Chapter 32. Smoking In Public Buildings of California Government Code >> Division 7. >> Title 1. >> Chapter 32.
As used in this chapter, the following terms have the
following meanings:
(a) "Public building" means a building owned and occupied, or
leased and occupied, by the state, a county, a city, a city and
county, or a California community college district.
(1) "Inside a public building" includes all indoor areas of the
building, except for covered parking lots and residential space.
"Inside a public building" also includes any indoor space leased to
the state, county, or city, except for covered parking lots and
residential space.
(2) "Residential space" means a private living area, but it does
not include common areas such as lobbies, lounges, waiting areas,
elevators, stairwells, and restrooms that are a structural part of a
multicomplex building such as a dormitory.
(3) (A) "Covered parking lot" means an area designated for the
parking of vehicles that is enclosed or contains a roof or ceiling.
"Covered parking lot" does not include lobbies, lounges, waiting
areas, elevators, stairwells, and restrooms that are a structural
part of the parking lot or a building to which it is attached.
(B) The application of this subparagraph shall not supersede or
render inapplicable permitted smoking of tobacco products under this
chapter within any other part of a covered parking lot not
specifically listed in subparagraph (1).
(b) "State" or "state agency" means a state agency, as defined
pursuant to Section 11000, the Legislature, the Supreme Court and the
courts of appeal, and each campus of the California State University
and the University of California.
(c) "Public employee" means an employee of a state agency or an
employee of a county or city.
(a) No public employee or member of the public shall smoke
any tobacco product inside a public building, or in an outdoor area
within 20 feet of a main exit, entrance, or operable window of a
public building, or in a passenger vehicle, as defined by Section 465
of the Vehicle Code, owned by the state.
(b) This section shall not preempt the authority of any county,
city, city and county, California Community College campus, campus of
the California State University, or campus of the University of
California to adopt and enforce additional smoking and tobacco
control ordinances, regulations, or policies that are more
restrictive than the applicable standards required by this chapter.
(a) The governing bodies of the California State
University, the University of California, and each community college
district have the authority to:
(1) Set enforcement standards for their local campuses.
(2) Impose a fine for a first, second, and third offense and for
each subsequent offense. The amount of fines is to be determined by
the local governing body. Funds shall be allocated to include, but
not be limited to, the designated enforcement agency, education and
promotion of the policy, and tobacco cessation treatment options. The
civil penalty shall not exceed one hundred dollars ($100).
(b) If a campus adopts the enforcement and fine measures in
subdivision (a), it shall, and the campuses of the University of
California may, post signs stating their tobacco use policy on
campus, as follows:
(1) The locations at which smoking or tobacco use is prohibited on
campus.
(2) The locations at which smoking or tobacco use is permitted on
campus.
(c) If a campus adopts the enforcement and fine measure in
subdivision (a), it shall, and a campus of the University of
California may, inform employees and students of the tobacco use
policy and enforcement measures employed on their campus.
Except as provided in Section 7597, a public employee or
other person may smoke in any outdoor area of a public building
unless otherwise prohibited by state law or local ordinance and a
sign describing the prohibition is posted by the state, county, or
city agency or other appropriate entity.