The city council finds that the smoking of tobacco products
is a medically documented danger to health and a material annoyance,
inconvenience, discomfort and health hazard to those who are present
in confined and unconfined spaces. In order to reduce exposure to
environmental tobacco and marijuana smoke and to serve public health,
safety and welfare, the declared purpose of this chapter is to prohibit
the smoking of tobacco products and marijuana in public facilities
owned or operated by the city of Placentia as stated and required
in this chapter.
(Ord. O-2017-12 § 2, 2017)
For purposes of this chapter, the following definitions apply:
"Civic Center"
means any city governmental building or facility established
for the use by or service to the residents of the city.
"Public facility"
means and includes any of the following, which is owned,
leased or operated by the city of Placentia, but that does not include
facilities used as multifamily residential buildings:
(1)
Any building, structure or room within a building enclosed by
a roof and four walls with appropriate openings for ingress and egress.
(2)
Any motor vehicle enclosed by a roof with appropriate openings
for ingress and egress.
"Smoke" or "smoking"
means inhaling, exhaling, burning, or carrying any lighted
or heated cigar, cigarette, or pipe, or any other lighted or heated
tobacco or plant product intended for inhalation, whether natural
or synthetic, in any manner or in any form. "Smoke" and "smoking"
include the use of an electronic smoking device that creates an aerosol
or vapor, in any manner or in any form, or the use of any oral smoking
device for the purpose of circumventing the prohibition of smoking.
"Tobacco product"
means any of the following:
(1)
A product containing, made, or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to, cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, or snuff.
(2)
An electronic device that delivers nicotine or other vaporized
liquids to the person inhaling from the device, including, but not
limited to, an electronic cigarette, cigar, pipe, or hookah.
(Ord. O-2017-12 § 2, 2017)
No person shall smoke any tobacco product, marijuana or marijuana
products within any area posted as a no smoking area by the city by
signs of sufficient number and posted in such locations as to be readily
seen by persons within such area. This shall include the following
areas:
(a) Within
Civic Center Plaza, including the parking lot, open areas, and enclosed
fenced areas of Civic Center Plaza.
(b) Within
a civic center, including the parking lot, open areas, and enclosed
fenced areas of a civic center.
(c) Within
parks, including within 50 feet of any park perimeter, provided that
if any such perimeter encroaches on private property, this section's
prohibition shall not apply to the private property. This prohibition
shall also not apply to persons and vehicles in route on public streets
and sidewalks.
(d) Within
public facilities, including the parking lot, open areas, and enclosed
fenced areas of public facilities.
(Ord. O-2017-12 § 2, 2017)
No person shall dispose of any part of any tobacco product,
marijuana or marijuana products in any place where smoking is prohibited.
(Ord. O-2017-12 § 2, 2017)
Any city employee authorized to enforce violations of this code
or state law may enforce the regulations established by this chapter.
(Ord. O-2017-12 § 2, 2017)
(a) Any violation of this chapter shall be deemed an infraction and shall be punishable in accordance with Chapter
1.08 of this code and state law. The remedies set forth herein shall be in addition to any other remedies available at law or in equity.
(b) Ejection.
Any person who violates this chapter shall be subject to ejection
from the park, Civic Center, Civic Center Plaza or Public Facility
where the violation occurs by any city employee authorized to enforce
violations of this code or state law.
(Ord. O-2017-12 § 2, 2017)