Saratoga Municipal Code Art. 11-15 Tobacco-Free Recreation Areas

The following words and phrases, whenever used in this Article shall have the meanings defined in this Section unless the context clearly requires otherwise:

(a) Parking area means a parking lot or any other area designated or primarily used for parking vehicles of persons accessing a recreational area.

(b) Person means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity except the City of Saratoga.

(c) Recreational area means any outdoor area that is publicly owned 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, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, and skateboard parks.

(d) 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 cigarette vapors, and marijuana smoke.

(e) Smoking means engaging in an act that generates smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.

(f) Tobacco product means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

(Ord. No. 280, § 2, 9-15-2010)

(a) Smoking or using a tobacco product is prohibited anywhere in a recreational area or in any parking area.

(b) Nothing in this Article shall be construed to prohibit smoking or tobacco product use in any area in which such smoking or tobacco product use is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation.

(Ord. No. 280, § 2, 9-15-2010)

(a) No ash can, ashtray, or other smoking waste receptacle shall be placed in any area in which smoking is prohibited by this Article.

(b) No person shall knowingly permit smoking or the use of tobacco products in an area under the person's legal or de facto control in which smoking or the use of tobacco products is prohibited by this Article or other provisions of this Code, unless otherwise required by State or federal law.

(c) 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 by this Article.

(d) "No Use of Tobacco Products" or "Tobacco-Free" signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying the recreational area and parking area that tobacco product use is prohibited within the area. The signs shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar).

(e) The presence of smoking waste receptacles in violation of subsection (a) above and the absence of signs required by subsection (d) above shall not be a defense to a violation of any provision of this Article.

(f) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this Article.

(g) Each instance of smoking or tobacco product use in violation of this Article shall constitute a separate violation. For violations other than smoking, each day of a continuing violation of this Article shall constitute a separate violation.

(Ord. No. 280, § 2, 9-15-2010)

(a) The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity. Enforcement of this Article shall be the responsibility of the City. In addition, any peace officer or any enforcement officer designated by the City Manager also may enforce this Article.

(b) Violations of this Article are subject to criminal enforcement as an infraction brought by the City of Saratoga, punishable in accordance with Article 3-05 of this Code.

(c) Violations of this Article are subject to civil action or administrative citation brought by the City of Saratoga in accordance with Articles 3-10 and 3-30 of this Code, as applicable.

(d) Causing, permitting, aiding, abetting or concealing a violation of any provision of this Article shall also constitute a violation of the Article.

(e) Except as otherwise provided, enforcement of this Article is at the sole discretion of the City of Saratoga. Nothing in this Article shall create a right of action in any person against the City of Saratoga or its agents to compel public enforcement of this Article against any party.

(Ord. No. 280, § 2, 9-15-2010)