Gridley Municipal Code Ch. 8.25 Smoke Free Parks

For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise:

A. "Cannabis" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

B. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

C. "Park" means any public place, whether publicly or privately owned, within the city, established as a recreational park and/or playground, or as trails, or otherwise as deemed within the jurisdiction of the Recreation Services Department of the city.

D. "Person" means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.

E. "Smoke" or "Smoking" means:

1. Inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic.

2. Carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or

3. Using an electronic smoking device or hookah.

F. "Tobacco product" means:

1. Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. Any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

"Tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

G. “Tobacco product waste" means any component, part, or remnant of any tobacco product. “Tobacco product waste” includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.

(Ord. 839-2022, § 2, 2022)

Smoking is prohibited in all parks within the city.

A. Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

B. It is not a violation of this chapter to use tobacco as part of a Native American spiritual or cultural ceremony. Approval from city administration must be requested and received prior to the ceremony, and the ceremony must be conducted in compliance with pertinent laws and regulations.

(Ord. 839-2022, § 2, 2022)

Smoking shall be prohibited within 25 feet from any area in which smoking is prohibited under Section 8.25.020 of this chapter or by any other law.

(Ord. 839-2022, § 2, 2022)

A. No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking is prohibited by law, including within 25 feet from any area in which smoking is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking, tobacco, or nicotine use in violation of any provision of this chapter.

B. No person shall dispose of tobacco product waste within the boundaries of an area in which smoking is prohibited.

(Ord. 839-2022, § 2, 2022)

No person shall permit or engage in smoking in any area that is under the control of that person and in which smoking is prohibited by this article or any other law.

A. A person that has control of an area in which smoking is prohibited by this chapter shall post a clear, conspicuous, and unambiguous "No Smoking" sign at each entrance to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol as well as the "No Vaping"/"No E-Cigarette" symbol. Signs posted on the exterior of buildings to comply with this section shall include the 25-foot distance requirement set forth in Section 8.25.040. The presence or absence of signs shall not be a defense to a charge of smoking, tobacco, or nicotine use in violation of any other provision of this chapter.

B. City staff and volunteers will be notified about the requirements of this chapter through the employee manual.

C. City staff will communicate the requirements of this chapter to public event organizers. City staff will also make periodic observations of parks and other city property covered by this chapter to monitor for compliance. Anyone found by city staff to be violating this chapter will be reminded of its requirements and asked to comply before being subject to ejection from the property.

D. A person that has control of an area in which smoking is prohibited by this chapter shall direct anyone who is smoking in violation of this chapter to extinguish the product being smoked [or stop using the tobacco product]. If they do not stop smoking, the person that has control of the area shall refuse any service and shall immediately ask them to leave the property. If the ejection is from a public event, it shall be for the duration of the public event.

E. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

F. The Director or their designee shall conduct an ongoing educational program to explain and clarify the purposes and requirements of this chapter, as well as to provide guidance to persons or employers about compliance. Lack of receiving or participating in such education program shall not be a defense to a violation of this chapter.

(Ord. 839-2022, § 2, 2022)

A. A first refusal to comply with a request from a city employee, or otherwise the person that has control of an area in which smoking is prohibited, to cease a violation of this chapter may be subject to a written warning. Subsequent refusal shall result in a penalty of fifty dollars ($50) for each refusal. Violations of Section 8.25.060 E. may result in such further penalties as considered just and equitable.

B. A person that has control of an area in which smoking is prohibited by this chapter and that fails to comply with this chapter shall be guilty of an administrative fine punishable by:

1. A fine not exceeding one hundred dollars ($100) for a first violation.

2. A fine not exceeding one hundred and fifty dollars ($150) for a second violation within one year.

3. A fine not exceeding two hundred and fifty dollars ($250) for each additional violation within one year.

C. Any violation of this chapter is hereby declared to be a public nuisance.

D. Any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

E. Each instance of smoking in violation of this chapter shall constitute a separate violation.

F. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. 839-2022, § 2, 2022)