6.16.020 Prohibition of Smoking in Public Places, Places of Employment, and Certain Other Areas.
A. Enclosed Areas. To the extent not already prohibited under federal or state law, smoking is prohibited in the following enclosed areas within the City of Larkspur:
1. Places of employment.
2. Public places.
3. Recreational areas.
4. Common areas.
B. Unenclosed Areas. To the extent not already prohibited under federal or state law, smoking is prohibited in the following unenclosed areas within the City of Larkspur:
1. Places of employment.
2. Recreational areas.
3. Service areas.
4. Outdoor dining areas.
5. Common areas; provided, 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:
a. 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 designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established;
b. 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, and school campuses;
c. The area must be no more than ten (10) percent of the total unenclosed area of the multi-unit residence for which it is designated;
d. The area must have a clearly marked perimeter;
e. The area must be identified by conspicuous signs;
f. The area must be completely within an unenclosed area; and
g. 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.
6. Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants, fairs and farmer’s markets.
7. Within twenty (20) feet of a working road or building and construction crew.
C. Smoking in any area described above, other than in a designated smoking area established pursuant to subsection (B)(5) of this section, is a violation of this chapter.
D. Unless otherwise prohibited by law, smoking is not prohibited in the following enclosed areas:
1. Smoking is not prohibited in up to twenty (20) percent of guest room accommodations in a hotel, motel, or similar transient lodging establishment if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that eighty (80) percent or more of guest rooms are permanently nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent “No Smoking” signage shall be posted in nonsmoking guest rooms.
2. Smoking at theatrical production sites is not prohibited by this section 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.
3. Smoking inside a retail tobacco store is not prohibited if:
a. The retail tobacco store does not sell edible products, including, for example, food, water, or drinks, or allow such products to be consumed on the business premises;
b. The retail tobacco store prohibits minors from entering the store at all times; and
c. The premises of the retail tobacco store is an independent freestanding building unattached to any other structure or use.
4. Smoking inside a detached, single-family home is not prohibited, except when prohibited under state or federal law.
E. Notwithstanding any other provisions of this section, nothing in this chapter prohibits any person, landlord, employer, or nonprofit entity with legal control over any property or facility from declaring the entire property or facility as nonsmoking and prohibiting smoking on any part of such property or facility, even if smoking is not otherwise prohibited in that area. (Ord. 1053 § 2, 2021; Ord. 1030 § 2(5), 2018; Ord. 978 § 1, 2011)