Chapter 8.04
SMOKING IN PUBLIC FACILITIES, PARKS AND RECREATIONAL AREAS1
Sections:
8.04.010 Purpose and findings.
8.04.050 Additional regulations.
8.04.060 Tobacco vending machine.
8.04.070 Violations and penalties.
8.04.010 Purpose and findings.
The smoking of tobacco, or any other weed or plant, is a danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces. In order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant, within the boundaries of any public or private park, playground area, tot lot or recreation area within the city, in any vehicles owned or leased by the city, or in or near any building owned, leased or occupied by the city. [Ord. 2010-126 § 1 (Exh. A)].
8.04.020 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
“Building” means any structure used or intended for supporting or sheltering any use or occupancy.
“Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, including play areas and tot lots, or any similar facility located on public or private school grounds or on property under the control of the city.
“Smoking” means the combustion, burning, heating, electrical ignition, or vaporization of tobacco or any other substance in a cigar, cigarette, pipe or any similar smoking device, including, without limitation, electronic smoking devices. Smoking shall include the carrying, holding or possession of a lighted cigar, cigarette, pipe or other similar smoking device, including, without limitation, electronic smoking devices.
“Vehicle” means a device by which any person or property may be carried or conveyed upon a highway or city street, including, but not limited to, automobiles, trucks, buses and heavy equipment. [Ord. 2019-210 § 7; Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: definitions generally, AVMC 1.02.010.
8.04.030 Prohibition.
In accordance with this chapter, smoking shall be prohibited in the following areas:
A. Inside of, and in any outdoor area within 20 feet of, a main exit, entrance, or operable window of any building or facility owned, leased or occupied by the city.
B. Within the boundaries of and within 25 feet of any playground within the city.
C. In all vehicles owned or operated by the city. [Ord. 2010-126 § 1 (Exh. A)].
8.04.040 Posting of signs.
Signs designating city buildings or facilities, playgrounds, and vehicles as no smoking areas shall be clearly and conspicuously posted. [Ord. 2010-126 § 1 (Exh. A)].
8.04.050 Additional regulations.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable local, state and federal health, safety or fire code ordinances or statutes. [Ord. 2010-126 § 1 (Exh. A)].
8.04.060 Tobacco vending machine.
No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designated or used for vending purposes. [Ord. 2010-126 § 1 (Exh. A)].
8.04.070 Violations and penalties.
Any person who violates the provisions of this chapter shall be guilty of an infraction. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.
Cross-references: smoking prohibited while performing body art, AVMC 4.35.090; health and safety, AVMC Title 7; parks and public places, AVMC Title 11; fire code, Chapter 13.04 AVMC.