La Mirada Municipal Code Ch. 9.10 Smoking Prohibited in Public Recreational Areas, City Facilities, And…

The purpose of this chapter is to protect the public’s health and welfare by prohibiting smoking and exposure to second-hand smoke at public recreational areas, city owned, maintained or operated facilities, and city employee work areas.

(Ord. 695 § 3, 2017).

The following words shall apply to this chapter:

(a) “City” means the City of La Mirada.

(b) “City facility” means any building, structure, facility, or portion thereof including any balcony, courtyard, deck, parking lot, parking garage, patio, or walkway, which is owned, maintained, or operated by or leased for more than occasional use to the City of La Mirada.

(c) “City workplace” means any area of a place of employment enclosed by floor-to-floor ceilings, walls or a vehicle which is owned, maintained, operated, or leased by the City of La Mirada, in which city employees are assigned to perform work.

(d) “Electronic smoking device” or “vaporizer” means any e-cigarette, or any other electronic or battery operated device or similar device manufactured, distributed, marketed, or sold for the purpose of ingesting, inhaling, or exhaling vapors from any substance, with or without nicotine.

(e) “Public recreational area” means any unenclosed space used for recreational activities or special events, including, but not limited to, parks, playgrounds, sports fields, bleachers, swimming pools, trails, campsites, and walking paths owned, maintained, or operated by the city and to which the public is invited or in which the public is permitted.

(f) “Smoking” means to hold, possess, use or control any lighted, burning, or operating cigarette, cigar, electronic smoking device, hookah, pipe, plant, or vaporizer containing tobacco or marijuana or other liquids and combustible substance in any manner or in any form for the purpose of inhaling or exhaling smoke or vapors.

(Ord. 695 § 3, 2017).

Smoking is prohibited in and upon all public recreational areas, city facilities, and city workplaces. This prohibition shall not apply to smoking conducted for artistic purposes as part of a theatrical performance at the La Mirada Theatre for the Performing Arts.

(Ord. 695 § 3, 2017).

Signs deemed appropriate by the City Manager which designate “No Smoking” areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in public recreational areas, city facilities, city workplaces, and any and all other areas covered by this chapter. Notwithstanding this provision, the absence of such signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter.

(Ord. 695 § 3, 2017).

Los Angeles County Sheriffs' Deputies, and La Mirada Public Safety and Code Enforcement Officers are authorized to enforce the provision of this chapter, respond to complaints of violations, act on observations of violations, and to issue administrative citations to persons found in violation of any of the provisions of this chapter.

(Ord. 695 § 3, 2017).

Any person who violates any provision of this chapter is guilty of an infraction punishable through an administrative citation and subject to those fines listed in Municipal Code Section 1.08.090 .

(Ord. 695 § 3, 2017).

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Should a provision of state or federal law be more restrictive to the benefit of the nonsmoker, such state or federal law shall prevail over the provisions of this chapter.

(Ord. 695 § 3, 2017).