California's Statewide Smoke-Free Air Laws

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The state of California has a number of smoke-free laws in place that include traditional tobacco products such as cigarettes, cigars and pipes as well as electronic smoking devices. Let's have a look at these laws below, keeping in mind that local laws may be more stringent. Learn more about smoke-free air laws at www.cdph.ca.gov/Tobacco.

Child/Day Care Centers: Smoking is prohibited within all licensed day care center, including private residences licensed as family day care homes.

Farmers' Markets: Smoking is prohibited within 25 feet of farmers' markets.

Foster and Group Homes: Smoking is prohibited within and outside these homes when children are present.

Government Buildings: Smoking is prohibited in all state, county and city government buildings and within 20 feet from their main exits, entrances or operable windows and in any passenger vehicle owned by the state.

Multi-Unit Housing: Smoking is prohibited in apartment and condo indoor commons spaces (e.g. hallways, stairwells, laundry rooms and recreation rooms).

Personal Vehicles: Smoking prohibited when children under age 18 is present in a motor vehicle, whether it is moving or stopped.

Public Transportation: Smoking prohibited.

Workplaces: Smoking is prohibited in all indoor workplaces, including bars, restaurants, offices, factories and warehouses. 

Youth Buses: Smoking is prohibited by operators of youth buses at all times.

Correctional Facilities: Smoking and tobacco products are prohibited in all state correctional facilities. Tobacco products may be possessed in residential staff housing where inmates are not present.

Playgrounds and Youth Sports Events: Smoking and tobacco products are prohibited within 25 feet of playgrounds, tot lot sandboxes and children's recreational areas, as well as within 250 feet of a youth sports event (including practices, games or related activities where kids up to age 18 are present).

Schools: Smoking and tobacco products are prohibited in all school districts, charter schools and county offices of education, while students are under supervision. 

Looking to quit smoking? Find help at the California Smokers' Helpline, 1-800-NO-BUTTS or by visiting www.nobutts.org.

California Tobacco Facts and Figures 2019 from the California Department of Health

  • Adult tobacco use in California decline from 57.4% in 1988 to 10.1%, or 2.8 million adults, in 2017. The rest of the U.S. is at 17..1%.

  • There is a clear correlation between education and cigarette smoking. Just 6.7% of residents with a bachelor’s degree smoke, vs 16% for those without a high school degree.

  • Ventura and Santa Barbara Counties have a cigarette smoking rate of 9.6% in 2015-2017.

  • Youth cigarette use has dropped from 16% in 2002 to 2% in 2018, while the U.S. rate has dropped from 22.5% to 8.1%.

Ventura County Comprehensive Smoke-Free Ordinance Passed in January 2017

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At its January 10, 2017 meeting, the Ventura County Board of Supervisors passed the Ventura County Comprehensive Smoke-Free Ordinance

The ordinance prohibits smoking in the unincorporated areas of the county and at nearly all County-owned and operated buildings, campuses and properties.

In addition to the ban at County properties, the ordinance prohibits smoking in dining areas, entryways, recreation areas (except golf courses), service areas, public events and outdoor worksites.

The definition of smoking includes tobacco products, e-cigarettes and marijuana.

The Board passed the item on a 4-1 vote with Supervisor Parks casting the dissenting vote. The reason she did not vote for the ordinance is for two reasons. The ordinance allows for an exception on golf courses; and the ordinance negatively impacts psychiatric patients addicted to nicotine that are confined to a inpatient psychiatric unit.

The ordinance will become operative 180 days after its effective date.

I always am amused by the specific signage requirements for ordinances.

Section 6711 of the Ordinance specifies the posting of signs by those that have control of an area in which smoking or use of tobacco products is prohibited. The sign should indicate "No Smoking and No Vaping" or "Smoke-Free" at each entry point to the area and at least one other conspicuous sign within the area. 

"The signs will have letters of no less than one inch in height and shall include the international "No Smoking and No Vaping" symbol (consisting of a pictorial representation of a burning cigarette, marijuana leaf and e-cigarette enclosed in a red circle with a red bar across it."

The penalties for violations of this ordinance are as follows: Infraction for first offense; $50 fine for second offense within one year; $100 for third violation within one year; $200 for fourth or subsequent violation within one year. In other words, you are given one free violation per year.

Ordinance at THIS LINK.

American Lung Association's 2014 Tobacco Control Report Shows More Progress Needed

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The American Lung Association has released its 12th Annual "State of Tobacco Control" report that reviews tobacco control policies and assigns grades to U.S. and state governments based on tobacco control laws in effect as of January 2, 2014. Tobacco control laws were reviewed to assess if they adequately protect citizens from impact of tobacco use.

2014 is the 50th anniversary of the 1964 Surgeon General's report linking smoking to lung cancer and other serious diseases. Since 1965, the percentage of Americans smoking has dropped from 42.4% (52.8 million Americans) to 18% (43.2 million) in 2012, according to CDC surveys.

Today, the Surgeon General notes that smoking is still the nation’s leading cause of preventable death and disease, responsible for the deaths of close to 480,000 Americans and up to $333 billion in annual healthcare and lost productivity costs attributed to smoking.

The American Lung Association calls for all levels of government to achieve three goals:

  • Reduce smoking rate to less than 10% within 10 years
  • Protect all Americans from secondhand smoke within 5 years
  • Eliminate the death and disease caused by tobacco

The U.S. Government received the following grades in 2013:

  • FDA Regulation: D (rule not issued to assert FDA authority over all tobacco products)
  • Cessation Coverage: C (only partially covered in federal healthcare programs)
  • Cigarette Tax: D (tax rate per pack of 20 is $1.01)
  • Tobacco Treaty: D (public health treaty not submitted to Senate for ratification)

 Here are highlights of California grades and rankings:

  • Tobacco Prevention Control and Spending: California received an F, though all but four states (Hawaii, North Dakata, Wyoming and Delaware), received D or F grades in terms of spending CDC recommended amounts.
  • Smokefree Air: California received an A for having laws in place that restrict smoking. 28 states and Washington DC have passed laws prohibiting smoking in almost all public places and workplaces, including restaurants and bars.
  • Cigarette Tax: D (Tax rate per pack of 20 is 87 cents) For each 10% price increase, consumption drops by about 7% for youth and 4% for adults. The average state excise tax is $1.53. An A grade was given for taxes of $3.06 and up and an F was given for taxes under 76.5 cents per pack. States with A grades (where you will pay the most in taxes) are New York, Massachusetts, Hawaii, Rhode Island and Connecticut. There are 15 states with F grades, mostly in the southeast.
  • Cessation Coverage: California received an F in terms of providing a "quitline" and ensuring coverage of cessation programs, though all but 7 states received D or F grades.

Read more about the State of Tobacco Control 2014 report at www.stateoftobaccocontrol.org.

Moving on, the American Lung Association in California released its own report on January 22nd covering cities and counties in California in the categories of Smokefree Outdoor Air, Smokefree Housing, Reducing Sales of Tobacco Products and Overall Tobacco Control.  Some highlights:

  • Out of 540 cities and counties in California, 18 scored an overall grade of A, including Albany, Baldwin Park, Berkeley, Calabasas, Contra Costa C
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Quit Smoking with the Help of Smokefree.gov

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Smokefree.gov (http://www.smokefree.gov) provides free, accurate, evidence-based information and professional assistance to help support the immediate and long-term needs of people trying to quit smoking. The site was created by the Tobacco Control Research Branch of the National Cancer Institute.

Smokefree.gov has a variety of resources to help you stop smoking, including a step-by-step quit smoking guide, a wide range of information sources related to smoking and quitting, free text messaging and mobile app services and much more.

National Cancer Institute smoking cessation counselors are available to answer smoking-related questions in English or Spanish, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time. Call 1-877-44U-QUIT (1-877-448-7848) to learn more.

There are also state-based tobacco cessation "quitlines" available by calling 1-800-QUIT-NOW (1-800-784-8669). Quitlines are staffed by counselors trained specifically to help smokers quit and the service is completely free.

An interesting interactive map of smoking trends by state is at www.smokefree.gov/map.aspx. Based on data from the 2009-2010 timeframe, the map shows smoking rates, average pack prices, work bans, restaurant bans and other information by state. We're doing pretty well here in California! Based on 2009 data, California had the 2nd lowest adult smoking rate in the U.S. at 12.8%, Utah was by far the lowest at 9.8%. rounding out the "Low 5" were Massachusetts (14.9%), Washington (14.9%) and Rhode Island (15%).

The national average in 2009 was 20.6%. The Top 5 smoking states were Kentucky (25.6%), West Virginia (25.5%), Oklahoma (25.4%), Mississippi (23.3%) and Indiana (23.1%).

New Thousand Oaks Smoking Ordinance - Effective 8/8/08

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The following information regarding the new City of Thousand Oaks Smoking Prohibition Ordinance is taken directly from the City of Thousand Oaks website.  The Ordinance, adopted by the City Council last month, becomes effective on August 8, 2008 and will effect smokers in Thousand Oaks, Newbury Park and the Ventura County side of Westlake Village.

Smoking Ordinance:

The Thousand Oaks City Council has adopted a new ordinance which
prohibits smoking in outdoor gathering places. The ordinance will take
effect on Friday, August 8, 2008 and specifically prohibits smoking in
the following places:

  • Any playground and within 25 feet thereof;
  • Any public gardens;
  • Any outdoor service area (ex: ATM or theatre ticket line);
  • The grounds of the Thousand Oaks Civic Arts Plaza, except in any
    designated smoking area;
  • Any outdoor dining area (with limited permitted exemptions);
  • The grounds of any public library;
  • Any common area at a shopping center.
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