Chapter 13A — SMOKE-FREE PARKS

6-13A.01 Prohibition and policy 6-13A.02 Definitions 6-13A.03 Interpretation 6-13A.04 Notice 6-13A.05 Penalties for failure to comply

(a) The use of Tobacco, Electronic Delivery Devices, and Cannabis are prohibited in all Public Parks in the City at All Times. This prohibition is enacted in order to preserve the public health, safety, and welfare of the residents of the City, as well as the environment of the City. (b) The provisions of this section do not apply to publicly owned areas and places, or portions thereof, used by or used for events of the United States, the State of California, or any agency or instrumentality thereof. (§ 2, Ord. 3112, eff. September 20, 2018, § 3, Ord. 3236, eff. January 19, 2023)

(a) “Use of Tobacco And/or Electronic Delivery Devices And/or Cannabis” means the act of Smoking, chewing, or the use of any other Tobacco and/or Electronic Delivery Devices and/or Cannabis products in any form. (b) “Smoke” or “Smoking” means inhaling or exhaling Smoke from any lighted or heated cigar, cigarette, pipe, or any other Tobacco plant or product, or inhaling or exhaling aerosol or vapor from any Electronic Delivery Devices. “Smoking” includes being in possession of a lit or heated cigar, cigarette, pipe, or any part of Tobacco or plant product intended for inhalation, or an Electronic Delivery Device that is turned on or otherwise activated. (c) “Tobacco Product” means any substance made or derived from any parts of the Tobacco plant, including, but not limited to, cigarettes, cigars, pipe Tobacco, snuff, chewing Tobacco, and smokeless Tobacco, or products prepared from Tobacco and designed for Smoking or ingestion, or any other product name of descriptor. (d) “Electronic Delivery Device” means any product containing or delivering nicotine, lobelia, or any other substance that can be used to stimulate Smoking through inhalation of aerosol or vapor from the product. This term includes, but is not limited to, devices manufactured, distributed, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, vape pens, electronic hookah, electronic cigarillo, or any other product name or descriptor. (e) “Cannabis” means all parts of the plant Cannabis sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include: (1) Industrial hemp, as defined in Cal. Health & Safety Code § 11018.5; or (2) The weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink, or other product. (f) “Public Parks” means all Public Parks within the City that are currently, or in the future, listed on the City’s website as a park. All City golf courses, as they appear on the City’s website, now or in the future, are excluded from the definition of Public Parks and the applicability of this chapter. The term includes, but is not limited to, restrooms,

spectator and concession areas, playgrounds, athletic fields, aquatic areas, in or on City-owned vehicles, and in City- owned parking lots at those Public Parks. (g) “All Times” means twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year. (§ 2, Ord. 3112, eff. September 20, 2018, §§ 4-5, Ord. 3236, eff. January 19, 2023)

This chapter shall not be interpreted or construed to permit Smoking where it is otherwise restricted by other applicable laws. (§ 2, Ord. 3112, eff. September 20, 2018)

(a) Wherever this chapter prohibits Smoking, conspicuous signs containing the words “NO SMOKING,” in all capital letters not less than one inch in height on a contrasting background, shall be posted. It shall be the duty of the owner, operator, manager or other persons having control of any Public Parks to clearly post such signs or cause the same to be clearly posted within ninety (90) days of the effective date of the ordinance codified in this chapter. (b) The “NO SMOKING” signs shall be posted in multiple languages at strategic locations to inform all persons about the policy. (c) City staff and volunteers shall be notified about this no Smoking policy through an internal memorandum. (d) City staff shall communicate this policy to all event organizers. (§ 2, Ord. 3112, eff. September 20, 2018)

(a) Each incident in violation of this chapter is an infraction subject to: (1) A fine of $50 for a first violation. (2) A fine not exceeding $100 for a second violation of this chapter within one (1) year. (3) A fine not exceeding $200 for each additional violation of this chapter within one (1) year. (b) Enforcement of this chapter shall begin one (1) year after the effective date of this chapter. (§ 2, Ord. 3112, eff. September 20, 2018)