§ 5-8.301. Smoking Prohibited.

(a)

Except as otherwise provided, smoking shall be prohibited in all enclosed public places within the City of Modesto, including, but not limited to, the following public places:

(1)

Elevators.

(2)

Buses, taxicabs, and other means of public transit under the authority of the City of Modesto and ticket, boarding, and waiting areas of public transit depots.

(3)

Restrooms.

(4)

Service lines.

(5)

Retail stores.

(6)

All areas available to and customarily used by the general public in all business and nonprofit entities patronized by the public, including but not limited to offices (such as attorneys, doctors, and other professionals), banks, laundromats, malls, hotels and motels.

(7)

Restaurants.

(8)

Public areas of aquariums, galleries, libraries or museums when open to the public.

(9)

Any facility which is primarily used for exhibiting motion pictures, stage productions, lectures, musical recitals or other similar performances, except when smoking is part of such production.

(10)

Sports arenas and convention halls.

(11)

Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee including joint committees, or agencies of the City or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.

(12)

Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy, mental health, and drug and alcohol treatment facilities, doctors' and dentists' offices.

(13)

Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple-unit residential facilities.

(14)

Lobbies, hallways, and other common areas in multiple-unit commercial facilities.

(15)

Polling places.

(16)

Any school or educational institution operated by a business or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural skills.

(17)

Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment for facility may declare that entire establishment or facility as a nonsmoking establishment.

(b)

Except as otherwise provided, smoking shall be prohibited in the following unenclosed places within the City of Modesto:

(1)

Within one hundred (100) feet of the entrance and exit of any hospital. For purposes of this section, "hospital" shall mean a health care institution providing patient treatment with specialized medical and nursing staff and medical equipment;

(2)

Publicly owned parks and trails.

For the purpose of this section, "publicly owned" shall mean real property owned by the City of Modesto.

(Ord. 2842-C.S., § 1)

(Amended by Ord. 3639-C.S., § 1, effective 12-24-15; Ord. 3667-C.S., § 2, effective 4-7-17)