Marysville Municipal Code Ch. 9.10 Regulation of Smoking

The following words and phrases, whenever used in the ordinance codified in this chapter, shall be deemed to have the meanings set forth in this section, unless it shall be apparent from the context that they have a different meaning.

(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)

"City-funded public events"

means any event that is open to the general public and that receives monetary or non-monetary assistance from the city, regardless of any fee or age requirement and regardless of whether it is held at a privately or publicly owned place.

(1)

Monetary assistance includes, but is not limited to, sponsorships and grants.

(2)

Non-monetary assistance includes, but is not limited to, in-kind contributions such as the use of city equipment, facilities, or personnel.

(c)

"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.

(d)

"Employee"

means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.

(e)

"Employer"

means any person or nonprofit entity that retains the service of one or more employees.

(f)

"Enclosed area"

means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.

(g)

"Person"

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

(h)

"Place of employment"

means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms, employee cafeterias and hallways. A place of employment does not include:

(1)

Theatrical production sites, if smoking is an integral part of the story in the theatrical production;

(2)

Medical research or treatment sites, if smoking is integral to the research and treatment being conducted; or

(3)

Private residences, except for private residences licensed as family day care homes where smoking is prohibited pursuant to Health and Safety Code Section 1596.795.

(i)

"Public event areas"

means any publicly owned place used for an event that is open to the general public, regardless of any fee or age requirement, including a farmers' market, parade, fair, or festival.

(j)

"Recreational area"

means any publicly owned area, including streets and sidewalks located within the area, that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.

(k)

"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.

(l)

"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 subsection (l)(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.

(m)

"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.

(n)

"Tobacco use"

means the act of smoking or the consumption of any other tobacco product in any form.

(o)

"Unenclosed area"

means any area that is not an enclosed area.

(Ord. 1053 § 1, 1986; Ord. 1467, 5/5/2026)

Smoking and tobacco use shall be prohibited in all enclosed places of employment and all areas available to and customarily used by the general public including city-owned facilities and all businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies, banks, and other business offices.

(Ord. 1053 § 1, 1986; Ord. 1467, 5/5/2026)

Note: Former § 9.10.030, Regulation of smoking in places of employment, adopted by Ord. 1053, was repealed by Ord. 1467, 5/5/2026.

(a) Smoking and tobacco use is prohibited in the unenclosed areas of the following places within the city of Marysville:

(1) Recreational areas;

(2) Public event areas; or

(3) any place that is being used for a city-funded public event for the duration of the event.

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

(c) It is not a violation of this chapter to use tobacco as part of a Native American spiritual or cultural ceremony.

(Ord. 1467, 5/5/2026)

Note: Former § 9.10.040, Smoking—Optional areas, adopted by Ord. 1053, was repealed by Ord. 1467, 5/5/2026.

Smoking in all unenclosed areas shall be prohibited within 20 feet from any area in which smoking is prohibited under Section 9.10.030 of this chapter or by any other law. This prohibition shall not apply to unenclosed areas of private residential properties that are not multiunit residences.

(Ord. 1467, 5/5/2026)

Note: Former § 9.10.050, Posting requirements, adopted by Ord. 1053, was repealed by Ord. 1467, 5/5/2026.

(a) No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking or commercial tobacco use is prohibited by law, including within 20 feet from any area in which smoking or commercial tobacco use is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking or commercial tobacco 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 or commercial tobacco use is prohibited.

(Ord. 1467, 5/5/2026)

Note: Former § 9.10.060, Enforcement, adopted by Ord. 1053, was repealed by Ord. 1467, 5/5/2026.

(a) No person or employer shall permit smoking or commercial tobacco use in an area that is under the control of that person or employer and in which smoking or commercial tobacco use is prohibited by this article or any other law.

(b) A person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this chapter shall post a clear, conspicuous, and unambiguous "No Smoking" and "No Commercial Tobacco Use" or "Smoke-Free" and "Commercial Tobacco-Free" 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. Signs posted on the exterior of buildings to comply with this section shall include the 20-foot distance requirement set forth in Section 9.10.040. The presence or absence of signs shall not be a defense to a charge of smoking or commercial tobacco use in violation of any other provision of this chapter.

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

(d) City staff will communicate the requirements of this chapter to public event organizers. City staff will also make periodic observations of recreational areas 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.

(e) A person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this chapter shall direct anyone who is smoking or using commercial tobacco in violation of this chapter to extinguish the product being smoked or stop using the tobacco product. If they do not stop smoking or using the tobacco product, the person or employer 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.

(f) No person or employer 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.

(g) The city may, at its discretion and subject to available resources, provide education and outreach regarding this chapter. Lack of such education shall not be a defense to a violation.

(Ord. 1467, 5/5/2026)

(a) Each refusal to comply with a request in violation of Section 9.10.060(d) or (e) may be subject to a $50 administrative fine.

(b) A person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this chapter and that fails to comply with this chapter may be guilty of an administrative fine punishable by:

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

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

(3) A fine not exceeding $250 for each additional violation within one year.

(c) Multiple violations of this chapter by a person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this chapter may result in the suspension or revocation of any permit or license issued to the person for the property on which the violations occurred.

(d) Any violation of this chapter is hereby declared to be a public nuisance.

(e) 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.

(f) Each instance of smoking or commercial tobacco use in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.

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

(h) This subsection shall not be construed to impose a duty upon the city to enforce this chapter or to subject the city to penalties under this section.

(Ord. 1053 § 1, 1986; Ord. 1160 § 17, 1993; Ord. 1467, 5/5/2026)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 1053 § 1, 1986)