Wildomar Municipal Code Ch. 8.120 Smoking on City Property

The purpose of this chapter is to prohibit the smoking of tobacco on property owned or leased by the City, except in designated smoking areas. In order to serve the public health, safety and welfare, this chapter is intended to protect nonsmokers to the maximum extent possible from the health hazard, annoyance and discomfort of second hand smoke in public places. This chapter is intended to be supplemental to Government Code Section 7597 and the Riverside County Board of Supervisors Policy A-23 which already prohibits smoking in public buildings.

(Ord. 18 § 2, 2008, RCC § 8.152.010)

As used in this chapter, the following terms shall have the meanings set forth herein:

"City property"

means any building or structure owned, leased or otherwise operated by the City and the land appurtenant to that building or structure.

"Smoking"

means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.

"Smoking area"

means a specific area of City property designated by the Director of Facilities Management and posted to allow smoking.

(Ord. 18 § 2, 2008, RCC § 8.152.020)

Smoking is prohibited on all City property, whether enclosed or unenclosed, except in a smoking area.

(Ord. 18 § 2, 2008, RCC § 8.152.030)

The Director of Facilities Management may designate a specific area of City property as a smoking area after posting appropriate signage.

(Ord. 18 § 2, 2008, RCC § 8.152.040)

A. Prior to imposing a fine, as set forth in Section 8.120.060, the City property shall be posted with signs, which provide substantially as follows:

Smoking on City Property is prohibited by Wildomar Municipal Code Chapter 8.120, except in designated and posted areas. Any violation is punishable by a fine of $25.00 for the first offense.

B. Signs prohibiting smoking on City property shall be in plain view from the entrance to the property or building. Signs so posted shall be not less than 17 by 22 inches in size with lettering not less than one inch in height.

(Ord. 18 § 2, 2008, RCC § 8.152.050)

Any violation of this chapter is deemed an infraction, punishable by a fine of $25.00. A second violation of this chapter shall be punishable by a fine of $50.00. The third and any additional violations perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

(Ord. 18 § 2, 2008, RCC § 8.152.060)