Norwalk Municipal Code Ch. 8.44 Prohibition on Smoking in Public Recreational Areas, City Facilities And…

The purpose of this chapter is to protect the public health and welfare by prohibiting smoking and exposure to second-hand smoke at public recreational areas, as well as city owned, maintained or operated facilities, and employee work areas.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"City"

means the City of Norwalk.

"City facility"

means any building, structure, facility, or portion thereof to include any balcony, courtyard, deck, parking lot, parking garage, patio, or walkway, which is owned, maintained or operated by or leased for more than occasional use to the City of Norwalk.

"City workplace"

means any area of a place of employment enclosed by floor-to-ceiling walls or a vehicle which is owned, maintained, or operated, or leased by, the City of Norwalk, in which city employees are assigned to perform work.

"Electronic smoking device" or "vaporizer"

means any electronic or battery operated device manufactured, distributed, marketed, sold for the purpose of ingesting, inhaling, or exhaling vapors from any liquid substance, with or without nicotine.

"Public recreational areas"

means any unenclosed space used for recreational activities or special events, including, but not limited to, parks, playgrounds, sports fields, swimming pools, trails, campsites, and walking paths owned, maintained, or operated by the City and to which the public is invited or in which the public is permitted.

"Smoking"

means to hold, possess, use or control any lighted, burning, operating cigarette, cigar, electronic smoking device, hookah, pipe, plant, vaporizer, weed or other combustible substance in any manner or in any form for the purpose of inhaling or exhaling smoke or vapors.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

Smoking is prohibited in and upon all public recreational areas, City facilities and City workplaces, except where smoking is already prohibited by State or Federal law, in which case those laws apply.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

Notwithstanding Section 8.44.030, smoking may be allowed in designated areas as may be approved by the City Manager.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

Signs deemed appropriate by the City Manager which designate "Smoking" or "No Smoking" areas established by this chapter shall be clearly, sufficiently and conspicuously posted in and upon every public recreational area, City facility, and City workplace where smoking is regulated by this chapter. Notwithstanding this provision, the absence of such signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

Norwalk Sheriffs' Deputies and Norwalk Public Safety Officers are authorized to enforce the provisions of this chapter, respond to complaints of violations, act on observations of violations, and to issue citations to persons found in violation of any of the provisions of this chapter.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

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

B. Violation of Section 8.44.030 is an infraction punishable as provided in Section 1.16.010.

C. Any violation of Section 8.44.030 is likewise declared to be a nuisance.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Should a provision of State law be more restrictive to the benefit of the nonsmoker, State law shall prevail over the provisions of this chapter.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)

It is the intent of the City Council of the City of Norwalk to supplement applicable State and Federal law and not to duplicate or contradict such law and this chapter shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter, or its application to any other person or circumstance. The City Council of the City of Norwalk hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

(Ord. 13-1650 § 2; Ord. 21-1722 § 2)