CHAPTER 5.48
SMOKING IN RECREATIONAL AREAS
SECTION:
5.48.030: Smoking Prohibited In Recreational Areas
5.48.040: Other Requirements And Prohibitions
5.48.060: Statutory Construction And Severability
5.48.010 PURPOSE:
It is the intent of the city council, in enacting this chapter, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around nonsmoking individuals, especially children; by protecting the public from exposure to tobacco and secondhand smoke where they play, exercise, and relax; by protecting the public from tobacco related litter; by reducing the potential for children to wrongly associate smoking and tobacco with a healthy lifestyle; and by affirming and promoting a healthy family atmosphere in the city’s recreational areas. (Ord. 2007-47, 7-2-2007)
5.48.020 DEFINITIONS:
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
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PARKING AREA: |
A parking lot or any other area designated or primarily used for parking vehicles of persons accessing a recreational area. |
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PERSON: |
Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity except the city of Gonzales. |
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RECREATIONAL AREA: |
Any outdoor area that is owned or operated by the city and that is open to the general public for recreational purposes, regardless of any fee or age requirement, including, but not limited to, park lands, including portions of parks, such as picnic areas, playgrounds, or sports fields; walking paths; gardens; hiking trails; bike paths; horseback riding trails; athletic fields; and skateboard parks; and including, but not limited to, Meyer park, Centennial park, Central park, Canyon Creek tot lot, Gonzales community pool, and Canyon Creek park. |
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SMOKING AND TO SMOKE: |
Possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind), and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). |
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TOBACCO PARAPHERNALIA: |
Cigarette papers or wrappers, pipes, holders of smoking materials of all types, and any other item designed for the smoking, preparing, storing, or consuming of tobacco products. |
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TOBACCO PRODUCT: |
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States food and drug administration for use in treating nicotine or tobacco dependence. (Ord. 2007-47, 7-2-2007) |
5.48.030 SMOKING PROHIBITED IN RECREATIONAL AREAS:
No person shall smoke anywhere in a recreational area or in any parking area. (Ord. 2007-47, 7-2-2007)
5.48.040 OTHER REQUIREMENTS AND PROHIBITIONS:
A. "No smoking" signs in English and in Spanish and including the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar) shall be clearly and conspicuously posted and maintained at all main entrances to a recreational area and parking area and additional signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying the recreational area and parking area that smoking is prohibited within the area.
B. The absence of signs required by subsection A of this section shall not be a defense to a violation of any provision of this chapter.
C. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.
D. Each instance of smoking in violation of this chapter shall constitute a separate violation.
E. Nothing in this chapter shall be construed to prohibit smoking in any area in which such smoking is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. (Ord. 2007-47, 7-2-2007)
5.48.050 ENFORCEMENT:
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Each violation of this chapter by a person because of the person’s smoking is an infraction subject to a twenty five dollar ($25.00) fine. Other violations of this chapter constitute misdemeanors punishable as provided in section 1.16.010 of this code or may, in the discretion of the city prosecutor, be prosecuted as infractions if the interests of justice so require.
C. Any peace officer or code enforcement official may enforce the provisions of this chapter.
D. Violations of this chapter are subject to a civil action brought by the city, punishable by a civil fine not less than one hundred dollars ($100.00) and not exceeding five hundred dollars ($500.00) per violation.
E. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
F. Any violation of this chapter is hereby declared to be a nuisance.
G. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
H. Any person acting for the interests of itself, its members, or the general public may bring a civil action to enjoin a violation of this chapter by a business or to enjoin repeat violations of this chapter by an individual. (Ord. 2007-47, 7-2-2007)
5.48.060 STATUTORY CONSTRUCTION AND SEVERABILITY:
It is the intent of the city council of the city of Gonzales to supplement applicable state and federal law and not to duplicate or contradict such law and this chapter shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter, or its application to any other person or circumstance. The city council of the city of Gonzales hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. (Ord. 2007-47, 7-2-2007)