Chapter 16.152 — SMOKING ON CITY PROPERTY

State Law reference— Smoking in public buildings prohibited, Government Code § 7596 et seq.

The purpose of this chapter is to prohibit the smoking of tobacco on property owned or leased by the city, except in designated smoking areas. In order to serve the public health, safety and welfare, this chapter is intended to protect nonsmokers to the maximum extent possible from the health hazard, annoyance and discomfort of secondhand smoke in public places. This chapter is intended to be supplemental to Government Code § 7597 and city council policy which already prohibits smoking in public buildings.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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:

City property means any building or structure owned, leased or otherwise operated by the city and the land appurtenant to that building or structure.

Smoking means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

Smoking area means a specific area of city property designated by the city and posted to allow smoking.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Smoking is prohibited on all city property, whether enclosed or unenclosed, except in a smoking area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city may designate a specific area of city property as a smoking area after posting appropriate signage.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Prior to imposing a fine, as set forth in section 16.152.060, the city property shall be posted with signs, which provide substantially as follows:

"Smoking on City Property is prohibited by the Eastvale Municipal Code, except in designated and posted areas. Any violation is punishable by a fine of $25.00 for the first offense."

(b)

Signs prohibiting smoking on city property shall be in plain view from the entrance to the property or building. Signs so posted shall be not less than 17 inches by 22 inches in size with lettering not less than one inch in height.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any violation of this chapter is deemed an infraction, punishable by a fine of $25.00. A second violation of this chapter shall be punishable by a fine of $50.00. The third and any additional violations perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable as set forth in section 1.01.220.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)