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Preventing Cigarette Litter – It’s the Law!

In Long Beach, trash generated at business establishments is the responsibility of the owners and operators of those establishments.  This is codified in Long Beach City Code Chapter 8.60, which governs provisions on solid waste, recycling and litter prevention.  The issue of cigarette waste is described in Section 8.60.270:

8.60.270 - Provision of waste receptacles for public use.

B. The owner or operator of each of the following establishments shall provide and empty a tobacco waste receptacle, such as a cigarette urn or ash tray, in each area of his or her establishment where smoking is lawfully permitted:

  1. Any retail establishment which sells tobacco products, or alcoholic beverages for   consumption on the premises
  2. Any place of employment, in any area of the establishment where smoking is permitted.

C. Each such receptacle provided under this Section shall be of sufficient capacity, as defined in this Chapter, and both the receptacle and the area surrounding it shall be maintained in a sanitary manner.

Additionally, Long Beach City Code requires property owners and occupants to maintain public sidewalks and alleys adjacent to their property, and ensure these areas are free of litter and rubbish, as described in section 8.60.260:

8.60.260 - Maintenance of clean sidewalks and alleys.

The occupant or tenant, or in the absence of an occupant or tenant, the property owner, lessee, or proprietor of any real property in this City which is adjacent to a paved public sidewalk or a paved alley shall cause the sidewalk or alley to be swept or otherwise cleaned each day, Sundays and legal holidays excepted, if necessary to keep and maintain the public sidewalk or alley free of dirt, paper, litter or rubbish of any kind. The sweepings and debris from the sidewalk or alley shall be caused to be disposed of by the person responsible for the cleanliness of the sidewalk or alley, but such sweepings and debris shall not be swept or otherwise caused or allowed to be disposed of in the street or gutter. If the property owner or occupant fails to maintain the public sidewalk or alley free of waste of any kind, the Director of Public Works may, for public health and safety reasons, cause the sidewalk or alley adjacent to real property to be cleaned and assess a fee to the property owner pursuant to Sections 8.60.190 and 8.60.200 of the Municipal Code.  

There are also several statewide provisions governing smoking in places of business in California.  This includes AB 13 (1994), which prohibits smoking in all enclosed workplaces, including restaurants and bars.  This is codified in Section 6404.5 of California Labor Code.  Additionally, AB 846 (2003) prohibits smoking within 20 feet of an entrance or operable window of a public building owned or leased and occupied by the State, a county, a city or a California Community College district.