Maywood Municipal Code Ch. 42 Smoking Prohibited in Parks and Recreation Areas

Footnotes:

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Editor's note— Ord. No. 19-01, § 1, adopted May 8, 2019, repealed the former Chapter 42, §§ 5-42.01—5-42.03, and enacted a new Chapter 42, §§ 5-42.01—5-42.03. The former Chapter 42 pertained to similar subject matter and derived from Ord. No. 03-502, adopted July 27, 2004.

"Electronic cigarette" shall mean an electronic and/or battery operated device, the use of which may resemble smoking or "vaping", which can be used to deliver an inhaled dose of nicotine or other substances. The term shall include every variation and type of such devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product sold by or distributed by any other product name or descriptor. The term does not include any inhaler prescribed by a licensed doctor.

"Park" shall mean City parks owned or controlled by the City of Maywood as designated in the City's general plan or by action of the City Council. Future facilities of the City designated in the general plan or by action of the City Council as a park shall also be included in the definition of park without further amendment of this section.

"Recreation area" shall mean areas open to the public for recreational purposes regardless of any fee or age requirement, including, for example, but not limited to parks, recreational facilities, picnic areas, playgrounds, tot lots, gardens, athletic fields, walking paths, bike paths, sports facilities, skateboard parks and other open spaces.

"Smoke" or "smoking" means the engaging in an act that generates smoke or vapor, such as, for example: possessing, carrying or operating a lighted pipe, lighted cigar, lighted cigarette, or lighted hookah pipe of any kind; operating, lighting, igniting, activating or vaping an electronic cigarette; or lighting or igniting a pipe, cigar, cigarette, or hookah pipe of any kind including but not limited to, tobacco, cannabis, plant, chemicals or other smoking or combustible material. "Smoke" or "smoking" also means inhaling, exhaling, burning or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, electronic cigarette, pipe, hookah, tobacco, nicotine, marijuana, plant, chemicals or other smoking material in any manner or in any form. "Smoke" also 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 or vaporizing material contains no tobacco, nicotine, or cannabis 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, vapors from an electronic smoking device, and cannabis smoke or any other like substance.

"Tobacco product" means (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(Ord. No. 19-01, § 1, 5-8-2019)

(a) Smoking or use of any tobacco product shall be prohibited in any park or recreation area.

(b) No person shall be in possession of a burning tobacco or tobacco-related product, including but not limited to cigarettes, cigars, pipes or similar devices in or upon any park or recreation area in the City.

(c) No person shall dispose of lighted or unlighted cigarettes or cigars, or cigarette or cigar butts, or similar devices, or any other tobacco-related waste in or upon any park or recreation area, except in a receptacle designated for such disposal.

(d) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this section.

(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter is prohibited.

(Ord. No. 19-01, § 1, 5-8-2019)

(a) Each separate violation of this chapter is an infraction punishable by:

(1) A fine not to exceed One Hundred and no/100ths ($100.00) dollars for the first violation.

(2) A fine not to exceed Two Hundred and no/100ths ($200.00) dollars for the second violation of this chapter within one (1) year.

(3) A fine not to exceed Five Hundred Fifty and no/100ths ($500.00) dollars for each additional violation of this chapter within one (1) year.

(b) 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.

(Ord. No. 19-01, § 1, 5-8-2019)