Wasco Municipal Code Ch. 8.44 Smoking Prohibition in Public Parks

Sections: 8.44.010 Purposes. 8.44.020 Definitions. 8.44.030 Prohibitions. 8.44.040 Violations.

The purposes of this chapter are to:

A. Protect the public health, safety and general welfare by prohibiting smoking in public places under circumstances where other persons will be exposed to secondhand smoke.

B. Assure a cleaner and more hygienic environment for the city, its residents, and its natural resources, including its beaches, creeks and streams.

C. Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including children, to breathe in smoke-free air, recognizing the threat to the public health and the environment which smoking of tobacco causes.

D. Recognize the right of residents and visitors to the city to be free from unwelcome secondhand smoke in places of public recreation. (Ord. 655 §1, 2015).

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

A. "Public parks" shall mean all city parks, whether owned or leased by city, including, without limitation, all of their amenities, all city sporting facilities, all off-street parking areas, streets, trails, walkways and sidewalks.

B. "Smoke" or "smoking" shall mean the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant or any other combustible substance or an electronic or battery-operated device the use of which may resemble smoking which can be used to deliver an inhaled dose of nicotine or other substance. Smoking includes inhaling and emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted smoking product or equipment used for burning any tobacco products, weed, plant or any other combustible substance. (Ord. 655 §1, 2015).

A. Except for ceremonial, religious or educational purposes, it is unlawful:

1. To smoke in any public park.

2. To dispose of any pipe waste, cigar or cigarette butts, or any tobacco-related waste in any public park except in any specifically designated smoking waste receptacle.

B. This section shall not apply to smoke generated by portable or fixed barbecues. (Ord. 655 §1, 2015).

A. A violation of this chapter is an infraction and is subject to punishment as provided for in Section 1.08.030.

B. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (Ord. 655 §1, 2015).