El Monte Municipal Code Ch. 9.10 Smoking and Use of Products in and Around Playground Equipment Areas And…

"Playground" means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on city park grounds.

"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, marijuana smoke or any other weed, herb, flower or plant.

"Smoking" means engaging in an act that generates smoke, including but not limited to the carrying and/or possession of a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.

"Tot lot sandbox area" means a designated play area within a city park for the use by children under five (5) years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.

(Ord. 2549 § 1 (part), 2002)

(Ord. No. 2778, § 1, 9-20-2011)

A. It is unlawful for any person to engage in the activity of smoking, as defined herein, upon any city-owned or city-operated bus, shuttle, van or other motor vehicle or upon any "park or recreational facility" as defined under Section 12.48.020 of the El Monte Municipal Code, including but not limited to any play areas, tot lot sandbox areas, buildings or any city-owned parking lot adjacent to such park or recreational facilities.

B. It is unlawful for any person to discard any tobacco-related waste, including but not limited to cigarette and/or cigar butts or any electronic cigarette device or component thereof upon any city-owned or city-operated bus, shuttle, van or other motor vehicle or upon any "park or recreational facility" as defined under Section 12.48.020, including but not limited to any play areas, tot lot, sandbox area, buildings or any city-owned parking lot adjacent to such park or recreational facilities.

C. The department or division responsible for maintenance of all city of El Monte parks shall post signs indicating the prohibitions set forth in subsections A and B of this section. Such signs shall be posted in at least three (3) conspicuous locations in each park.

(Ord. 2645 § 1, 2005: Ord. 2549 § 1 (part), 2002)

(Ord. No. 2778, §§ 2, 3, 9-20-2011)

A. Signs notifying the public of the prohibition against smoking or the disposal of tobacco-related waste pursuant to this section shall be posted in locations where they are clearly visible to the general public at the entrances of city parks.

B. Signs notifying the public of the prohibition against smoking or the disposal of tobacco-related waste pursuant to this section shall be posted at the boundary of the areas where smoking or the disposal of tobacco-related waste is prohibited.

(Ord. 2549 § 1 (part), 2002)

Any person who violates this section shall be guilty of an infraction for a first offense, which shall be punishable by a fine of fifty dollars ($50.00). Conviction of a second violation of this section shall be punishable by a fine of one hundred dollars ($100.00). Third and subsequent violations of this section shall be punishable by a fine of not less than two hundred dollars ($200.00) or more than five hundred dollars ($500.00).

(Ord. 2549 § 1 (part), 2002)