Ordinance 3202CITY OF ALAMEDA ORDINANCE NO. 3202
New Series
AMENDING SECTIONS 24-11 (SMOKING PROHIBITIONS IN PLACES OF
EMPLOYMENT AND UNENCLOSED PUBLIC PLACES) AND 24-12 (SMOKING
PROHIBITIONS IN HOUSING) OF ALAMEDA MUNICIPAL CODE
WHEREAS, the City of Alameda's smoking regulations in Chapters 24-11 and 24-
12 of the Alameda Municipal Code have not been updated since 2011; and
WHEREAS, the state laws, including the Adult Use of Marijuana Act (AUMA) and
Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) have been
enacted since the City's adoption of Chapters 24-11 and 24-12 to decriminalize the use
and possession of Cannabis; and
WHEREAS, the City Council desires to update Chapters 24-11 and 24-12 of the
Alameda Municipal Code so that it is consistent with state law and to regulate, in addition
to tobacco products, electronic smoking devices and the smoking of Cannabis or
Cannabis Products; and
WHEREAS, state law expressly declares its intent not to preempt the field of
regulation of smoking pursuant to section 11362.79 of the Health and Safety Code, which
does not authorize a qualified patient to smoke Cannabis in a place where smoking is
prohibited by law and pursuant to section 11362.3 of the Health and Safety Code, which
does not permit any person to smoke Cannabis where smoking tobacco is prohibited; and
WHEREAS, this Ordinance is adopted pursuant to the City's police powers,
afforded by the state constitution and state law, and as recognized by the Adult Use of
Marijuana Act (AUMA) and Medicinal and Adult -Use Cannabis Regulation and Safety
Act (MAUCRSA) to protect the health, safety, and welfare of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 24-11 (SMOKING PROHIBITIONS IN PLACES OF EMPLOYMENT
AND UNENCLOSED PUBLIC PLACES) of the Alameda Municipal Code is hereby
amended to read as follows:
24-11.1 —Definitions.
Cannabis means any and all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin,
whether crude or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
"Cannabis" also means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this Section, "Cannabis" does not mean
"industrial hemp" as defined by Section 11018.5 of the Health and Safety Code."
Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, hookah, or pipe, or any other lighted or heated tobacco or Cannabis intended
for inhalation, in any manner or in any form, including what is commonly referred to as
electronic or e -cigarettes, or any device or product that delivers nicotine (or other
substances in tobacco) or Cannabis. Smoking shall also include any nicotine -containing
product, such as flavored tobacco, or any Cannabis -containing product unless in
accordance with State and local law, or any paraphernalia of any device or product that
delivers nicotine (or other substances in tobacco) or Cannabis, including cartridges,
cartomizers, e -liquid, smoke juice, tips, atomizers, electronic smoking device batteries,
electronic smoking device chargers, and any other item specifically designed for the
preparation, charging, or use of any device or product that delivers nicotine (or other
substances in tobacco) or Cannabis.
24.11.5 — Duty of Person, Employer, Business, or Non -Profit.
b. No person, employer, business, or nonprofit entity shall knowingly permit the
smoking of tebaGGe preduGts in an area which is under the legal or de facto
control of the person, employer, business, or nonprofit entity and in which
smoking is prohibited by law and the person, employer, business or nonprofit
entity is not otherwise compelled to act under state or federal law.
Section 2: Section 24-12 (SMOKING PROHIBITIONS IN HOUSING) of Chapter XXIV
(PUBLIC HEALTH) of the Alameda Municipal Code is hereby amended to read as follows:
24-12.1 —Definitions.
Cannabis means any and all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin,
whether crude or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
"Cannabis" also means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake. made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this Section, "Cannabis" does not mean
"industrial hemp" as defined by Section 11018.5 of the Health and Safety Code."
Smoking means possessing a lighted tobacco or Cannabis product or lighted tobacco or
Cannabis paraphernalia, including but not limited to, a lighted pipe, lighted hookah pipe,
lighted cigar, or lighted cigarette, including what is commonly referred to as electronic or
e -cigarettes, or any device or product that delivers nicotine or Cannabis. Smoking shall
also include any nicotine -containing product, such as flavored tobacco, or any Cannabis -
containing product unless in accordance with State and local law, or any paraphernalia
of any device or product that delivers nicotine (or other substances in tobacco) or
Cannabis, including cartridges, cartomizers, e -liquid, smoke juice, tips, atomizers,
electronic smoking device batteries, electronic smoking device chargers, and any other
item specifically designed for the preparation, charging, or use of any device or product
that delivers nicotine (or other substances in tobacco) or Cannabis.
Section 3: CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to Business and Professions Code section
26055(h) as discretionary review and approval, which shall include any applicable
environmental review pursuant to Division 13 (commencing with Section 21000) of the
Public Resources Code, shall be required in order to engage in commercial cannabis
activity within the City of Alameda under such Ordinance. Adoption of this Ordinance is
additionally exempt from CEQA pursuant to section 15061(b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this Ordinance may have a significant effect on the environment.
Section 4: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection,
paragraph, subparagraph and sentence notwithstanding the invalidity of any other
section, subsection, paragraph, subparagraph or sentence.
Section 5: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty
(30) days from the date of its final passage.
Presiding Office of the City Council
Attest:
t-A'Yn
tt�z
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 21 st day of November, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 22nd day of November, 2017.
Lara Weisiger, City CI rk
City of Alameda
Approved as to form:
Janet ern, City Attorney
City Alameda