Brawley Municipal Code Ch. 19D Establishment of Tobacco Free Zones

The purpose of this chapter is to protect the public health and welfare by regulating smoking in a specified public places.

(Ord. No. 2001-06, § 1.)

For the purposes of this chapter, the following words are defined:

"City" shall mean the city of Brawley.

"Person" shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

"Smoking" means inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe, weed, plan, tobacco product or other combustible substance in any manner or in any form.

"Tobacco product" means any nicotine-delivery device or substance including but not limited to cigarettes, chew/dip, cigars, pipes, or paste which may be utilized for smoking, chewing, inhaling, or other manner of ingestion.

(Ord. No. 2001-06, § 1.)

Smoking shall be prohibited within twenty feet of the following city facilities:

1. Those areas of city parks devoted to children's play equipment including, for example, swings, slides, sand boxes, and teeter totters.

2. Bleacher and seating areas where members of the public gather to witness sports, cultural or other events.

(Ord. No. 2001-06, § 1.)

(a) Outdoor sign requirements. No smoking signs with letters of not less then one inch in height, 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 posted at or near the entry in every place where smoking is regulated by this chapter.

(Ord. No. 2001-06, § 1.)

Any person who violates any provision of this chapter shall, upon conviction thereof, be guilty of an infraction and punished as specified in Section 1.7 of this code.

(Ord. No. 2001-06, § 1.)

If any provision of this chapter at the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

(Ord. No. 2001-06, § 1.)