Secondhand Smoke Control Ordinance
Frequently Asked Questions for
Property Owners and Businesses

When does the secondhand smoke control ordinance take effect?
The ordinance became effective on May 12, 2007.

Why was this ordinance adopted?
The Burbank City Council adopted the secondhand smoke control ordinance with the goal of limiting exposure by Burbank residents, workers, and visitors to secondhand smoke due to its documented negative health effects and the irritation and annoyance that it can cause.

Where is smoking prohibited?
Smoking is prohibited at various locations throughout the City. Please see the summary table for more information.

Do I have to post any signs?
Yes. Business and property owners are responsible for posting signs in the following locations:

• Every building that is open to the public must have at least one sign at every entrance stating the smoking is prohibited within 20 feet.
• Every outdoor dining area must have one or more signs stating that smoking is prohibited.
• Every outdoor shopping center and outdoor shopping area must have one or more signs stating the smoking is prohibited.

How do I know where to place the signs? What size do they have to be and what should they look like?
Approved sign designs and placement guidelines are available here.

Where do I get the signs?
Electronic files of approved sign designs are available here in Adobe Acrobat pdf format. The files can be taken to any sign or printing shop, which will be able to make the signs per City specifications.

When do the signs required by the ordinance have to be posted?
The ordinance requires all signs to be posted within 30 days after the ordinance takes effect, or by June 11, 2007.  Any property or business that is not displaying the required signs is in violation of the law.

Does this ordinance replace the state workplace smoking law?
No. The state workplace smoking law prohibits smoking in indoor locations at places of employment. The intent of the law is to protect employees from exposure to secondhand smoke. Burbank’s secondhand smoke control ordinance supplements the existing state law by prohibiting smoking in certain additional locations. The intent of the law is to protect Burbank residents, workers, and visitors from being exposed to secondhand smoke in locations not already covered under state law.

Do I have to enforce the ordinance myself?
Property owners and businesses are responsible for ensuring compliance with the law in areas under their control. If someone is smoking in a location under your control where smoking is prohibited under the ordinance, you must take appropriate steps to achieve compliance with the ordinance. Please see the next question.

What should I do if someone is smoking in my business or on my property?
As a property owner or business, you are responsible for taking necessary steps to ensure compliance with the ordinance. If you are comfortable doing so, you may approach the smoker and notify them that they are violating the law. The smoker may either leave the area or stop smoking. If the smoker refuses to stop or leave, or if you are not comfortable approaching the smoker, you may call the Burbank Police Department at (818) 238-3000 to enforce the law. Please do not call 911 to report violations of the secondhand smoke control ordinance. Please note that the Police Department is very busy handling many different types of issues throughout the City of Burbank at all hours of the day and night. Responding to your business or property to enforce the secondhand smoke control ordinance may not be a top response priority.

Can I be prosecuted if I allow people to smoke in a prohibited area?
Yes. The ordinance provides that property owners and businesses may not knowingly allow or facilitate a violation of the ordinance in an area under their control. This means that if you are aware that someone in an area under your control is smoking in violation of the law and you do not take appropriate steps to stop it, you can be prosecuted. A violation of the ordinance may be prosecuted as an infraction or a misdemeanor.

Can I designate a smoking area?
Yes. Any property owner or business may designate a smoking area in any outdoor dining area, outdoor gathering or event area, outdoor shopping area, or outdoor shopping center if they so choose. All designated smoking areas must meet the following criteria:

• The smoking area is as small as practicable given the expected number of users, but is no smaller than 50 square feet with no dimension less than 5 feet.
• The smoking area is not located within 5 feet of any entrance or exit of any building open to the public or within 5 feet of any walkway leading to an entrance or exit.
• The smoking area has one or more signs clearly designating it as a smoking area.

Designated smoking areas in outdoor dining areas must also meet the following additional criteria:

• The smoking area cannot occupy more than 40% of the total floor area of the outdoor dining area unless the City approves an area larger than 40% (see below).
• The smoking area must be separated from non-smoking areas with a physical barrier that prevents smoke from passing from the smoking area to the non-smoking area. The barrier must be at least 7 feet tall or extend up to the ceiling or covering. A ventilation system may be used in lieu of a physical barrier if it is shown to be as effective in preventing smoke from entering a non-smoking area.

Do I have to obtain City approval for a designated smoking area?
No. No City approval process is required to have a designated smoking area, except for outdoor dining areas where the smoking area exceeds 40% of the total floor area (see below). It is the responsibility of the property owner or business to ensure that a designated smoking area complies with the above criteria. However, the City Manager or their designee may require that any designated smoking area be relocated, modified, or removed if it is found not to comply with the above criteria.

How do I get permission to designate more than 40% of my outdoor dining area for smoking?
Businesses such as tobacco shops, hookah establishments, and bars may wish to have a designated smoking area that exceeds 40% of the outdoor dining area due to a larger percentage of patrons who wish to smoke.  A business may request permission for a larger smoking area by completing an application form and submitting the form along with a floor plan of the outdoor dining area to the Planning and Transportation Division office.

Who should I contact if I have questions?
For further information, please contact the Planning and Transportation Division at (818) 238-5250.