HomeMy WebLinkAbout13 ORDINANCE REGULATING SMOKING & USE OF ELECTRONIC CIGARETTES IN PUBLIC PLACESAgenda Item 13
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AGENDA er
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MEETING DATE: OCTOBER 3, 2017
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFFREY PARKER, CITY MANAGER
SUBJECT: ORDINANCE REGULATING SMOKING AND USE OF ELECTRONIC
CIGARETTES IN PUBLIC PLACES
SUMMARY:
Currently, the Tustin City Code only regulates smoking in enclosed public places. Neither
the City's smoking regulations, nor the City's park regulations prohibit smoking outdoors in
public parks. Additionally, the Tustin City Code does not address the use of electronic
cigarettes in any manner. The attached Ordinance 1485 would, if adopted, expand upon
the City's current smoking and park regulations to clarify that smoking is prohibited in public
parks. Additionally, if adopted, the proposed ordinance would clarify that use of electronic
cigarettes and similar devices is prohibited in all areas of the City where smoking is
prohibited.
RECOMMENDATION:
Conduct the first reading by title only of Ordinance 1485 and direct staff to schedule the
Ordinance for second reading and adoption at the next regular meeting of the Council.
FISCAL IMPACT:
Potential cost of enforcement, and cost of placing "No Smoking" signs in public parks,
which may be offset by the collection of fines.
STRATEGIC PLAN:
The proposed ordinance advances Tustin Strategic Plan Goal B, Public Safety and
Protection of Assets, to "Ensure Tustin is an attractive, safe and well maintained community
in which people feel pride."
1271990.1
ORDINANCE REGULATING SMOKING AND USE OF ELECTRONIC CIGARETTES IN
PUBLIC PLACES
October 3, 2017
Page 2
BACKGROUND AND DISCUSSION:
Current Code:
Regulations pertaining to the smoking of tobacco within the City are found at Tustin City
Code section 4120 et seq. (Part 2, Chapter 1, Article 4). As it currently exists, this Part
generally prohibits the smoking of tobacco products in "any enclosed area to which the
public is invited or in which the public is permitted" (with certain exceptions), and in "City -
owned, operated or leased facilities." With respect to public places that are not city -
owned, operated or leased, the Code allows for the designation of certain. areas as
"smoking" areas by the owner/operator of an establishment, within which smoking is
permitted notwithstanding the City's general prohibition. Violations of this Part are
deemed infractions and can result in the imposition of a fine of $50 for a first offense, and
$100 for each subsequent offense within a year period. The City's current smoking
regulations were last amended in 1994.
Because the City's smoking prohibitions — even the prohibition of smoking in City -owned,
operated or leased facilities — pertain only to enclosed areas, there is no general
prohibition of smoking in the City's public parks. State law does prohibit smoking in
certain specified areas which may include areas designated as City parks; however, state
law does not prohibit smoking in parks generally. Specifically, Health & Safety Code
section 104495 prohibits smoking within 25 feet of a "tot lot sandbox area" [defined as an
area within a public park designed for use by children under the age of five] or
"playground" [defined as any park or recreational area specifically designed to be used by
children that has play equipment installed], and within 250 feet of a youth sporting event
conducted in a public park. Health and Safety Code sections 104495(h) and (i) expressly
authorize local public entities to adopt regulations that are more restrictive than the state
prohibitions.
Further, the use of electronic cigarettes and similar devices are not regulated anywhere in
the Tustin City Code. As with smoking of tobacco products generally, Health & Safety
Code section 104495 prohibits use of electronic cigarettes near tot lots, playgrounds and
youth sporting events. Otherwise, the use of electronic cigarettes is unregulated by the
state and federal governments. As such, it can be argued that the use of electronic
cigarettes is permitted in all areas of the City other than those outlined in Health & Safety
Code section 104495.
1271990.1
ORDINANCE REGULATING SMOKING AND USE OF ELECTRONIC CIGARETTES IN
PUBLIC PLACES
October 3, 2017
Page 3
Proposed Ordinance 1485:
If adopted, Proposed Ordinance 1485, will amend Part 2, Chapter 1 of Article 4 of the
Tustin City Code to expand the City's prohibition on smoking in public places. Specifically,
the proposed ordinance will specify that in addition to those areas where smoking is
already prohibited by the Code, smoking is also prohibited in all parks that are open to the
public, including both City owned and privately owned parks. The proposed ordinance
would also expand the definition of "smoking" to include the use of cannabis and electronic
cigarettes, and will therefore serve as a prohibition of the use of those items in public
places. Under the proposed ordinance, "No Smoking" signs are to be placed in public
parks to notify the public of the City's prohibition. Finally, the proposed ordinance would
also increase the penalty for violations from $50 for a first offense and $100 for each
subsequent offense within a year, to $100 for a first offense, $200 for a second offense
within a year, and $500 for each subsequent offense within a year. Violations will remain
as infractions under the proposed ordinance.
In addition, Proposed Ordinance 1485 will, if adopted, amend section 7112, of Chapter 1 of
Article 7 of the Tustin City Code regarding park regulations, to specify that smoking, as
defined in the proposed amendments to sections 4120 et seq., is prohibited in all City
parks.
Aside from the clarification that private businesses cannot allow the smoking or use of
cannabis in designated "smoking areas", the existing provisions of the code related to
smoking in enclosed public areas remain the same under Proposed Ordinance 1485.
Attachment
A. Proposed Ordinance 1485 (Showing modifications from existing TCC)
B. Proposed Ordinance 1485 (Clean Version)
1271990.1
ORDINANCE NO. 1485
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING PART 2, CHAPTER
1 OF ARTICLE 4 OF THE TUSTIN CITY CODE
REGARDING THE REGULATION OF SMOKING IN PUBLIC
PLACES, PLACES OF EMPLOYMENT AND CITY -OWNED,
OPERATED OR LEASED FACILITIES, AND SECTION
7112 OF CHAPTER 1 OF ARTICLE 7 OF THE TUSTIN
CITY CODE REGARDING PROHIBITED ACTIVITIES IN
PARKS.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. In 1994 the City adopted Ordinance 1134 regarding smoking in public
places, places of employment and City -owned, operated or lease facilities, which
regulates smoking in various enclosed areas. Neither in Ordinance 1134, nor
elsewhere in the Tustin City Code are there any regulations regarding smoking in public
places that are not enclosed, including City parks.
B. There is a danger associated with second-hand smoke in and around
areas frequented by children. Currently, section 104495 of the California Health &
Safety Code prohibits smoking within twenty-five feet of "tot lots" and "playgrounds" and
authorizes local municipalities to adopt more restrictive smoking regulations in the
interest of the public health, safety and general welfare.
C. Electronic cigarettes, commonly known as e -cigarettes, e -cigars, e -
cigarillos, e -pipes, e -hookahs, vape pens, or other "vaping" devices, are battery
operated devices which are designed to deliver nicotine, flavor, and/or other substances
through a vapor inhaled by the user. As with traditional tobacco products, California
Health & Safety Code section 104495 prohibits the use of electronic cigarettes within
twenty-five feet of "tot lots" and "playgrounds", and also authorizes local municipalities
to adopt more restrictive regulations regarding the use of electronic cigarettes in the
interest of the public health, safety and general welfare.
D. It is the intent of the City Council, in enacting this ordinance, to provide for
the public health, safety and general welfare, by expanding upon the City's current
smoking regulations by prohibiting smoking in certain unenclosed public areas, and by
prohibiting the use of cannabis and electronic cigarettes and similar devices in those
areas where smoking is prohibited by the Tustin City Code.
E. That proposed Ordinance No. 1485 is not subject to the California
Environmental Quality Act ("CEQA") under CEQA Guidelines (14 Cal. Code Regs.)
section 15060(c)(2), 15060(c)(3), and 15061(b)(3). The activity is not subject to CEQA
1271935.1
Ordinance 1485
Page 2
because it will not result in a direct or reasonably foreseeable indirect physical change
in the environment; the activity is not a project as defined in Section 15378, and the
activity is covered by the general rule that CEQA applies only to activities that have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity may have a significant effect on the
environment, the activity is not subject to CEQA.
SECTION 2. Part 2, Chapter 1 of Article 4 of the Tustin City Code is hereby amended to
read as follows (new text in bold/italics and deleted text in strikethro ®nh);
PART 2 - SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT AND CITY -
OWNED, OPERATED OR LEASED FACILITIES
4120 - PURPOSE
Because smoking of tobacco, or any other weed or plant, is a positive danger to
health and a cause of material annoyance, inconvenience, discomfort and a health
hazard to those who are present in nnnfine d nlaGes, because the increasingly
frequent use of electronic cigarettes, which emit a smoke -like vapor similar in
appearance to the exhaled smoke from cigarettes and other conventional tobacco
products, is largely unregulated by the federal and state governments, and in
order to serve public health, safety and welfare, the declared purpose of this Part 2 is to
prohibit the smoking of tobacco, or any other weed or plant, in certain public places and
places of employment, except in designated smoking areas, and to prohibit smoking in
City parks and in City -owned, operated or leased facilities.
4121 - DEFINITIONS
For the purpose of this part, the following words and terms shall have the
meaning:
(a) "Bar" shall mean any area which is devoted to the serving of alcoholic beverages
for consumption on the premises and in which the serving of food is only
incidental to the consumption of such beverages. Although a restaurant may
contain a bar, the term "bar" shall not include the restaurant dining area.
(b) "Smoke" or "smoking" shall mean the , in
the form of a no nr gar and n� Arlo Garniing of a linhcca
C-iga�ett�p+�—� c-lua�-t-�'-�„-,-r„�-�,--�„�-
Wino' or lighted Glgar or ^igarette inhaling, exhaling, burning, or carrying of any,
lighted or heated cigar, cigarette, or pipe, or any other lighted or heated
tobacco or plant product (including cannabis) intended for inhalation,
whether natural or synthetic, in any manner or form. Smoking includes the
use of an electronic smoking device that creates an aerosol or vapor, in any
manner or form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking.
1271935.1
Ordinance 1485
Page 3
(c) "Public place" shall mean any enclosed area to which the public is invited or in
which the public is permitted, other than the ones enumerated in section 4126 and
City -owned, operated, and leased facilities, including but not limited to, retail food
production and marketing establishments, retail stores and retail service
establishments, elevators, restaurants, theaters, waiting rooms, reception areas,
educational facilities, health facilities and public transportation facilities. A private
residence is not a public place.
(d) "Public park" shall mean any park operated by the City or any park situated
on privately owned property within the City that is generally open for public
use, and shall include all sidewalks or other public rights-of-way which are
located immediately adjacent to any public park. A park shall be deemed
generally open for public use if it is open to any person(s) other than the
owner of the privately owned property upon which the park is situated,
including but not limited to, tenants, guests, or customers.
(de) "Place of employment" shall mean any enclosed area under the control of a
public or private employer except the City and the places enumerated in section
4126, which employees normally frequent during the course of employment,
including but not limited to work areas, employee lounges, conference rooms, and
employee cafeterias. A private residence is not a place of employment.
(0 "Tobacco product" shall mean 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.
(3) Any component, part, or accessory of a tobacco product, whether or
not sold separately.
"Tobacco product" does not include a nicotine replacement product
approved by the United States Food and Drug Administration.
4122 - PROHIBITIONS
(a) No person shall smoke or use a tobacco product in a public place, or place of
employment, except in designated smoking areas.
1271935.1
Ordinance 1485
Page 4
(b) No person shall smoke or use a tobacco product in any City -owned building or
facility leased or operated by the City.
(c) No person shall smoke or use a tobacco product in any public park.
4123 - DESIGNATION OF SMOKING AND NONSMOKING AREAS
(a) Except where smoking is prohibited by a proprietor, smoking and nonsmoking
areas shall be designated in public places and places of employment by
proprietors or other persons in charge and signs shall be posted. Where smoking
areas are designated, existing physical barriers and ventilation systems shall be
used to minimize the toxic effect of smoke in adjacent nonsmoking areas.
However, employers are not required to incur any expense to make structural or
other physical modifications in providing smoking and nonsmoking areas.
Restaurants covered by the provisions of this part shall designate an adequate
amount of seating capacity to meet the demands of nonsmokers and shall inform
all patrons that a no smoking section is provided.
(b) Notwithstanding subsection (a) of this section, no area of a public park shall
be designated as a "smoking area."
4124 - OPTIONAL PROHIBITION
All managers and owners of any establishments serving or doing business with
the public may at their discretion post "No Smoking" signs within all areas of their
businesses, and utilize the full rights of the provisions of this part. No public place other
than the ones enumerated in section 4126 shall be designated as a smoking area in its
entirety.
4125 - POSTING OF SIGNS
(a) Signs which designate smoking or no smoking areas shall be clearly, sufficiently
and conspicuously posted in every room, building or other place so covered by
this part. No smoking signs shall be specifically placed in retail food production
and marketing establishments, including grocery stores and supermarkets open
to the public, retail sales and retail service establishments so they are clearly
visible to persons upon entering the store, clearly visible to persons in checkout
lines, and clearly visible to persons at meat and produce counters. The manner
of such posting, including the wording, size, color, design and place of posting
whether on the walls, doors, tables, counters, stands or elsewhere shall be at the
discretion of the owner, operator, manager, or other person having control of
such room, building or other place so long as clarity, sufficiency and
conspicuousness are apparent in communicating the intent of this part.
(b) "No Smoking" signs, with letters of not less than one inch in height which
read "Smoking and Use of Tobacco Products is Prohibited". along with a
1271935.1
Ordinance 1485
Page 5
depiction of the international "No Smoking" symbol (consisting of a
representation of a burning cigarette enclosed in a circle with a bar across
it) shall be posted in all public parks. The location and number of signs to
be posted at each public park within the City shall be at the discretion of
the Director of Parks and Recreation. The owner of any private property
upon which a public park is located shall be responsible for ensuring that
"No Smoking" signs are posted and maintained on that property in a
manner acceptable to the Director of Parks and Recreation.
4126 - EXCEPTIONS
(a) Nonsmoking areas are not required to be designated in individual private offices,
hotel and motel meeting and assembly rooms rented to guests, areas and rooms
while in use for private social functions, private hospital rooms, psychiatric
facilities, jails, bars, private residences, restaurants with a seating capacity.of less
than twenty (20) persons, and establishments devoted to the exclusive sale of
tobacco and tobacco related products.
(b) Restaurants with a seating capacity of less than twenty (20) persons shall have
the options of designating smoking and nonsmoking sections, allowing smoking,
or prohibiting smoking throughout the establishment.
(c) Any owner or manager of a business or other establishment subject to this part
may apply to the City Council for an exemption or modification of the provisions of
this part due to unique or unusual circumstances or conditions.
(d) Nothing in this Part shall be deemed to authorize the smoking of cannabis
in any public place.
4127 - ENFORCEMENT
(a) The Director of Community Services shall be responsible for compliance with this
part when facilities owned, operated or leased by the City of Tustin are involved.
The Director of Community Development shall provide business license
applicants with copies of this part.
(b) The owner, operator or manager of any facility, business or agency. within the
purview of this part, and not exempt under section 4126 shall comply withr the
requirements to designate smoking and nonsmoking areas and to post signs.
Such owner, operator or manager may refuse service to any person who violates
this part by smoking in a posted "No Smoking" area.
4128 - PENALTIES
Any person who violates a provision of this part shall be guilty of an infraction
and, upon conviction, shall pay a fine of one hundred dollars
1271935.1
Ordinance 1485
Page 6
($100) for a first violation, a-nd a fine of two hundred
dollars ($200) for a second violation within one (1) year, and a fine of five hundred
dollars ($500) for each additional violation of this part within one (1) year.
SECTION 3. Section 7112 of Chapter 1 of Article 4 of the Tustin City Code is hereby
amended to read as follows (new text in bold/italics and deleted text in strikethro ugh):
7112 - PROHIBITED ACTIVITIES IN PARKS
The following activities, sports and uses are hereby prohibited at any park,
or playground:
(a) Sale, possession or use of fireworks.
(b) Sale, possession or use of narcotics.
(c) Sale, possession or use of alcoholic beverages except upon written permit
duly issued by the Director of Community Services as provided in Section
6310.
(d) Gambling.
(e) Sale, possession or use of firearms or weapons of any kind, including, but
not limited to, air rifles, slings, knives or clubs.
(f) Littering, defacing or damaging of property.
(g) Giving private lessons for commercial purposes.
(h) Use of abusive or profane language.
(i) Smoking or use of any tobacco product or cannabis as set forth in
Article 4, Chapter 1, Part 2 of this Code.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held out to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Tustin hereby
declares that it would have adopted this ordinance and each section, subsection,
clause, phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional. -
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this day of , 2017.
1271935.1
Ordinance 1485
Page 7
DR. ALLAN BERNSTEIN, MAYOR
ATTEST:
ERICA N. RABE, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO.
Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No.
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the day of , 2017, and was given its second reading,
passed, and adopted at a regular meeting of the City Council held on the day of
, 2017, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Rabe, City Clerk
Published:
1271935.1
ORDINANCE NO. 1485
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING PART 2, CHAPTER
1 OF ARTICLE 4 OF THE TUSTIN CITY CODE
REGARDING THE REGULATION OF SMOKING IN PUBLIC
PLACES, PLACES OF EMPLOYEMENT AND CITY -
OWNED, OPERATED OR LEASED FACILITIES, AND
SECTION 7112 OF CHAPTER 1 OF ARTICLE 7 OF THE
TUSTIN CITY CODE REGARDING PROHIBITED
ACTIVITIES IN PARKS.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. In 1994 the City adopted Ordinance 1134 regarding smoking in public
places, places of employment and City -owned, operated or lease facilities, which
regulates smoking in various enclosed areas. Neither in Ordinance 1134, nor
elsewhere in the Tustin City Code are there any regulations regarding smoking in public
places that are not enclosed, including City parks.
B. There is a danger associated with second-hand smoke in and around
areas frequented by children. Currently, section 104495 of the California Health &
Safety Code prohibits smoking within twenty-five feet of "tot lots" and "playgrounds" and
authorizes local municipalities to adopt more restrictive smoking regulations in the
interest of the public health, safety and general welfare.
C. Electronic cigarettes, commonly known as e -cigarettes, e -cigars, e -
cigarillos, e -pipes, e -hookahs, vape pens, or other "vaping" devices, are battery
operated devices which are designed to deliver nicotine, flavor, and/or other substances
through a vapor inhaled by the user. As with traditional tobacco products, California
Health & Safety Code section 104495 prohibits the use of electronic cigarettes within
twenty-five feet of "tot lots" and "playgrounds", and also authorizes local municipalities
to adopt more restrictive regulations regarding the use of electronic cigarettes in the
interest of the public health, safety and general welfare.
D. It is the intent of the City Council, in enacting this ordinance, to provide for
the public health, safety and general welfare, by expanding upon the City's current
smoking regulations by prohibiting smoking in certain unenclosed public areas, and by
prohibiting the use of cannabis and electronic cigarettes and similar devices in those
areas where smoking is prohibited by the Tustin City Code.
E. That proposed Ordinance No. 1485 is not subject to the California
Environmental Quality Act ("CEQA") under CEQA Guidelines (14 Cal. Code Regs.)
section 15060(c)(2), 15060(c)(3), and 15061(b)(3). The activity is not subject to CEQA
1272036.1
Ordinance 1485
Page 2
because it will not result in a direct or reasonably foreseeable indirect physical change
in the environment; the activity is not a project as defined in Section 15378, and the
activity is covered by the general rule that CEQA applies only to activities that have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity may have a significant effect on the
environment, the activity is not subject to CEQA.
SECTION 2. Part 2, Chapter 1 of Article 4 of the Tustin City Code is hereby amended to.
read as follows:
PART 2 - SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT AND CITY -
OWNED, OPERATED OR LEASED FACILITIES
4120 - PURPOSE
Because smoking of tobacco, or any other weed or plant, is a positive danger to
health and a cause of material annoyance, inconvenience, discomfort and a health
hazard to those who are present, because the increasingly frequent use of electronic
cigarettes, which emit a smoke -like vapor similar in appearance to the exhaled smoke
from cigarettes and other conventional tobacco products, is largely unregulated by the
federal and state governments, and in order to serve public health, safety and welfare,
the declared purpose of this Part 2 is to prohibit the smoking of tobacco, or any other
weed or plant, in certain public places and places of employment, except in designated
smoking areas, and to prohibit smoking in City parks and in City -owned, operated or
leased facilities.
4121 - DEFINITIONS
For the purpose of this part, the following words and terms shall have the
meaning:
(a) "Bar" shall mean any area which is devoted to the serving of alcoholic beverages
for consumption on the premises and in which the serving of food is only
incidental to the consumption of such beverages. Although a restaurant may
contain a bar, the term "bar" shall not include the restaurant dining area.
(b) "Smoke" or "smoking" shall mean the inhaling, exhaling, burning, or carrying of
any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated'
tobacco or plant product (including cannabis) intended for inhalation, whether
natural or synthetic, in any manner or form. Smoking includes the use of an
electronic smoking device that creates an aerosol or vapor, in any manner or
form, or the use of any oral smoking device for the purpose of circumventing the
prohibition of smoking.
1272036.1
Ordinance 1485
Page 3
(c) "Public place" shall mean any enclosed area to which the public is invited or in
which the public is permitted, other than the ones enumerated in section 4126 and
City -owned, operated, and leased facilities, including but not limited to, retail food
production and marketing establishments, retail stores and retail service
establishments, elevators, restaurants, theaters, waiting rooms, reception areas,
educational facilities, health facilities and public transportation facilities. A private
residence is not a public place.
(d) "Public park" shall mean any park operated by the City or any park situated on
privately owned property within the City that is generally open for public use, and
shall include all sidewalks or other public rights-of-way which are located
immediately adjacent to any public park. A park shall be deemed generally open
for public use if it is open to any person(s) other than the owner of the privately
owned property upon which the park is situated, including but not limited to,
tenants, guests, or customers.
(e) "Place of employment" shall meanany enclosed area under the control of a public
or private employer except the City and the places enumerated in section 4126,
which employees normally frequent during the course of employment, including
but not limited to work areas, employee lounges, conference rooms, and
employee cafeterias. A private residence is not a place of employment.
(f) "Tobacco product" shall mean 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.
(3) Any component, part, or accessory of a tobacco product, whether or not
sold separately.
"Tobacco product" does not include a nicotine replacement product approved by
the United States Food and Drug Administration.
4122 - PROHIBITIONS
(a) No person shall smoke or use a tobacco product in a public place, or place of
employment, except in designated smoking areas.
1272036.1
Ordinance 1485
Page 4
(b) No person shall smoke or use a tobacco product in any City -owned building or
facility leased or operated by the City.
(c) No person shall smoke or use a tobacco product in any public park.
4123 - DESIGNATION OF SMOKING AND NONSMOKING AREAS
(a) Except where smoking is prohibited by a proprietor, smoking and nonsmoking
areas shall be designated in public places and places of employment by
proprietors or other persons in charge and signs shall be posted. Where smoking
areas are designated, existing physical barriers and ventilation systems shall be
used to minimize the toxic effect of smoke in adjacent nonsmoking areas.
However, employers are not required to incur any expense to make structural or
other physical modifications in providing smoking and nonsmoking areas.
Restaurants covered by the provisions of this part shall designate an adequate
amount of seating capacity to meet the demands of nonsmokers and shall inform
all patrons that a no smoking section is provided.
(b) Notwithstanding subsection (a) of this section, no area of a public park shall be
designated as a "smoking area."
4124 - OPTIONAL PROHIBITION
All managers and owners of any establishments serving or doing business with
the public may at their discretion post "No Smoking" signs within all areas of their
businesses, and utilize the full rights of the provisions of this part. No public place other
than the ones enumerated in section 4126 shall be designated as a smoking area in its
entirety.
4125 - POSTING OF SIGNS
(a) Signs which designate smoking or no smoking areas shall be clearly, sufficiently
and conspicuously posted in every room, building or other place so covered by
this part. No smoking signs shall be specifically placed in retail food production
and marketing establishments, including grocery stores and supermarkets open
to the public, retail sales and retail service establishments so they are clearly
visible to persons upon entering the store, clearly visible to persons in checkout
lines, and clearly visible to persons at meat and produce counters. The manner
of such posting, including the wording, size, color, design and place of posting
whether on the walls, doors, tables, counters, stands or elsewhere shall be at the
discretion of the owner, operator, manager, or other person having control of
such room, building or other place so long as clarity, sufficiency and
conspicuousness are apparent in communicating the intent of this part.
(b) "No Smoking" signs, with letters of not less than one inch in height which read
"Smoking and Use of Tobacco Products is Prohibited", along with a depiction of
1272036.1
Ordinance 1485
Page 5
the international "No Smoking" symbol (consisting of a representation of a
burning cigarette enclosed in a circle with a bar across it) shall be posted in all
public parks. The location and number of signs to be posted at each public park
within the City shall be at the discretion of the Director of Parks and Recreation.
The owner of any private property upon which a public park is located shall be
responsible for ensuring that "No Smoking" signs are posted and maintained on
that property in a manner acceptable to the Director of Parks and Recreation.
4126 - EXCEPTIONS
(a) Nonsmoking areas are not required to be designated in individual private offices,
hotel and motel meeting and assembly rooms rented to guests, areas and rooms
while in use for private social functions, private hospital rooms, psychiatric
facilities, jails, bars, private residences, restaurants with a seating capacity of less
than twenty (20) persons, and establishments devoted to the exclusive sale of
tobacco and tobacco related products.
(b) Restaurants with a seating capacity of less than twenty (20) persons shall have
the options of designating smoking and nonsmoking sections, allowing smoking,
or prohibiting smoking throughout the establishment.
(c) Any owner or manager of a business or other establishment subject to this part
may apply to the City Council for an exemption or modification of the provisions of
this part due to unique or unusual circumstances or conditions.
(d) Nothing in this Part shall be deemed to authorize the smoking of cannabis in any
public place.
4127 - ENFORCEMENT
(a) The Director of Community Services shall be responsible for compliance with this
part when facilities owned, operated or leased by the City of Tustin are involved.
The Director of Community Development shall provide business license
applicants with copies of this part.
(b) The owner, operator or manager of any facility, business or agency within the
purview of this part, and not exempt under section 4126 shall comply with the
requirements to designate smoking and nonsmoking areas and to post signs.
Such owner, operator or manager may refuse service to any person who violates
this part by smoking in a posted "No Smoking" area.
Any person who violates a provision of this part shall be guilty of an infraction
and, upon conviction, shall pay a fine of one hundred dollars ($100) for a first violation,
a fine of two hundred dollars ($200) for a second violation within one (1) year, and a fine
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Ordinance 1485
Page 6
of five hundred dollars ($500) for each additional violation of this part within one (1)
year.
SECTION 3. Section 7112 of Chapter 1 of Article 4 of the Tustin City Code is hereby
amended to read as follows:
7112 - PROHIBITED ACTIVITIES IN PARKS
The following activities, sports and uses are hereby prohibited at any park,
or playground:
(a) Sale, possession or use of fireworks.
(b) Sale, possession or use of narcotics.
(c) Sale, possession or use of alcoholic beverages except upon written permit
duly issued by the Director of Community Services as provided in Section
6310.
(d) Gambling.
(e) Sale, possession or use of firearms or weapons of any kind, including, but
not limited to, air rifles, slings, knives or clubs.
(f) Littering, defacing or damaging of property.
(g) Giving private lessons for commercial purposes.
(h) Use of abusive or profane language.
(i) Smoking or use of any tobacco product or cannabis as set forth in Article 4,
Chapter 1, Part 2 of this Code.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held out to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Tustin hereby
declares that it would have adopted this ordinance and each section, subsection,
clause, phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this day of , 2017.
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Ordinance 1485
Page 7
DR. ALLAN BERNSTEIN, MAYOR
ATTEST:
ERICA N. RABE, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
:4112 16104 1 Lei► 1 Wel4T19 \W\ 1A
Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance No.
was duly and regularly introduced and read by title only at the regular meeting of the
City Council held on the day of , 2017, and was given its second reading,
passed, and adopted at a regular meeting of the City Council held on the day of
2017, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Rabe, City Clerk
Published:
1272036.1