Chapter 6.53
REGULATING SMOKING AND TOBACCO PRODUCT USE IN CITY-OWNED RECREATIONAL AREAS
Sections:
6.53.020 Smoking and tobacco product use prohibited.
6.53.030 Other requirements and prohibitions.
6.53.010 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:
A. “Parking area” means a parking lot or any other area designated or primarily used for parking vehicles of persons accessing a recreational area.
B. “Designated smoking area” means an area defined and established by the city as an appropriate and acceptable area for smoking to occur. The city in its sole and absolute discretion may designate, limit, and abolish these areas at any time on city property. These areas shall be clearly marked with appropriate signs to separate them from areas where smoking is prohibited.
C. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity except the city of Patterson.
D. “Recreational area” means any outdoor area that is publicly owned or operated by the city of Patterson and open to the general public for recreational purpose, regardless of any fee or age requirement. The term “recreational area” includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, swimming pools, and skateboard parks.
E. “Smoke” means the gases, partials, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combustion or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “smoke” includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.
F. “Smoking” means engaging in an act that generates smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.
G. “Tobacco product” means 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 introduction into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for the use of treating nicotine or tobacco dependence. (Ord. 740 (part), 2014).
6.53.020 Smoking and tobacco product use prohibited.
A. Smoking or use of tobacco products is prohibited anywhere in a city-owned recreational area except in a designated smoking area, adjacent parking lot or park perimeter.
B. Nothing in this chapter shall be construed to prohibit smoking or tobacco product use in any area in which smoking or tobacco product use is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. (Ord. 740 (part), 2014).
6.53.030 Other requirements and prohibitions.
A. No ash tray or other smoking waste receptacle shall be placed in any area in which smoking is prohibited by this chapter.
B. No person shall knowingly permit smoking or the use of tobacco products in an area under the person’s legal or de facto control in which smoking or the use of tobacco products is prohibited in this chapter or other provisions of this code, unless otherwise required by state or federal law.
C. No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited by this chapter.
D. “No Use of Tobacco Product” signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying the recreational area that smoking or tobacco product use is prohibited within the area except in designated areas. The sign shall have no less than one inch in height and shall include the international “No Smoking” symbol, symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar. At least one sign with the city phone number where complaints can be directed must be conspicuously posted in each place in which tobacco use is prohibited. The “No Smoking” sign shall reference the city ordinance.
E. The presence of smoking waste receptacles in violation of subsection A of this section and the absence of signs required by subsection D of this section shall not be a defense to a violation of any provision of this chapter.
F. 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.
G. Each instance of smoking or tobacco product use in violation of this chapter shall constitute a separate violation. (Ord. 740 (part), 2014).
6.53.040 Enforcement.
The director or his designee shall have the authority to eject or expel from the recreational activity any person who is in violation of this park rule. Any person failing to comply with the provisions of this chapter shall be subject to removal from attending additional scheduled recreation activities scheduled at this location.
Additional verbiage could be stated on the signage:
“Please support the Smoke free Recreation Area Rules and move to a designated Smoking Area.”
(Ord. 740 (part), 2014).