Chapter 8.441


8.44.010    Definitions.

8.44.020    Prohibitions.

8.44.030    Disposal of smoking waste.

8.44.040    Enforcement and penalties.

8.44.050    Threats.

8.44.060    Signs.

8.44.010 Definitions.

The following words and phrases, as used in this chapter or any other applicable law regulating smoking, shall have the following meanings:

A.    "Smoke" or "smoking" means the carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking product or equipment used to burn any tobacco products, weeds, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes of any cigarette, cigar, pipe, or any other lighted smoking product or equipment used to burn any tobacco products, weeds, plant, or any other combustible substance.

B.    "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any preparation of tobacco.

C.    "Park" means those facilities owned or controlled by the city of Lakeport as designated in the city's general plan or by action of the city council. "Park" shall include playgrounds, picnic and seating areas, grass and landscaped areas, structures and buildings, piers and docks, sidewalks and ramps, and all other areas commonly used for park and recreation activities. Future park facilities of the city designated in the general plan or by action of the city council as a park, playground, or recreational facility shall also be included in the definition of "park" without further amendment of this section.

D.    "Business" means any sole proprietorship, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. (Ord. 859 §2(part), 2006)

8.44.020 Prohibitions.

No person shall smoke or be in possession of a burning tobacco product, including but not limited to cigarettes and cigars, within the boundaries of any city park, playground, or recreation center, except for that area designated for smoking, which is the sidewalk area directly west of the front of the Library Park restrooms on Park Street. (Ord. 859 §2(part), 2006)

8.44.030 Disposal of smoking waste.

No person shall dispose of any lighted or unlighted cigarette, cigar, or tobacco, or any part of a cigarette or cigar in any place where smoking is prohibited under this chapter, except in a designated waste disposal container. (Ord. 859 §2(part), 2006)

8.44.040 Enforcement and penalties.

A.    Enforcement of this chapter shall be implemented by the city manager or his/her designee.

B.    A violation of this chapter is an infraction.

C.    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. 859 §2(part), 2006)

8.44.050 Threats.

No person shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person who seeks to obtain compliance with this section. (Ord. 859 §2(part), 2006)

8.44.060 Signs.

A.    Signs which designate smoking or no smoking areas established in accordance with this chapter shall be clearly, sufficiently, and conspicuously posted in places covered by this chapter.

B.    Signage shall contain all capital lettering not less than one inch in height, on a contrasting background. Signs of similar size containing the international "no smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be used in addition to or in lieu of any signs required herein. (Ord. 859 §2(part), 2006)


    Code reviser’s note: Ord. 859 adds these provisions as Chapter 8.40. This chapter has been editorially renumbered to prevent duplication of numbering.