1136/tobacco- control-2012-050493.
15. Klepeis NE, Ott WR, Switzer P. Real-time measurement of outdoor tobacco smoke particles. J
Air Waste Manag Assoc. 2007;57(5):522–534. doi:10.3155/1047-3289.57.5.522.
16. Sureda X, Bilal U, Fernandez E, et al. Second-hand Smoke Exposure in Outdoor Hospitality
Venues: Smoking Visibility and Assessment of Airborne Markers. Environ Res. 2018;165:220-
227. doi: 10.1016/j.envres.2018.04.024.
17. Kaplan B, Carkoglu A, Ergor G, et al. Evaluation of Secondhand Smoke Using PM2.5 and
Observations in a Random Stratified Sample in Hospitality Venues From 12 Cities. Int J
Environ Res Public Health. 2019;16(8):1381. doi: 10.3390/ ijerph16081381.
18. Zhang M, Garcia AD, Zamora M, Anderson IA, Jativa DF. Exposure to Secondhand Tobacco
Smoke at Airport Terminals. J Environ Public Health. 2019;2019:9648761. doi:
10.1155/2019/9648761.
19. Repace J. Benefits of Smokefree Regulations in Outdoor Settings: Beaches, Golf Courses,
Parks, Patios, and in Motor Vehi- cles. William Mitchell Law Rev. 2008;34(4):1621–1638.
Available at: https://open.mitchellhamline.edu/wmlr/vol34/iss4/15/.
20. Hwang J, Lee K. Determination of Outdoor Tobacco Smoke Exposure by Distance from a
Smoking Source. Nicotine Tob Res. 2014;16(4):478-484. doi:10.1093/ntr/ntt178.
21. DiGiacomo SI, Jazayeri MA, Barua RS, Ambrose JA. Environmental Tobacco Smoke and
Cardiovascular Disease. Int J Environ Res Public Health. 2018;16(1):96. doi:
10.3390/ijerph16010096.
22. Centers for Disease Control and Prevention (CDC). CDC Vital Signs—Secondhand Smoke: An
Unequal Danger. February 2015. Available at: www.cdc.gov/vitalsigns/pdf/2015-02-
vitalsigns.pdf. Accessed June 11, 2020.
23. California Tobacco Control Program, California Department of Public Health. State Health
Officer’s Report on E-Cigarettes: A Community Health Threat. Sacramento, CA. 2015.
Available at: www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/
CDPH%20Document%20Library/Policy/ElectronicSmokingDevices/StateHealthEcigReport.pd
f.
24. National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of
E-Cigarettes. 2018. Washing- ton, DC: The National Academies Press. Available at:
https://www.nap.edu/catalog/24952/public-health-consequenc- es-of-e-cigarettes.
25. Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic
Cigarette Liquids and Aerosols. Int J Environ Res Public Health. 2020;17(6):2146. doi:
10.3390/ijerph17062146.
26. U.S. Department of Health and Human Services. E-Cigarette Use Among Youth and Young
Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human
22
Services, Centers for Disease Control and Prevention, National Center for Chronic Disease
Prevention and Health Promotion, Office on Smoking and Health. 2016. Available at:
https://www-ncbi-nlm-nih
gov.ezp1.lib.umn.edu/books/NBK538680/pdf/Bookshelf_NBK538680.pdf.
27. Romberg AR, Miller Lo EJ, Cuccia AF, et al. Patterns of nicotine concentrations in electronic
cigarettes sold in the United States, 2013-2018. Drug Alcohol Depend. 2019:201:1-7. doi:
10.1016/j.drugalcdep.2019.05.029.
28. Cao DJ, Aldy K, Hsu S, et al. Review of Health Consequences of Electronic Cigarettes and the
Outbreak of Electronic Cigarette, or Vaping, Product Use-Associated Lung Injury. J Med
Toxicol. 2020 Apr 16. Doi: 10.1007/s13181-020-00772-w.
29. Staudt MR, Salit J, Kaner RJ, Hollmann C, Crystal RG. Altered lung biology of healthy never
smokers following acute inhalation of E-cigarettes. Respiratory Research. 2018;19:78.
doi:10.1186/s12931-018-0778-z.
30. Tzortzi A, Teloniatis SI, Matiampa G. et al. Passive exposure to e-cigarette emissions:
Immediate respiratory effects. Tob. Prev. Cessation. 2018;4(May):18.
doi.org/10.18332/tpc/89977.
31. Shields PG, Berman M, Brasky TM, et al. A Review of Pulmonary Toxicity of Electronic
Cigarettes in the Context of Smok- ing: A Focus on Inflammation. Cancer Epidemiol
Biomarkers Prev. 2017;26(8):1175-1191. doi:10.1158/1055-9965.EPI-17-0358.
32. Visser WF, Klerx WN, Cremers HWJM, et al. The Health Risks of Electronic Cigarette Use to
Bystanders. Int J Environ Res Public Health. 2019;16(9):1525. doi: 10.3390/ijerph16091525.
33. Bayly JE, Bernat D, Porter L, Choi K. Secondhand Exposure to Aerosols from Electronic
Nicotine Delivery Systems and Asthma Exacerbations Among Youth With Asthma. Chest.
2019;155(1)88-93. doi: 10.1016/j.chest.2018.10.005.
34. Tzortzi A, Teloniatis S, Matiampa G, et al. Passive Exposure of Non-Smokers to E-Cigarette
Aerosols: Sensory Irrita- tion, Timing and Association With Volatile Organic Compounds.
Environ Res. 2020;182:108963. doi: 10.1016/j.en- vres.2019.108963.
35. Cullen KA, Ambrose BK, Genztke AS, et al. Notes from the field: use of electronic cigarettes
and any tobacco product among middle and high school students — United States, 2011–2018.
MMWR Morb Mortal Wkly Rep. 2018;67(45):1276- 1277. doi: 10.15585/mmwr.mm6745a5.
36. Lin C, Baiocchi M, Halpern-Felsher B. Longitudinal trends in e-cigarette devices used by
Californian youth, 2014–2018. Addict Behav. 2020;108:106459. doi:
10.1016/j.addbeh.2020.106459.
37. California Environmental Protection Agency. Evidence on the Carcinogenicity of Cannabis
Smoke. Sacramento, CA: California Environmental Protection Agency, Office of
Environmental Health Hazard Assessment, Reproductive and Cancer Haz- ard Branch. 2009.
Available at: https://oehha.ca.gov/media/downloads/proposition-
65/chemicals/finalmjsmokehid.pdf.
38. Herrmann, ES, Cone, EJ, Mitchell, JM, et al. Non-Smoker Exposure to Secondhand Cannabis
Smoke II: Effect of Room Ventilation on the Physiological, Subjective, and
Behavioral/Cognitive Effects. Drug Alcohol Depend. 2015;151:194–202. doi:
10.1016/j.drugalcdep.2015.03.019.
23
39. Holitzki H, Dowsett LE, Spackman E, Noseworthy T, Clement F. Health effects of exposure to
second- and third-hand marijuana smoke: a systematic review. CMAJ Open. 2017;5(4):E814-
E822. doi:10.9778/cmajo.20170112.
40. Community Preventive Services Task Force. Tobacco Use and Secondhand Smoke Exposure:
Smoke-Free Policies. 2012. Available at:
https://www.thecommunityguide.org/findings/tobacco-use-and-secondhand-smoke-expo- sure-
smoke-free-policies.
41. Young W, Karp S, Bialick P, et al. Health, Secondhand Smoke Exposure, and Smoking
Behavior Impacts of No-Smoking Policies in Public Housing, Colorado, 2014-2015. Prev
Chronic Dis. 2016;13:E148. doi: 10.5888/pcd13.160008.
42. Hollar TL, Cook N, Quinn D, Phillips T, DeLucca M. Smoke-free multiunit housing policies
show promise in reduc- ing secondhand smoke exposure among racially and ethnically diverse,
low-income seniors. J Immigr Minor Health. 2017;19(6):1281–1289. doi.org/10.1007/s10903-
016-0430-2.
43. Sureda X, Martinez-Sanchez JM, Fu M, et al. Impact of the Spanish Smoke-Free Legislation on
Adult, Non-Smoker Exposure to Secondhand Smoke: Cross-Sectional Surveys Before (2004)
and After (2012) Legislation. PLoS One. 2014;9(2):e89430. doi:
10.1371/journal.pone.0089430.
44. Mayne SL, Widome R, Carroll AJ, et al. Longitudinal Associations of Smoke-Free Policies and
Incident Cardiovascular Disease: CARDIA Study. Circulation. 2018;138(6):557-566. doi:
10.1161/CIRCULATIONAHA.117.032302.
45. World Health Organization. IARC Monographs on the Evaluation of Carcinogenic Risks to
Humans. Volume 89: Smokeless Tobacco and Some Tobacco-Specific N-Nitrosamines. Lyon
(France): World Health Organization, International Agency for Research on Cancer. 2007.
Available at: https://publications.iarc.fr/107.
46. Inoue-Choi M, Shiels MS, McNeel TS, et al. Contemporary Associations of Exclusive
Cigarette, Cigar, Pipe, and Smoke- less Tobacco Use With Overall and Cause-Specific
Mortality in the United States. JNCI Cancer Spectr. 2019;3(3):pkz036. doi:
10.1093/jncics/pkz036.
47. Arefalk G, Hambraeus K, Lind L, Michaëlsson K, Lindahl B, Sundström J. Discontinuation of
smokeless tobacco and mortality risk after myocardial infarction. Circulation.
2014;130(4):325–32.
48. Rostron BL, Chang JT, Anic GM, et al. Smokeless Tobacco Use and Circulatory Disease Risk:
A Systematic Review and Meta-Analysis. Open Heart. 2018;5(2):e000846. doi:
10.1136/openhrt-2018-000846.
49. Baba S, Wikström A-K, Stephansson O, Cnattingius S. Influence of snuff and smoking habits
in early pregnancy on risks for stillbirth and early neonatal mortality. Nicotine Tob Res.
2014;16(1):78–83. doi:10.1093/ntr/ntt117.
50. Gould GS, Havard A, Lim L, The Psanz Smoking in Pregnancy Expert Group, Kumar R.
Exposure to Tobacco, Environ- mental Tobacco Smoke and Nicotine in Pregnancy: A
Pragmatic Overview of Reviews of Maternal and Child Outcomes, Effectiveness of
Interventions and Barriers and Facilitators to Quitting. Int J Environ Res Public Health.
2020;17(6):2034. doi: 10.3390/ijerph17062034.
24
51. Novotny TE, Lum K, Smith E, Wang V, Barens R. Cigarettes Butts and the Case for an
Environmental Policy on Hazard- ous Cigarette Waste. Int J Environ Res Public Health.
2009;6(5):1691-1705. doi: 10.3390/ijerph6051691.
52. Novotny TE, Aguinaga Bialous S, Burt L, et al. The environmental and health impacts of
tobacco agriculture, cigarette manufacture and consumption. Bull World Health Organ.
2015;93(12):877-880. doi: 10.2471/BLT.15.152744.
53. Smith EA, Novotny TE. Whose Butt Is It? Tobacco Industry Research About Smokers and
Cigarette Butt Waste. Tob Con- trol. 2011;20(Suppl 1):i2-9. doi: 10.1136/tc.2010.040105.
54. Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette litter: Smokers’
attitudes and behaviors. Int J Environ Res Public Health. 2012;9(6):2189–203.
doi:10.3390/ijerph9062189.
55. Schultz PW, Bator RJ, Large LB, Bruni CM, Tabanico JJ. Littering in Context: Personal and
Environmental Predictors of Littering Behavior. Environ Behav. 2013;45(1):35-39. doi:
10.1177/0013916511412179.
56. Ocean Conservancy, International Coastal Cleanup. The Beach and Beyond — 2019 Report.
Washington, DC: Ocean Con- servancy. 2019. Available at: https://oceanconservancy.org/wp-
content/uploads/2019/09/Final-2019-ICC-Report.pdf.
57. Hardy SD, Bartolotta J. Plastic cigar tips debris: Exploring use and disposal issues for Lake
Erie beaches. Marine Pollut Bull. 2018;137:262-266. doi: 10.1016/j.marpolbul.2018.10.020.
58. Mock J, Hendlin YH. Notes From the Field: Environmental Contamination From E-cigarette,
Cigarette, Cigar, and Cannabis Products at 12 High Schools — San Francisco Bay Area, 2018-
2019. MMWR Morb Mortal Wkly Rep. 2019;68(40):897-899. doi:
10.15585/mmwr.mm6840a4.
59. Public Health Law Center. Commercial Tobacco, Health, and the Environment. Saint Paul,
MN: Public Health Law Center, Mitchell Hamline School of Law. 2019. Available at:
https://publichealthlawcenter.org/sites/default/files/resources/ Commerical-Tobacco-Health-
and-the-Environment.pdf.
60. Hendlin YH. Alert: Public Health Implications of Electronic Cigarette Waste. Am J Public
Health. 2018;108(11):1489- 1490. doi: 10.2105/AJPH.2018.304699.
61. Public Health Law Center. Disposing of E-Cigarette Waste: FAQ for Schools and Others. Saint
Paul, MN: Public Health Law Center, Mitchell Hamline School of Law. 2019. Available at:
https://www.publichealthlawcenter.org/sites/default/files/ resources/Disposing%20of%20E-
Cigarette%20Waste%20Publication-FINAL.pdf.
62. Resource Conservation and Recovery Act; EPA Management Standards for Hazardous Waste
Pharmaceuticals and Amendment to the P075 Listing for Nicotine, 84 Fed. Reg. § 5816
(August 21, 2019) (to be codified at 40 C.F.R. pt. 266(p)).
63. Gummin DD, Mowry JB, Spyker DA, et al. 2018 Annual Report of the American Association
of Poison Control Centers’ National Poison Data System (NPDS): 36th Annual Report. Clin
Toxicol. 2019;57(12):1220-1413. doi: 10.1080/15563650.2019.1677022.
64. Wang B, Liu S, Peroskie A. Poisoning Exposure Cases Involving E-Cigarettes and E-Liquid in
the United States, 2010- 2018. Clin Toxicol. 2020;58(6):488-494. doi:
10.1080/15563650.2019.
25
65. Lewander W, Wine H, Carnevale R, et al. Ingestion of cigarettes and cigarette butts by children
— Rhode Island, Jan- uary 1994–July 1996. Morb Mortal Wkly Rep. 1997;46(6):125–128.
Available at: https://www.cdc.gov/mmwr/preview/ mmwrhtml/00046181.htm.
66. Chang JT, Rostron BL. Electronic Nicotine Delivery System (ENDS) Liquid Nicotine
Exposure in Young Children Present- ing to US Emergency Departments, 2018. Inj Epidemiol.
2019;6:43. doi: 10.1186/s40621-019-0219-6.
67. Cal. Lab. Code § 6404.5.
68. ChangeLab Solutions. Left Behind in the Smoke: How Exemptions in California’s Smokefree
Workplace Act Affect Health Inequities. Oakland, CA: ChangeLab Solutions. 2019. Available
at: https://www.changelabsolutions.org/sites/default/ files/2019-
06/LeftBehindInTheSmoke_FINAL_20190626.pdf.
69. Max W, Sung H-Y, Shi Y. Exposure to Secondhand Smoke at Home and at Work in California.
Public Health Reports. 2012;127(1):81-88. doi:10.1177/003335491212700109.
70. Holmes LM, Ling PM. Workplace secondhand smoke exposure: a lingering hazard for young
adults in California. Tobacco Control. 2017;26(e1):e79-e84. doi:10.1136/tobaccocontrol-2016-
052921.
71. Cal. Lab. Code § 6404.5(h).
72. Cal. Health & Safety Code § 104495.73
73. Cal. Gov. Code §§ 7596, 7598.
74. Cal. Ed. Code § 89031.
75. California Tobacco Control Program. California Tobacco Facts and Figures 2018. Sacramento,
CA: California Department of Public Health. 2018. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Docu-
ment%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsFigures2018.pdf.
76. Unger JB, Barker D, Baezconde-Garbanati L, Soto, DW, Sussman, S. Support for electronic
cigarette regulations among California voters. Tob Control. 2017;26(3):334–337.
doi:10.1136/tobaccocontrol-2016-052918.
77. Americans for Nonsmokers’ Rights Foundation. States and Municipalities with Laws
Regulating Use of Electronic Cigarettes.
78. Americans for Nonsmokers’ Rights Foundation. Municipalities with Smokefree Park Laws.
Available at: https://no-smoke. org/wp-content/uploads/pdf/SmokefreeParks.pdf. Accessed
June 11, 2020.
79. Americans for Nonsmokers’ Rights Foundation. Municipalities with Smokefree Beach Laws.
Available at: https://no-smoke. org/wp-content/uploads/pdf/SmokefreeBeaches.pdf. Accessed
June 11, 2020.
80. Americans for Nonsmokers’ Rights Foundation. Municipalities with Smokefree Outdoor
Dining and Bar Patio Laws. Available at: https://no-smoke.org/wp-
content/uploads/pdf/SmokefreeOutdoorDining.pdf. Accessed June 11, 2020.
81. Americans for Nonsmokers’ Rights Foundation. Municipalities with Smokefree Outdoor Public
Transit Waiting Area Laws. Available at: https://no-smoke.org/wp-
content/uploads/pdf/SmokefreeTransitStops.pdf. Accessed June 11, 2020.
82. Public Health Law Center. There Is No Constitutional Right to Smoke or Toke. Saint Paul,
MN: Public Health Law Center. 2019. Available at:
26
https://publichealthlawcenter.org/sites/default/files/resources/No-Constitution- al-Right-
Smoke-Toke-2019.pdf.
55575.18145\40675184.1