Chapter 9.90
REGULATION OF SMOKING IN PUBLIC PARKS

Sections:

9.90.010    Intent and purpose.

9.90.020    Definitions.

9.90.030    Prohibitions.

9.90.040    Posting of signs.

9.90.050    Violation and penalties.

9.90.010 Intent and purpose.

The purpose of this chapter is to protect the public health, welfare and safety of the community and to recognize the need to breathe clean air by regulating smoking in public parks. In addition, the City acknowledges that where there is conflict between the desires of persons who smoke and the need of nonsmokers to breathe smoke-free air, the needs of the nonsmoker shall have priority. (Ord. 1001 Sec. 1, 2016; Ord. 922 Sec. 1, 2010)

9.90.020 Definitions.

For the purposes of this chapter, the following words are defined:

A.    “Public park” means all park areas, including the parking lots, driveways, access roads and pedestrian/equestrian trails adjacent to or within the park area. “Public park” does not include public roadways or pedestrian/equestrian trails not within or adjacent to a public park.

B.    “Smoking” means carrying or holding a lighted pipe, cigar or cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant or combustible substance or any electronic nicotine delivery system. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant or any combustible substance or emitting or exhaling the fumes or vapors of any electronic nicotine delivery system.

C.    “Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, or any other preparation of tobacco. (Ord. 1001 Sec. 1, 2016; Ord. 922 Sec. 1, 2010)

9.90.030 Prohibitions.

Smoking is prohibited in all areas of all public parks. In the case of the George Ingalls Equestrian Event Center, smoking is prohibited in the bleachers, and any other areas that may be identified by the Director of Parks and Recreation and posted as a “No Smoking” area. (Ord. 1001 Sec. 1, 2016; Ord. 922 Sec. 1, 2010)

9.90.040 Posting of signs.

In order to provide reasonable notice to the public, signs shall be posted in one or more conspicuous and visible area(s) of public parks. No smoking signs with letters of not less than one-inch height, or 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) shall be clearly, sufficiently and conspicuously posted at or near the entry of public parks or the event center. (Ord. 1001 Sec. 1, 2016; Ord. 922 Sec. 1, 2010)

9.90.050 Violation and penalties.

Except as otherwise provided, a violation of any of the provisions of this chapter shall be punishable pursuant to Section 1.04.010. (Ord. 1001 Sec. 1, 2016; Ord. 922 Sec. 1, 2010)