Chapter 8.04


8.04.010    Purpose.

8.04.020    Definitions.

8.04.030    Prohibitions.

8.04.040    Posting of signs.

8.04.050    Repealed.

8.04.070    Repealed.

8.04.080    Repealed.

8.04.090    Repealed.

8.04.100    Violation – Enforcement and penalties.

*    Prior legislation: Ords. 29, 67 and 89.

8.04.010 Purpose.

The City Council finds that:

A. Discarded cigarettes are one of the leading causes of outdoor fires, including the Viejas Fire in 2001 that destroyed over 10,000 acres in Eastern San Diego County;

B. Parks and trails in the City of Poway are high risk areas for brush fires due to the presence of flammable vegetation in these areas;

C. The 2003 Cedar Fire resulted in the destruction of 54 homes and 6,887 acres in the City of Poway;

D. Prohibiting smoking at public parks and trails will reduce the risk of brush fires caused by discarded cigarettes;

E. Scientific studies have concluded that cigarette and cigar smoking causes chronic lung disease, coronary heart disease, stroke, and cancer;

F. An inordinate amount of people die in the United States from tobacco-related diseases every year, making it the nation’s leading cause of preventable illness;

G. The United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a Group A carcinogen, the most dangerous class of carcinogen;

H. The California Air Resources Board has determined that secondhand smoke is a toxic air contaminant, finding that exposure to secondhand smoke has serious health effects including low birth-weight babies, sudden infant death syndrome (SIDS), increased respiratory infections in children, asthma in children and adults, lung, sinus, and breast cancer, heart disease and death;

I. Public parks and trails are areas where children are likely to congregate, gather, play and/or engage in athletic competitions;

J. Prohibiting smoking at public parks and trails will protect users of the parks and trails from the risks of secondhand smoke exposure;

K. Cigarette and cigar butts and used matches dropped in public spaces have negative environmental impacts and degrade the aesthetic quality of those spaces;

L. Cigarette butts are the most common type of litter found in the City’s parks and trails; and

M. Prohibiting smoking at public parks and trails will reduce the amount of cigarette-related litter in these public spaces. (Ord. 766 § 2, 2014; Ord. 652 § 3, 2007; Ord. 354 § 1, 1992)

8.04.020 Definitions.

A. “Public grounds” means any “community services facility” and “skate park” (as defined in PMC 9.48.010), and such other facilities and buildings owned by, or under the control of, the City, including the Poway Performing Arts Center, and the grounds upon which the facility, building, or structure is located.

B. “Public park” has the same meaning as “parks,” as set forth in PMC 9.48.010, and includes all City parks, recreational areas, and reserves designated by the City Council including all land, water, road improvements, parking and facilities therein.

C. “Public trail” means all City trails designated by the City Council including all land, water, road improvements, parking and facilities therein.

D. “Smoke” or “smoking” means (1) the carrying or holding of a lighted pipe, cigar, cigarette or other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance; or (2) the carrying, holding or use of an electronic cigarette as defined in California Health and Safety Code Section 119405 (“e-cigarette”) or a similar device intended to emulate smoking, which permits a person to inhale vapors or mists that may or may not include nicotine. “Smoking” also includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant or any other combustible substance, or any e-cigarette, hookah, or other similar device. (Ord. 766 § 3, 2014; Ord. 652 § 4, 2007; Ord. 354 § 1, 1992)

8.04.030 Prohibitions.

A. No person shall smoke in a public building, on public grounds, in a public park or on a public trail, except in areas designated by the Director of Community Services as smoking areas.

B. The provisions of this chapter do not apply in any circumstance where federal or State law regulates smoking if the federal or State law preempts local regulation, or if the federal or State law is more restrictive. (Ord. 766 § 4, 2014; Ord. 652 § 5, 2007; Ord. 354 § 1, 1992)

8.04.040 Posting of signs.

Permanent signs shall be installed at all City parks and City trails indicating “This Park/Trail Is a Smoke Free Zone.” Smoking areas, as designated by the Director of Community Services, shall be posted using clear and prominent signs. (Ord. 652 § 7, 2007; Ord. 354 § 1, 1992. Formerly 8.04.060)

8.04.050 Optional prohibition.

Repealed by Ord. 652. (Ord. 354 § 1, 1992)

8.04.070 Retaliation against person requesting compliance prohibited.

Repealed by Ord. 652. (Ord. 354 § 1, 1992)

8.04.080 Governmental agency cooperation.

Repealed by Ord. 652. (Ord. 354 § 1, 1992)

8.04.090 Exceptions.

Repealed by Ord. 652. (Ord. 354 § 1, 1992)

8.04.100 Violation – Enforcement and penalties.

Any person who violates any provision of this chapter by smoking in or upon public buildings, public grounds, public parks or public trails, in an area which is not designated as a smoking area, is guilty of an infraction, punishable pursuant to Chapter 1.08 PMC, or in the alternative is subject to administrative enforcement pursuant to Chapter 1.10 PMC. This chapter is not exclusive, and is not intended to preclude enforcement pursuant to any other applicable law, including laws prohibiting the act of littering or improper disposal of a cigarette or lighted substance. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (Ord. 766 § 5, 2014; Ord. 652 § 9, 2007; Ord. 354 § 1, 1992)