3-22
PROHIBITING SMOKING IN ALL CITY-OWNED BUILDINGS, OR FACILITIES, OR PARKS:

3-22.1 Definitions:

As used for the purpose of this section, unless the context otherwise clearly indicates:

Electronic smoking device shall mean 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 substances, whether as a vapor or a gas. Electronic smoking device includes any such device, whether manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

Smoke or smoking shall mean the carrying or holding of a lighted pipe, cigar, cigarette or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette, electronic smoking device, or other kinds of equipment. Smoke also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment. Smoking shall also mean engaging in the act that generates smoke, such as, but not limited to: (a) possessing a lighted pipe, cigar, bong, hookah pipe, joint, blunt, or a lighted cigarette of any kind; (b) operating an electronic smoking device; or (c) lighting or igniting a lighted pipe, cigar, bong, hookah pipe, joint, blunt, or a lighted cigarette of any kind. (Ord. #1369, §1; Ord. #1697, §1)

3-22.2 Smoking In City-Owned Buildings Or Facilities Prohibited:

It shall be unlawful for any person to smoke, or to use or operate any electronic smoking device, in any building or facility owned or leased by the city or the Lynwood redevelopment agency which is used for governmental purposes. Notwithstanding this prohibition, the city manager or city council may designate smoking areas within such building or structure. (Ord. #1369, §1; Ord. #1697, §1)

3-22.3 Smoking In Public Parks Prohibited:

Smoking, and the use or operation of electronic smoking devices, is prohibited in all public parks. (Ord. #1697, §1)

3-22.4 Smoking Marijuana In City-Owned Buildings Or Facilities, Or Public Parks, Prohibited:

No person shall smoke or ingest marijuana in any city-owned building, structure, facility, public park, location, area or place where the Lynwood Municipal Code currently prohibits the smoking of tobacco. (Ord. #1697, §1)

3-22.5 Posting Of Signs:

The city manager is directed to post and prominently display “No Smoking” signs at the entrance to buildings, facilities or public parks subject to the prohibitions contained in sections 3-22.2, 3-22.3 and 3-22.4. All such signs shall clearly and conspicuously recite the phrase “No Smoking” and/or use the international no smoking symbol. (Ord. #1369, §1; Ord. #1697, §1. Formerly 3-22.4)

3-22.6 Violation:

Any person who violates any of the provisions of this section shall be guilty of an infraction and shall be subject to the following penalties:

a.    Fine amount one thousand dollars ($1,000.00) for the first offense;

b.    Fine amount two thousand dollars ($2,000.00) for the second offense within twelve (12) months of the first violation; and

c.    Fine amount five thousand dollars ($5,000.00) for the third offense within twelve (12) months of the first violation. (Ord. #1369, §1; Ord. #1697, §1; Ord. #1718, §2. Formerly 3-22.5)