SB 977, as amended, Pan. Tobacco: youth sports events.
begin insertExisting law prohibits the smoking of a cigarette, cigar, or other tobacco-related product, and the disposal of tobacco-related waste, within 25 feet of any playground or tot lot sandbox area, as defined. Existing law prohibits a person from intimidating or retaliating against another person seeking compliance with these prohibitions. A violation of these prohibitions is an infraction, punishable by a fine of $250 for each violation. Existing law expressly does not preempt the authority of any county, city, or city and county to regulate smoking around playgrounds or tot lot sandbox areas.
end insertbegin insertThis bill would prohibit the use of a tobacco product, as defined, within 250 feet of a youth sports event, and make a violation an infraction punishable by a fine of $250 for each violation. The bill would state that its provisions do not preempt the authority of any county, city, or city and county to regulate the use of tobacco products around a youth sports event. By establishing a new crime, this bill would create a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law generally prohibits the smoking of tobacco in the workplace and in public buildings, except in specified areas.
end deleteThis bill would prohibit the use of a tobacco product, as defined, within 250 feet of a youth sports event, as defined. The bill would make a violation of this provision a crime punishable by a $100 fine. By establishing a new crime, this bill would create a state-mandated local program.
end deleteThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 104495 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
(a) For the purposes of this section, the following
4definitions shall govern:
5(1) “Playground” means any park or recreational area
6specifically designed to be used by children that has play equipment
7installed, or any similar facility located on public or private school
8grounds, or on city, county, or state park grounds.
9(2) “Tot lot sandbox area” means a designated play area within
10a public park for the use by children under five years of age. Where
11the area is not contained by a fence, the boundary of a tot lot
12sandbox area shall be defined by the edge of the resilient surface
13of safety material, such as concrete or wood, or any other material
14
surrounding the tot lot sandbox area.
15(3) “Public park” includes a park operated by a public agency.
16(4) “Smoke or smoking” means the carrying of a lighted pipe,
17lighted cigar, or lighted cigarette of any kind, or the lighting of a
18pipe, cigar, or cigarette of any kind, including, but not limited to,
19tobacco, or any other weed or plant.
P3 1
(4) “Youth sports event” means any practice, game, or related
2activity organized by a nonprofit youth sports organization at
3which athletes up to 18 years of age are present.
4
(5) “Smoke or smoking” means inhaling, exhaling, burning, or
5carrying any lighted or heated cigar, cigarette, or pipe, or any
6other lighted or heated tobacco or plant product intended for
7inhalation, whether natural or synthetic, in any manner or in any
8form. “Smoking” includes the use of an electronic smoking device
9that creates an aerosol or vapor, in any manner or in any form,
10or the use of any oral smoking device for the purpose of
11circumventing the prohibition of smoking.
12(5)
end delete13begin insert(6) end insert “Cigarette” means the same as defined in Section 104556.
14(6)
end delete15begin insert(7) end insert “Cigar” means the same as defined in Section 104550.
begin insert
16
(8) “Tobacco product” means any of the following:
17
(A) A product containing, made, or derived from tobacco or
18nicotine that is intended for human consumption, whether smoked,
19heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
20ingested by any other means, including, but not limited to,
21cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or
22snuff.
23
(B) An electronic device that delivers nicotine or other vaporized
24liquids to the person inhaling from the device, including, but not
25limited to, an electronic cigarette, cigar, pipe, or hookah.
26
(C) Any component, part, or accessory of a tobacco product,
27whether or not sold separately.
28(b) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert smoke a cigarette, cigar, or other
29tobacco-related product within 25 feet of any
playground or tot
30lot sandbox area.
31(c) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert dispose of cigarette butts, cigar butts,
32or any other tobacco-related waste within 25 feet of a playground
33or a tot lot sandbox area.
34
(d) A person shall not use a tobacco product within 250 feet of
35a youth sports event.
36(d) No
end delete
37begin insert(e)end insertbegin insert end insertbegin insertAend insert person shallbegin insert
notend insert intimidate, threaten any reprisal, or effect
38any reprisal, for the purpose of retaliating against another person
39who seeks to attain compliance with this section.
40(e)
end delete
P4 1begin insert(f)end insert Any person who violates this section is guilty of an infraction
2and shall be punished by a fine of two hundred fifty dollars ($250)
3for each violation of this section. Punishment under this section
4shall not preclude punishment pursuant to Section 13002, Section
5374.4 of the Penal Code, or any otherbegin delete provision ofend delete law proscribing
6the act of littering.
7(f)
end delete
8begin insert(g)end insert The prohibitions contained in subdivisions (b), (c),begin delete and (d)end delete
9begin insert (d), and (e)end insert shall not apply to private property.
10(g)
end delete
11begin insert(h)end insert The prohibitions contained in subdivisions (b) and (c) shall
12not apply to a public sidewalk located within 25 feet of a
13playground or a tot lot sandbox area.
14(h)
end delete
15begin insert(i)end insert This section shall not preempt the authority of any county,
16city, or city and county to regulate smoking around playgrounds
17or tot lot sandbox areas. Any county, city, or city and county may
18enforce any ordinance adopted prior to January 1, 2002, or may
19adopt and enforce new regulations that are more restrictive than
20this section, on and after January 1, 2002.
21
(j) This section shall not preempt the authority of any county,
22city, or city and county to regulate the use of tobacco products
23around a youth sports event. Any county, city, or city and county
24may enforce any ordinance adopted before January 1, 2017, or
25may adopt and enforce a new regulation that is more restrictive
26than this section,
on and after January 1, 2017.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
Article 1.6 (commencing with Section 118917)
37is added to Chapter 4 of Part 15 of Division 104 of the Health and
38Safety Code, to read:
(a) A person shall not use a tobacco product within
4250 feet of a youth sports event.
5(b) A person who violates this section is guilty of an infraction,
6punishable by a fine of not more than one hundred dollars ($100).
7(c) For purposes of this section, youth sports event means any
8practice, game, or other related activity organized by a nonprofit
9youth sports organization where athletes up to 18 years of age are
10present.
11(d) For purposes of this section, tobacco product means any of
12the following:
13(1) A product containing, made, or derived from tobacco or
14nicotine that is intended for human consumption, whether smoked,
15heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
16ingested by any other means, including, but not limited to,
17cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or
18snuff.
19(2) An electronic device that delivers nicotine or other vaporized
20liquids to the person inhaling from the device, including, but not
21limited to, an electronic cigarette, cigar, pipe, or hookah.
22(3) Any component, part, or accessory of a product described
23in paragraph (1) or (2), whether or not sold separately.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.
O
98