Chapter 11.10
SMOKING IN CITY PARKS
Sections:
11.10.030 Prohibitions and penalties.
11.10.010 Legislative intent.
The city council finds that the effects of secondary and tertiary smoke generated by the smoking of cigars, cigarettes, pipes, and similar articles poses a threat to the health, safety, and well-being of the citizens of this city who do not smoke. The city council further finds that the Surgeon General’s reports on use of tobacco products and smoking hazards, linking high levels of involuntary smoke exposure to reduced breathing ability in passive smokers, buttresses the need to provide more protection to nonsmokers in public settings.
Therefore, the purpose of this chapter is to place reasonable limitations on smoking within the city while striking a balance between the health needs of all nonsmoking individuals, the rights of smokers, and the imposition of regulatory burdens on business. [Ord. 16-21 § 1 (Exh. A); Ord. 07-14 § 1. Code 1997 § 10-6-101.]
11.10.020 Definitions.
“City park” means and includes city-owned parks, public squares, ball diamonds, golf courses, soccer fields, and other recreation areas, city-owned cemeteries and trails, but not designated smoking areas specified by the city.
“E-cigarette” means any electronic oral device that (a) provides a vapor of nicotine or other substance, and (b) simulates smoking through its use or through inhalation of the device.
“Electronic oral device” means an oral device that is composed of a heating element, battery, or electronic circuit, and is marketed, manufactured, distributed, or sold as an e-cigarette, e-cigar, e-pipe or any other product name or descriptor used for a similar function.
“Mass gathering” means an outdoor assembly of 10 or more people on city-owned property that reasonably can be expected to continue for two or more hours.
“Smoking” means:
(a) The possession of any lighted or heated tobacco product in any form;
(b) Inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine intended for inhalation through a cigar, cigarette, pipe, or hookah;
(c) Use of an e-cigarette; or
(d) Using an oral smoking device intended to circumvent the prohibition of smoking in this chapter. [Ord. 16-21 § 1 (Exh. A); Ord. 07-14 § 1. Code 1997 § 10-6-102.]
11.10.030 Prohibitions and penalties.
Smoking and any other use of tobacco products are hereby prohibited in city parks. A violation of this chapter is an infraction punishable by a fine not to exceed $750.00 but not by imprisonment. Police officers shall have the discretion to issue a warning if they deem it is in the best interests of the city for the first offense. [Ord. 16-21 § 1 (Exh. A); Ord. 07-14 § 1. Code 1997 § 10-6-103.]
11.10.040 Exceptions.
(1) American Indian/Alaska Native Ceremonies.
(a) A person is exempt from the restrictions of this chapter if the person:
(i) Is a member of an American Indian/Alaska Native tribe whose members are recognized as eligible for the special programs and services provided by the United States to American Indians/Alaska Natives who are members of those tribes;
(ii) Is an American Indian/Alaska Native who actively practices an American Indian/Alaska Native religion, the origin and interpretation of which is from a traditional American Indian/Alaska Native culture;
(iii) Is smoking tobacco using the traditional pipe of an American Indian/Alaska Native tribal religious ceremony, of which tribe the person is a member, and is smoking the pipe as part of that ceremony; and
(iv) The ceremony is conducted by a pipe carrier, American Indian/Alaska Native spiritual person, or medicine person recognized by the tribe of which the person is a member and by the American Indian/Alaska Native community.
(b) A religious ceremony using a traditional pipe under this section is subject to any applicable state or local law, except as provided in this section.
(2) First Amendment Activities. A person is exempt from the restrictions of this chapter if the person is smoking or using smoking materials to exercise protected First Amendment activity, such as smoking or use of materials for bona fide religious purposes. [Ord. 07-14 § 1. Code 1997 § 10-6-104.]
11.10.050 Posting of signs.
No smoking signs 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 and conspicuously posted in every city park. [Ord. 07-14 § 1. Code 1997 § 10-6-105.]
11.10.060 Separability.
If any part of or provisions of this chapter, or the application thereof to any person or circumstance, shall be adjudged invalid by any court of competent jurisdiction, such invalidity shall be confined to the provision or application directly involved, and shall not affect the validity of the remainder of this chapter, or the application thereof to other persons or circumstances. [Ord. 07-14 § 1. Code 1997 § 10-6-106.]