In this chapter, the following words and phrases shall have
the following meanings:
means a building owned and occupied, or leased and occupied,
by the city, except for a residential space.
means any non-residential location where food or beverages
are served by a business or routinely consumed by customers. This
includes, but is not limited to, restaurant or bar seating areas and
patios.
means any established parcel or area of land unoccupied by
buildings, driveways and parking areas, open to the public, and intended
for uses including outdoor recreation, education, and scenic and visual
enjoyment by the public at large. "Public open spaces"
include, but are not limited to, city parks, canyons, ranches, forests
and agricultural lands, the immediate surrounding areas of lakes,
streams and rivers and other scenic areas owned or controlled by the
city. A municipal golf course shall not be included within the definition
of "public open space."
means any enclosed area to which the public is invited or
in which the public is permitted, except for city-owned buildings.
"Public places" include retail stores, retail service
establishments, retail food production and market establishments,
restaurants, theaters, waiting rooms, reception areas, educational
facilities, health facilities, public transportation facilities, and
all other areas to which members of the public are invited. A private
residence shall not be included within the definition of "public
place."
shall have the meaning as defined in California Business
and Professions Code Section 22950.5(c).
shall have the meaning as defined in California Business
and Professions Code Section 22950.5(d).
means any path within a city park or public open space dedicated
to pedestrian, bicycle, or bridle traffic. "Trail" shall
also include any pathway dedicated to bicycle traffic within a city
park or public open space.
(Ord. No. 2020-06R, § 2, 3-25-20)
(a)
State and federal smoking prohibitions. It is unlawful to smoke in
any place where state and federal tobacco laws regulate the use of
tobacco products.
(b)
Local smoking prohibitions. It is unlawful to smoke in the following
places within the City of Escondido:
(1)
Any public open space or trail, including designated parking areas
of any city recreational area;
(2)
Any outdoor public space within the public right-of-way, including,
but not limited to, roads, alleyways, sidewalks, entryways, waiting
areas, bus stops, train platforms or boarding areas;
(3)
Any city-owned parking lot;
(4)
Any outdoor community event on all public property, when open to
the public, such as farmers' markets, exhibits, parades, concerts,
performances, and other temporary use activities and events;
(5)
Within 80 feet of the entrance, exit, or operable window of a city-owned
or operated building, including designated parking areas of any city-owned
or operated building;
(6)
Any dining area and within 25 feet of the entrance, exit, or operable
window of any dining area, on public and private property; and
(7)
Within 25 feet of any public place where a sign is posted prohibiting
smoking in such area.
(c)
It is unlawful for individuals under the age of 21 years to use or
possess tobacco products, except as allowed under state and federal
law.
(Ord. No. 2020-06R, § 2, 3-25-20)
Any person who violates any of the provisions of this chapter
is guilty of an infraction except for the fourth or each additional
violation of a provision within one year which shall be a misdemeanor.
Penalties for a violation of this chapter shall be as designated in
section 1-17.
(Ord. No. 2020-06R, § 2, 3-25-20)
