The city council hereby finds that the foregoing recitals are true and correct and that it is the intent of the city council, in enacting this chapter, to provide for the public health, safety and welfare by discouraging the use of tobacco around non-smokers to eliminate the temptation of non-smokers to try tobacco products; to protect children from exposure to smoke and tobacco while they play and work, and from potentially associating smoking with a healthy lifestyle; and to protect the public and employees from smoking and tobacco-related litter and pollution; and to affirm the family atmosphere of the city.
(Ord. 03-219 §1; Ord. 04-238 § 1)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Park"
shall mean any area within 25 feet of any playground equipment or habitable structure in any public park or portion of a public park including, but not limited to, the Community Center located in Valverde Park and the Senior Center located in Valverde Park.
"Public building"
means a building owned and occupied, or leased and occupied, by the city.
1. 
"Inside a public building"
includes all indoor areas of the building, except for covered parking lots and residential space. "Inside a public building" also includes any indoor space leased to the state or county, except for covered parking lots and residential space.
2. 
"Residential space"
means a private living area, but it does not include common areas such as lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of a multicomplex building such as a dormitory.
"Smoke" or "smoking"
means the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant.
"Tobacco product"
means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.
(Ord. 03-219 § 1; Ord. 04-238 § 1)
A. 
No person shall smoke or use a tobacco product within the boundaries of a park as defined in Section 12.30.020, subsection A, except that a person may smoke or use a tobacco product in any area designated by the city council in a resolution. Any such area where smoking is allowed shall be clearly designated with appropriate signage.
B. 
No person shall dispose of smoking wastes or tobacco product waste within the boundaries of a park.
C. 
No public employee or member of the public shall smoke any tobacco product inside a city building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a city building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the city.
D. 
No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to gain compliance with this chapter.
(Ord. 03-219 § 1; Ord. 04-238 § 1)
A. 
The remedies provided in this chapter are cumulative and in addition to any other remedies available in law or in equity.
B. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation.
C. 
Violations of this chapter shall be prosecuted as an infraction and shall be punished as set forth in Section 1.16.010 of this code.
(Ord. 03-219 § 1; Ord. 04-238 § 1)