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June 2009
Smokefree Outdoor Areas Ordinance Checklist
Your community has a range of policy choices to consider when designing a local ordinance regulating smoking and tobacco
use in outdoor areas. The options below are based on TALC’s Model California Ordinance Regulating Smoking in Outdoor Areas
available at www.phlpnet.org. (Note that the policy options listed below may appear in a different order in TALC’s model
ordinance.) Policy provisions that TALC considers essential already include a check mark. Contact TALC for help drafting an
ordinance based on your community’s choices.
POLICY OPTIONS
WHAT IS REGULATED
Smoking
Use of other tobacco products (e.g., smokeless tobacco)
WHERE SMOKING OR TOBACCO USE IS PROHIBITED
Outdoor:
Recreational Areas
Service Areas
Dining Areas
Places of Employment
Multi-Unit Residence Common Areas
Except for a designated “smoking area” that meets certain criteria
Other Public Places:
Only Public Places when being used for a public event
Excluding streets and sidewalks being used in their traditional capacity
Within a Reasonable Distance of [ __ feet] from any vent into an Enclosed Area where smoking is prohibited
Within a Reasonable Distance of [ __ feet] from any Unenclosed Area where smoking is prohibited
ADDITIONAL PROVISIONS
Prohibit ash cans and ashtrays from being placed within an area where smoking is not permitted
Require property owners and managers to prevent patrons and guests from illegally using tobacco
Require that No Smoking signs be posted
ENFORCEMENT PROVISIONS
Designate that the ordinance will be enforced by ______________ but also enforceable by peace officer or code
enforcement officer
Declare violations based on illegal smoking [ or tobacco use ] to be infractions with a fixed fine amount of $ _____ (cannot be
more than $100)
Declare other violations of the ordinance to be an infraction or a misdemeanor, decided at the discretion of the prosecuting
attorney
Allow the city or county to file a civil action for any violation:
Seeking monetary fine (civil fine can be up to $1,000)
Seeking injunctive relief or nuisance abatement
Declare that violation of the ordinance constitutes a nuisance
Allow private citizens to get an injunction against individuals for repeat violations of the ordinance and an injunction
against businesses for a single violation