Mission Viejo Municipal Code Div. 1 Generally

The city council finds and declares that tobacco smoking is a hazard to the health of the general public. Studies clearly demonstrate that smoking is a hazard to the health of those who smoke. In addition, recent studies indicate that involuntary inhalation of smoke is unhealthful to nonsmokers. Because smoking of tobacco, or any other weed or plant, is such a positive danger to health and a material annoyance, inconvenience, discomfort, and a health hazard to those who are present in confined spaces and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant to the extent allowed by state law.

(Ord. No. 88-12, § 3(4-7-1), 6-27-88; Ord. No. 03-216, § 1, 3-17-03)

Smoke or smoking shall mean the carrying or holding of a lighted pipe, cigar, cigarette or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette or other kind of smoking equipment. Smoke also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette or other kind of smoking equipment.

(Ord. No. 88-12, § 3(4-7-10), 6-27-88; Ord. No. 03-216, § 2, 3-17-03)

Cross reference— Definitions generally, § 1.01.170.

Smoking shall be prohibited in the city to the extent allowed by state law. The provisions of Labor Code section 6404.5 shall be enforced by the city's police chief.

(Ord. No. 88-12, § 3(4-7-21), 6-27-88; Ord. No. 03-216, § 3, 3-17-03)

Editor's note— Ord. No. 03-216, § 4, adopted March 17, 2003, repealed § 6.40.040, which pertained to penalties and derived from Ord. No. 88-12, § 3(4-7-27), 6-27-88; Ord. No. 97-174, § 6, 8-18-97.