Bishop Municipal Code Ch. 8.32 Smoking

This chapter recognizes the right of the residents and visitors to the city to be free from unwelcome secondhand smoke, which is deemed to be a public nuisance. The purpose of this chapter is to promote and protect the public health, safety, and general welfare by prohibiting smoking in public places which, includes city facilities and on city property where persons will be exposed to unwelcome secondhand smoke and also the risks and dangers associated with fires. This chapter is further intended to ensure a cleaner and more hygienic environment for the city, its residents and visitors, and its natural resources.

(Code 1985, § 8.32.010; Ord. No. 470, § 1(part), 1993; Ord. No. 550, § 1A, 4-11-2016; Ord. No. 590, § 2, 8-12-2024)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. City-owned sports facilities means any area of cleared enclosed land, as well as any facilities adjacent to it, used primarily for sporting events, which is owned and/or run by the city. The term "city-owned sports facilities" includes, but is not limited to, the ball fields located on Park Street, Bruce Street and Spruce Street; and both playgrounds located in the internal portion of City Park.

B. Park shall have the same meaning as section 9.24.010.

C. Public facility means and includes:

1. Any of the following, which is owned, leased or operated by the city, a state municipal corporation, but does not include facilities used as multifamily residential buildings:

2. Any building, structure or room within a building enclosed by a roof and four walls with appropriate openings for ingress and egress.

D. Smoke or smoking means and includes any of the following:

1. The consumption of gases, particles, or vapors released into the air as a result of combustion, burning, inhalation, vaporization, or other forms of breathing in any plant or unregulated drug products, including but not limited to tobacco and cannabis, intended for human inhalation;

2. The holding or carrying of a lighted or electronically charged smoking device; or

3. Emitting or exhaling the smoke or vapor directly from a cigar, cigarette, pipe, joints, electronic cigarette or any other lighted smoking device or substance.

(Code 1985, § 8.32.020; Ord. No. 470, § 1(part), 1993; Ord. No. 550, § 1B, 4-11-2016; Ord. No. 590, § 3, 8-12-2024)

Smoking is prohibited and unlawful within all areas posted as a "no smoking" area by the city by signs of sufficient number and posted in such locations as to be readily seen by persons within such area, including, but not limited to:

A. Public facilities as defined in section 8.32.020.

B. Within any park.

C. Within 50 feet of any park perimeter, provided that if any such perimeter encroaches on private property, this section's prohibition shall not apply to the private property. This prohibition shall also not apply to persons and vehicles in route along the public streets and sidewalks.

D. Within the parking lot and enclosed fenced areas of all city-owned sports facilities, grounds or structures.

E. Within the parking lot and enclosed fenced areas of city-owned community gardens.

The prohibitions set forth in this section apply to walking or riding on a street, sidewalk, or city rights-of-way, so long as the person smoking is in or upon any of the places where smoking is prohibited by this article.

This section shall be construed broadly, to the extent authorized by law, to effectuate the purpose of providing a smoke- and drug-free environment in places where the public, and particularly children, may be exposed to unwanted and potentially harmful second-hand smoke and vapors. The restrictions set forth in the section are in addition to, and not exclusive of, any other restrictions set forth in any other state or local law or regulation.

(Code 1985, § 8.32.030; Ord. No. 470, § 1(part), 1993; Ord. No. 550, § 1C, 4-11-2016; Ord. No. 590, § 4, 8-12-2024)

"No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter.

(Code 1985, § 8.32.040; Ord. No. 470, § 1(part), 1993)

A. It is unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

B. Any person who violates any provisions of this chapter shall be guilty of an infraction punishable by:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of this chapter within one year;

3. A fine not exceeding $500.00 for each additional violation of this chapter within one year.

C. Civil action. The city attorney, by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the conditions found to be in violation of the provisions of this Code, as provided by law.

D. Administrative hearing. Upon a finding by the city official invested with the authority to enforce the various provisions of this Code that a violation exists, the official may notify the owners, occupants or persons deemed responsible for the violations that a public hearing shall be held before the city council to hear and determine the existence of the violations and the anticipated compliance necessary (i.e., abatement or other action required). The notification shall be in writing setting forth the alleged violations and the anticipated action sought and shall be given not later than ten days prior to the scheduled date of the hearing. The decision of the hearing shall be enforceable as provided by law.

E. Ejection. Any person who violates section 8.32.030 shall be subject to ejection from the park by any city employee authorized to enforce violations of this Code or state laws.

F. Three or more violations of section 8.32.030 by the same individual within any 12-month period within the same park, sports facility or community garden is declared to be a public nuisance and may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Any such individual may be ordered to stay away from the public facility, sports facility or community garden where the violations occurred for up to 12 months following the most recent violation.

(Code 1985, § 8.32.050; Ord. No. 470, § 1(part), 1993; Ord. No. 550, § 1D, 4-11-2016)

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any city employee or applicant for city employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter.

(Code 1985, § 8.32.060; Ord. No. 470, § 1(part), 1993)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Code 1985, § 8.32.070; Ord. No. 470, § 1(part), 1993)

It is unlawful to dispose of any part of any tobacco product, including, but not limited to, cigars and cigarettes or any other combustible substance, in any place where smoking is prohibited.

(Code 1985, § 8.32.080; Ord. No. 550, § 1E, 4-11-2016)