Chapter 9.30 — SMOKING

In this chapter: "Outdoor Dining Area" means any outdoor area that is available to or customarily used by the public, and that is designed, established, or regularly used, for consuming food or drink. "Outdoor Recreational Area" means any outdoor area that is owned, controlled, or used by the City of Orinda and open to the public for recreational purposes, regardless of any fee or age requirement. The term "Outdoor Recreational Area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, and riding trails. "Smoking" includes all activities addressed by state laws regulating smoking. (Ord. No. 16-02, § 2(Exh. A), 3-15-16)

A. Smoking is prohibited in the following outdoor places within the City of Orinda: 1. Outdoor Dining Areas. 2. Outdoor Recreational Areas. 3. City property, when being used for an outdoor public event, including, but not limited to, a farmers' market, parade, craft fair, festival, or any other event open to the public. 4. Outdoors within twenty (20) feet of any outdoor area where smoking is prohibited by local, state, or federal law. 5. Outdoors within twenty (20) feet of any doorway, window, opening, crack, or vent into an indoor area where smoking is prohibited by local, state, or federal law. B. Nothing in this chapter prohibits any person with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

(Ord. No. 16-02, § 2(Exh. A), 3-15-16)

The City Manager's power to exercise general supervision over public property that is under the control and jurisdiction of the City Council, pursuant to section 2.08.070, includes the power to post signs prohibiting smoking and similar activities on City property where the City Manager determines that doing so will promote public health and safety and/or protect City property. (Ord. No. 16-02, § 2(Exh. A), 3-15-16)

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. B. Each incident of smoking in violation of this chapter is an infraction subject to a fine of up to one hundred dollars ($100.00). Other violations of this chapter may, at the discretion of the City, be prosecuted as infractions or misdemeanors when the interests of justice so require. C. Violations of this chapter are also subject to enforcement as described in Title 19. D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. E. Any violation of this chapter is hereby declared to be a nuisance. F. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel enforcement of this chapter against private parties. (Ord. No. 16-02, § 2(Exh. A), 3-15-16)

It is not the intention of this chapter to regulate any conduct if the regulation of such conduct has been preempted by state or federal law. (Ord. No. 16-02, § 2(Exh. A), 3-15-16)