San Bernardino Municipal Code Ch. 8.73 No Smoking in Parks

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CIGAR. Shall have the definition as currently set forth in Cal. Health and Safety Code, § 104550, or its successor section, as amended.

CIGARETTE.

(1) Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use and consists of or contains:

(a) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(b) Tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(c) Any roll of tobacco wrapped in any substance containing tobacco, which, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a CIGARETTE described in this section.

(2) CIGARETTE also includes “roll-your-own” tobacco, meaning any tobacco, which, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making CIGARETTES.

PLAYGROUND. Any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on any city park grounds.

PUBLIC PARK, PARK or similar term. Includes, but is not limited to, all grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of or otherwise operated by the Parks and Recreation Department.

SMOKE or SMOKING. The igniting, inhaling, exhaling or carrying of any burning cigar, or cigarette of any kind, or the igniting, inhaling, exhaling or carrying a pipe or other device for smoking, containing any burning substance of any kind, including, but not limited to tobacco, or any other weed or plant.

TOT LOT SANDBOX AREA. A designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a TOT LOT SANDBOX AREA shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the TOT LOT SANDBOX AREA.

(Ord. MC-1319, passed 11-16-2009)

(A) No person shall smoke a cigarette, cigar or other tobacco-related product within 25 feet of the boundaries of any playground or tot lot sandbox area.

(B) No person shall dispose of cigarette butts, cigar butts or any other tobacco related waste within 25 feet of any playground or tot lot sandbox area.

(C) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010.

(A) For the purposes of this section, SELF-SERVICE DISPLAY means the open display of tobacco products in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.

(B) It shall be prohibited for any person engaged in the retail sale of tobacco products to sell, offer for sale or display for sale any tobacco product by self-service display.

(C) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010.

(D) This section shall not apply to any “retail or wholesale tobacco shop,” meaning any business establishment the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco and smoking accessories.

(A) For the purposes of this section, OUTDOOR ATHLETIC RECREATION AREA, SPORTS CENTERS and SPORTS FACILITIES shall include, but not be limited to, any stadium, gymnasium, swimming pool, playing field, health spa or other similar place, open to the air, where members of the general public assemble to either engage in physical exercise, participate in athletic activities or witness sports events.

(B) It shall be prohibited for any person to smoke any tobacco product in an outdoor athletic recreation area, sports center or sports facility, except in the areas designated by the facility provider.

(C) Publicly owned outdoor athletic recreation areas, sports centers and sports facilities shall designate one or more areas in which the general public is not prohibited from smoking.

(D) Privately owned athletic recreation areas, sports centers and sports facilities, or publicly owned athletic recreation areas, sports centers and sports facilities, that are leased by a private entity for any term greater than one year, may designate one or more areas in which the general public is not prohibited from smoking.

(E) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010.

(Ord. 3653, passed 7-15-1977; Ord. MC-623, passed 4-19-1988; Ord. MC-905, passed 6-8-1994; Ord. MC-1118, passed 3-19-2002; Ord. MC-1119, passed 3-19-2002; Ord. MC-1122, passed 3-19-2002)

(A) It is made a violation of law for any person to smoke or engage in the act of smoking in any public park.

(B) It is made a violation of law for any person to dispose of any cigarette, cigar or tobacco, or any part of a cigarette, cigar or tobacco, or a pipe or other device for smoking, in any public park, except in a waste disposal container designated for such purpose.

(C) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010. Punishment under this section shall not preclude punishment under any other applicable provision of law.

(Ord. MC-1319, passed 11-16-2009)