Loomis Municipal Code Ch. 7.24 Prohibiting Smoking in Loomis Public Parks

As used in this chapter the following definitions shall apply:

"Cannabis"

has the same definition as in the Loomis Municipal Code Section 13.46.020.

"Electronic smoking device"

means an electronic device that can be used to deliver an inhaled dose of nicotine, or any other substances, including any component, part, or accessory of such a device, whether or not sold separately.

"Public parks"

means, but is not limited to, all parks, facilities, playgrounds, trails, open space, restrooms, picnic areas, and playgrounds.

"Smoke or smoking"

means inhaling, exhaling, burning, or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device or any plant product intended for human inhalation, whether the item is natural or synthetic and whether or not it contains nicotine.

"Tobacco or tobacco product"

means any product containing, made or derived from tobacco or nicotine, or any electronic smoking device whether or not it contains nicotine. The term excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.

"Tobacco use"

means the act of smoking, the use of smokeless tobacco, or the use of any other tobacco product in any form.

(Ord. 280 § 1, 2019)

It shall be unlawful for any person to smoke any or use any cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device or any plant product intended for human inhalation, whether the item is natural or synthetic and whether or not it contains nicotine or use any tobacco product, within the perimeter of any Loomis public park (except as specifically allowed by special event permit). Pursuant to Health and Safety Code Section 11362.3(a)(2), this prohibition shall extend to include the smoking of cannabis or products derived from cannabis.

(Ord. 280 § 1, 2019)

A. The violation of Loomis Municipal Code Section 7.24.020 shall be an infraction which shall be enforced pursuant to the provisions of the Loomis Municipal Code Section 1.16.010.

B. Any subsequent violation of the Loomis Municipal Code Section 7.24.020 or a refusal to leave the premises after having been cited for a violation of the Loomis Municipal Code Section 7.24.020, shall be a misdemeanor which shall be enforced pursuant to the provisions of the Loomis Municipal Code Section 1.16.010.

(Ord. 280 § 1, 2019)