Manhattan Beach Municipal Code Ch. 12.12 Smoking Prohibited on Strand and Greenbelt

For purposes of this chapter:

"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 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, and marijuana smoke.

"Smoking" means engaging in an act that generates smoke, such as, for example: Possessing a lighted pipe or a lighted hookah pipe; operating an electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, an electronic cigarette, a hookah pipe, a cigar, or a cigarette of any kind.

"Strand" means the paved public right of way between the beach and the westerly property line of the properties nearest the Pacific Ocean.

"Veterans Parkway" is the Valley Ardmore greenbelt and path that separates Valley Drive and Ardmore Avenue.

(§ 1, Ord. 2152, eff. October 5, 2011, as amended by § 4, Ord. 14-0008, eff. July 18, 2014)

A. Smoking is prohibited on or along the strand.

B. Smoking is prohibited on or along the Valley Ardmore Greenbelt.

C. No person shall dispose of any cigarette, cigar or other tobacco product or any part thereof on the Strand or the Valley Ardmore Greenbelt except in a designated waste disposal container.

(§ 1, Ord. 2152, eff. October 5, 2011)

A. Each separate violation of this chapter is an infraction punishable by:

1. A fine not to exceed fifty dollars ($50.00) for the first violation.

2. A fine not to exceed one hundred dollars ($100.00) for the second violation of this chapter within one year.

3. A fine not to exceed two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year.

4. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4 or any other law proscribing the act of littering. Nothing in this section shall preclude any person, corporation or governmental entity from seeking any other remedies, penalties or procedures provided by law whether civil or criminal.

(§ 1, Ord. 2152, eff. October 5, 2011)