Chapter 8.32 — SMOKING PROHIBITION

Editor's note— Ord. No. 387, § 1, adopted September 28, 2019, repealed the former Chapter 8.32, and enacted a new Chapter 8.32 as set out herein. The former Chapter 8.32 pertained to similar subject matter and derived from Ord. 309, § 1, 2003; Ord. 284, § 1 (part), 1996.

(a)

For the purpose of "smoke" or "smoking" see definitions in Section 8.32.030.

(b)

Smoke or smoking is prohibited inside all city buildings, vehicles and recreation areas at all times. "City buildings" includes, but is not limited to, the following named facilities; Orange Cove City Hall, police station, fire department, transit center, public works, waste water, community center, senior center, Feinstein Park and Recreation Center, sportsplex, community services department, corporation yard buildings and all other buildings and facilities owned or operated by the city. "City vehicles" means all motor vehicles owned or operated by the city, including, but not limited to, police vehicles, fire vehicles, ambulances and all other vehicles owned by the city. "City recreation areas" means all city parks owned or operated by the city, including, but not limited to, future parks and public places.

(c)

The city manager or his or her designee shall be responsible for posting "no smoking" signs in all city- owned or operated buildings governed by this section.

(Ord. No. 387, § 1, 9-28-2019)

recreation areas.

(a)

Findings. The city council finds and declares as follows:

(1)

The city believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make.

(2)

Reliable studies have shown that breathing second-hand smoke is a significant health hazard for certain population groups, including elderly people, children, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Tobacco use causes death and disease and continues to be an urgent public health challenge.

(3)

Exposure to secondhand smoke occurs at significant levels outdoors. The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant. The U.S. Surgeon General has concluded that there is no risk- free level of exposure to secondhand smoke.

(4)

Medical studies have shown that health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm.

(5)

Smoking and tobacco use in the proximity of children and adults engaged in activities in recreation areas is detrimental to their health and can be offensive to those using such facilities.

(6)

Cigarette butts and packaging are often discarded on the ground, creating additional maintenance expenses, diminished beauty of the city's recreational facilities, and pose a risk to toddlers due to ingestion.

(7)

Community youth groups have determined that the prohibition of tobacco use at the city's recreational facilities serves to protect the health, safety, and welfare of the citizens in our city.

(8)

Smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease. It is associated with oral, esophageal, and pancreatic cancers and with increased risk for heart disease and stroke, stillbirth and preterm delivery, and Parkinson's disease.

(9)

State law prohibits smoking within twenty-five feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions.

(b)

Intent. It is the intent of the city council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco use around non- tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by affirming and promoting a healthy environment in the city.

(Ord. No. 387, § 1, 9-28-2019)

For the purpose of this chapter, certain words and terms are defined as follows:

(a)

"Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device. whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured and/or distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

(b)

"Recreational area" means any area including streets and sidewalks owned, controlled or used by the city and 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, parks, picnic areas, playgrounds, sports fields, playgrounds, sports fields, walking paths, gardens, bike paths, golf courses, swimming pools and skateboard parks.

(c)

"Smoke" 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 or nicotine 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, electronic smoking device vapors, marijuana smoke, and crack cocaine smoke.

(d)

"Smoking" means inhaling, exhaling, burning, using or carrying any lighted, heated, or ignited cigar, cigarette of any kind, cigarillo, pipe, hookah. Electronic smoking device, marijuana, or any plant product intended for human inhalation.

(e)

"Tobacco product" means 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 electronic smoking devices. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

(Ord. No. 387, § 1, 9-28-2019)

Smoking and the use of tobacco products is prohibited in all recreational areas, city vehicles and city facilities. Pursuant to CA state law, Health and Safety sections 11362.3 and 11362.79, cannabis smoking is prohibited where tobacco smoking is prohibited.

(Ord. No. 387, § 1, 9-28-2019)

(a)

No person shall sell, offer for sale, or exchange, or offer for exchange for any form of consideration tobacco products in any city recreational area, city vehicles or city facilities.

(b)

No person shall engage in the non-sale distribution of any tobacco product in city recreational areas, city vehicles or city facilities.

(Ord. No. 387, § 1, 9-28-2019)

No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited.

(Ord. No. 387, § 1, 9-28-2019)

The city manager or his or her designees shall be responsible for posting "no smoking" signs in all recreation areas.

(Ord. No. 387, § 1, 9-28-2019)