SB 1333, as introduced, Block. State beaches and parks: smoking ban.
Existing law makes it an infraction for a person to smoke a cigarette, cigar, or other tobacco-related product within 25 feet of a playground or tot lot sandbox area.
This bill would make it an infraction for a person to smoke, as defined, on a state coastal beach or in a unit of the state park system or to dispose of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system. The bill would establish a state-mandated local program by creating a new crime.
This bill would require the Department of Parks and Recreation to develop and post signs at state coastal beaches and units of the state park system to provide notice of the smoking prohibition. The bill would require the smoking prohibition to be enforced only after signs have been posted.
The 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 5008.9 is added to the Public Resources
2Code, to read:
(a) For purposes of this section, the following
4definitions apply:
5(1) “Cigar” has the same meaning as defined in Section 104550
6of the Health and Safety Code and, for purposes of this section,
7may contain any other weed or plant as an alternative or
8supplement to tobacco or nicotine.
9(2) “Cigarette” has the same meaning as defined in Section
10104556 of the Health and Safety Code and, for purposes of this
11section, may contain any other weed or plant as an alternative or
12supplement to tobacco or nicotine.
13(3) (A) “Smoke or smoking” means the carrying of a lighted
14pipe, a lighted cigar, a lighted
cigarette, or any other lighted oral
15smoking device, or the lighting of a pipe, a cigar, a cigarette, or
16any other oral smoking device.
17(B) “Smoke or smoking” includes the use of an electronic
18smoking device that creates an aerosol or vapor, in any manner or
19in any form.
20(4) “State coastal beach” means an area that is owned, operated,
21or under the jurisdiction of the state, an agency of the state, or a
22department of the state and that adjoins the ocean, a bay, or an
23estuary.
24(5) “Unit of the state park system” means an area specified in
25Section 5002.
26(b) A person shall not smoke on a state coastal beach or in a
27unit of the state park system.
28(c) A person shall not dispose of used cigar or
cigarette waste
29on a state coastal beach or in a unit of the state park system.
30(d) A person who violates this section is guilty of an infraction
31and shall be punished by a fine of up to two hundred fifty dollars
32($250).
33(e) The department shall develop and post signs at state coastal
34beaches and units of the state park system to provide notice of the
35smoking prohibition set forth in subdivision (b). Subdivision (b)
36shall be enforced on state coastal beaches or in units of the state
37park system only after signs have been posted.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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