Avalon Municipal Code Ch. 6-11 Regulation of Smoking

[§ 1, Ord. 1045-06, eff. December 7, 2006; § 1, Ord. 1140-15, eff. August 6, 2015]

The following words and phrases, as used in this chapter or in any other applicable law regulating smoking, shall have the following meanings:

(a) Smoke or Smoking. The carrying or holding of a lighted pipe, cigar, cigarette, e-cigarette, vaporizer, any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance, or any other noncombustible technology used for a similar purpose. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-cigarette, vaporizer, any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance, or any other non-combustible technology used for a similar purpose.

(b) Service Area. A place where people use or wait for services provided by a government entity, such as waiting areas for public transportation.

[§ 1, Ord. 1045-06, eff. December 7, 2006]

(a) Smoking in Specific Locations. It shall be unlawful to smoke in the following places:

(1) Elevators, except those located in a privately owned residence;

(2) Any public beach along Crescent Avenue;

(3) On the Pleasure Pier, except smoking shall be permitted in the area bordered by the County of Los Angeles Lifeguard Office and the foot of the Pier;

(4) Any outdoor public service area; and

(5) Inside any public building (as that term is defined in Government Code § 7596) or within 20 feet of any entrance, exit or window of a public building.

(b) Disposal of Smoking Waste. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, except in a waste disposal container.

(c) Enforcement and Penalties.

(1) Infraction. A violation of this section is an infraction and shall be punished as follows:

(i) A fine not exceeding $25 for a first violation;

(ii) A fine not exceeding $50 for a second violation within one year;

(iii) A fine not exceeding $100 for a third violation within one year.

(2) Nonexclusive Remedies and Penalties. Punishment under this section shall not preclude punishment pursuant to Health & Safety Code § 13002, Penal Code § 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.