Big Bear Lake Municipal Code Ch. 12.91 Smoking Prohibited in Certain Public Areas

Because smoking is a confirmed danger to the health of persons who smoke and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are in proximity to persons who smoke, and in order to serve the public health, safety and welfare, the declared purpose of this chapter is to prohibit smoking in certain areas which are used by or open to the public and to protect non-smokers from the harmful effects of secondhand smoke. State law prohibits smoking in enclosed places of employment. In all cases of conflict between this chapter and any State law, the applicable state law provision shall prevail.

(Ord. No. 2021-492, § 2, 5-3-2021)

For purposes of this chapter, the following definitions apply:

"Beach" shall mean any beach, shore, strand, or area of sand adjacent to Big Bear Lake within the city, and owned or controlled by the city, or any other government entity.

"City" means the city of Big Bear Lake, California.

"Park" means all grounds, buildings, improvements, and areas dedicated to use by the public for park, recreation, or open space purposes owned or operated by the city or over which the city has acquired right of use for such purposes. The term "Park" includes sidewalks, trails, and pathways in or around park facilities, park strips, and other grounds of any park.

"Public building" means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district. This definition includes common areas such as lobbies, lounges, waiting areas, elevators (unless in a private residence), stairwells, and restrooms that are a structural part of a multicomplex building.

"Public property" means any publicly owned property in the city, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned drainage canals or other water ways; public sidewalks, curbs, and gutters; or a public building. "Public property" includes (i) properties leased or owned by the Big Valley Unified School District and (ii) Meadow Park, but only to the extent that the application of this Chapter does not conflict with any rule, regulation, or ordinance of the Bear Valley Park and Recreation District.

"Recreational facility" means all grounds, buildings, improvements, and areas dedicated to common use by the public for recreational activities owned or operated by the city or over which the city has acquired right of use for such purposes. The term "recreational facility" includes swimming pools, tennis courts, basketball courts, athletic fields and similar accommodations.

"Service area" means any place where people use or wait for services provided by a government entity, including but not limited to waiting areas for public transportation.

"Smoke" or "smoking" means 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.

(Ord. No. 2021-492, § 2, 5-3-2021)

It shall be unlawful to smoke in the following places:

A. Any public beach;

B. Inside or within twenty-five (25) feet of any public park or public recreational facility;

C. On public property;

D. Any outdoor area of a public building located more than twenty (20) feet from the building's main exit, entrance, or operable window and a sign describing the prohibition is conspicuously posted in said area; and

E. Any outdoor public service area.

(Ord. No. 2021-492, § 2, 5-3-2021)

No person shall dispose of any cigarette, cigar, tobacco, smoking or similar product, or any part of a cigarette, cigar, tobacco, smoking or similar product, except in a waste disposal container.

(Ord. No. 2021-492, § 2, 5-3-2021)

In addition to any other criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this Chapter are subject to the administrative penalty provisions of Chapter 1.17.

(Ord. No. 2021-492, § 2, 5-3-2021)