It is the intent and purpose of the City Council to control
exposure to secondhand smoke by prohibiting smoking at public parks
in the City of Inglewood. The City Council hereby finds that environmental
tobacco smoke, or secondhand smoke, is a toxic contaminant, which
may cause and contribute to death or serious illness, including increased
risk of cancer, and is especially hazardous to infants, children,
older people, and people with asthma and other respiratory problems.
The intent and purpose of prohibiting smoking at the public parks
is to protect the public health, safety, and welfare by reducing the
number of locations in the City where exposure to secondhand smoke
can occur. The provisions of this Article are intended to be a supplement
to existing State law smoking prohibitions and restrictions.
(Ord. 10-15 10-12-10)
means any outdoor area, owned or operated by the City of
Inglewood or the Inglewood Redevelopment Agency, open to the general
public for primarily recreational purposes, regardless of any fee
or age requirement, including, but not limited to, picnic areas, playgrounds,
sports or athletic fields, walking paths, gardens, hiking trails,
bike paths, skateboard parks and dog parks. A park shall not include
any paved public sidewalk immediately abutting the boundary of the
park, or any parking area within the boundaries of the park.
means the possession of 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
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.
means cigarette papers or wrappers, holders of smoking materials
of all types, cigarette rolling machines, and any other item designed
for the smoking, preparation, storing or consumption of tobacco products.
means:
Any substance containing tobacco leaf, including, but not limited
to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, 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
matter will be introduced into the human body, but does not include
any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependence.
(Ord. 10-15 10-12-10)
(a)
Prohibition.
Smoking within any City park area is prohibited.
(b)
Tobacco
Waste. The disposal of tobacco product or tobacco paraphernalia within
any City park is prohibited, except in a City-designated waste receptacle,
or unless being done as part of a scene in a film, television or live
performance production.
(c)
Posting
of Signs. The City shall cause the installation of "No Smoking" signs,
with letters of no less than one inch in height 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.
Such signs shall be clearly and conspicuously posted and maintained
at all entrances to a City park, and additional signs shall be posted
in a quantity and manner reasonably likely to inform individuals occupying
the City park that smoking is prohibited within the area.
(Ord. 10-15 10-12-10)
(a)
Nothing
in this Article shall be construed to grant any person an affirmative
right to smoke or permit smoking in any area in which smoking is otherwise
prohibited by this Article or State or Federal law, or prohibited
by a person with property rights in the no-smoking area.
(b)
No person
shall willfully mutilate or destroy any sign required by this Article.
(c)
The
absence of signs required by this Article shall not be a defense to
a violation of any provision of this Article.
(Ord. 10-15 10-12-10)
The provisions of this Article shall not apply to any person
acting in a scene of a live performance production or a film or television
production, as long as a film permit has been obtained, if required
pursuant to the Inglewood Municipal Code.
(Ord. 10-15 10-12-10)
(a)
The
remedies provided by this Article are cumulative and in addition to
any other remedies available at law or in equity.
(b)
A violation
of this Article is subject to a civil action brought by the City Attorney,
punishable by a civil fine of $100, per violation.
(c)
A violation
of any provision of this Article shall be prosecuted as an infraction.
(d)
Causing,
permitting, aiding, abetting, or concealing a violation of any provision
of this Article shall also constitute a violation of this Article.
(e)
Any
violation of this Article is hereby declared a public nuisance. In
addition, any violation of this Article involving smoking is declared
a private nuisance.
(f)
Any
person acting for the interests of itself, its members, or the general
public may bring a civil action to enforce this Article.
(Ord. 10-15 10-12-10)
In the event of any conflict between this Article and any other
provision of this Code, this Article shall control.
(Ord. 10-15 10-12-10)
