Rocklin Municipal Code Ch. 8.34 Prohibiting Marijuana Use on Public Property

This chapter adopts regulations associated with publicly owned, leased and rented properties in the city of Rocklin. This chapter shall not apply to private property.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

The city council hereby finds as follows:

A. Smoking marijuana is likely to have the same, similar or worse health consequences as use of other smoking products and it is known that smoking tobacco products is one of the largest single preventable causes of death and disability for persons in the United States. On average, compared to people who have never smoked, smokers suffer more health problems and disability due to their smoking and ultimately lose more than a decade of life.

B. Exposure to secondhand smoke is a leading cause of preventable death, after smoking and alcohol. It has been found by the United States Environmental Protection Agency to be a Class A Carcinogen, known to cause cancer in humans, and one out of three cancer deaths are reportedly caused by smoking. There is no risk-free level of exposure to secondhand smoke.

C. The city is aware of findings associated with tobacco smoke and is aware of studies that suggest or state that smoking of marijuana has many harmful effects and other studies, including the National Institute on Drug Abuse show that marijuana use can be hazardous to memory, brain function, pregnant women, juveniles, those with respiratory diseases, cause higher rates of cancer than tobacco and other harmful effects. Hazards known as a result of tobacco smoke which are likely to carry over to marijuana smoke include:

1. Secondhand smoke causes numerous health problems in infants and children, including more frequent and severe asthma attacks, respiratory infections, ear infections, and sudden infant death syndrome (SIDS).

2. Smoking is one of the largest single preventable causes of death and disability for persons in the United States.

3. Employees subject to prolonged exposure to secondhand smoke in the workplace experience a loss of job productivity and may be forced to take periodic sick leave because of reactions to secondhand smoke. Higher costs to the employer are associated with smoke in the workplace due to increase in absenteeism, accidents, and the cost of medical care, insurance, loss of productivity, and cleaning and maintenance requirements. Smoke-free workplaces are associated with an increase in the success rate of smokers who are attempting to quit.

D. Smoking, including marijuana in public places can be a major cause of fires and damage to merchandise and equipment as well as costly maintenance and repairs to furniture and fixtures.

E. Many people may be very opposed to being exposed to marijuana smoke due to sobriety, job related drug testing and other personal reasons. People frequenting or using public property in the city may not wish to be exposed to marijuana smoke and should not be otherwise exposed against their free will.

F. Proposition 64 on the November 2016 ballot includes a provision (Health and Safety Code Section 11362.3) that states that nothing in that law permits a person to smoke or ingest marijuana in a "public place" but no definition of "public place" is provided. The city seeks to make clear that smoking of or ingestion of marijuana on all its city streets, sidewalks, public property, recreation areas and sports arenas is prohibited.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

This chapter is enacted for the purpose of restricting, regulating and preventing the smoking and use of marijuana on property owned, leased or rented by the city of Rocklin or other public entities in the city of Rocklin in order to reduce the hazards and nuisance which marijuana use and smoking causes to those who are involuntarily exposed.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

As used in this chapter, those terms identified in this section shall, unless the context indicates otherwise, be ascribed the meaning contained in this section:

"City" means the city of Rocklin.

"Entity in control" means any person or entity that is under contract or other agreement to lawfully lease, rent or use public property.

"Marijuana" means all parts of the plant Cannabis sativa L. as defined in Health and Safety Code Section 11018.

"Public property" means any property owned, leased, used, rented or controlled by the city of Rocklin, including but not limited to public streets and sidewalks, parks, city facilities, open space, bike and walking trails, and recreation areas and sports arenas.

"Recreation area" means any area in the city that is publicly owned or publicly operated for recreational purposes, whether enclosed or unenclosed and open to the general public regardless of any fee or age requirements. "Recreation area" includes parks, picnic areas, playgrounds, sports fields, open space, walking or hiking paths or trails, bike trails, outdoor pavilions, outdoor art spaces, outdoor space for the public to congregate, benches and similar shelters for bus stops or outdoor seating areas and similar areas designed and/or used for outdoor recreational activities.

"Smoking" means inhaling, exhaling, burning or carrying any lighted combustible substance containing marijuana in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices) with marijuana or its by products in the device.

"Sports arena" means public owned or operated sports pavilions, sports facilities, gymnasiums, health spas, boxing arenas, swimming pools, roller rinks, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.

"Use" means any method of ingestion of marijuana including not limited to edible products, liquids, lotions or other means to use marijuana by a person.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

Smoking or the use of marijuana in any form is prohibited in the following places:

A. All public property, recreation areas and sports arenas.

B. Any special event or activity occurring on public property, recreation areas and sports arenas shall be conditioned consistent with this chapter.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

A. Proposition 64 on the November 2016 ballot includes a provision (Health and Safety Code Section 11362.3) that states that nothing in that law permits a person to smoke or ingest Marijuana in a "public place", but no definition of "public place" is provided. Section 11362.4 provides it is an infraction to violate Section 11362.3. The city seeks to make clear that smoking of or ingestion of marijuana on all its city streets, sidewalks, public property, recreation areas and sports arenas is prohibited.

B. Nothing in this chapter shall be construed to permit smoking or ingesting of marijuana in any other "public place" not addressed by this chapter. This chapter is designed and intended to specifically address public property, recreation areas and sports arenas as defined herein.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

A. Notice of these regulations shall be given to all applicants for a special event or other permit to use public property, recreation areas and sports arenas.

B. In addition to the police department, the following positions are authorized to enforce the provisions of this chapter:

1. The fire marshal or designee of the fire department.

2. The city's code enforcement officers.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any public property, recreation areas and sports arenas subject to regulation under this chapter to fail to comply with any of its provisions.

B. It is unlawful for any person to smoke or use marijuana in any area where smoking or use is prohibited by the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of this chapter within one year;

3. A fine not exceeding five hundred dollars for each additional violation of this chapter within one year.

D. Violation of the provisions of this chapter is declared to be a public nuisance which may be abated by appropriate civil action.

E. The remedies provided by this section are cumulative, and are in addition to any other remedy existing at law or in equity.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)

A. This chapter shall not be interpreted or construed to permit smoking or use of marijuana or other substances where it is otherwise restricted by other applicable laws or permit conditions, including but not limited to the fire code, OSHA regulations, the California Code of Regulations.

(Ord. No. 1058, § 2, 11-8-2016; Ord. No. 1059, § 2, 11-8-2016)