Amended in Assembly June 20, 2016

Senate BillNo. 1333


Introduced by Senator Block

February 19, 2016


An act to add Section 5008.9 to the Public Resources Code, relating to state beaches and parks.

LEGISLATIVE COUNSEL’S DIGEST

SB 1333, as amended, 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:

P2    1

SECTION 1.  

Section 5008.9 is added to the Public Resources
2Code
, to read:

3

5008.9.  

(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.

begin delete

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.

end delete
begin insert

20
(3) “Smoke or Smoking” means inhaling, exhaling, burning, or
21carrying any lighted or heated cigar, cigarette, or pipe, or any
22other lighted or heated tobacco or plant product intended for
23inhalation, whether natural or synthetic, in any manner or in any
24form. “Smoke or Smoking” includes the use of an electronic
25Cigarette or similar device that creates an aerosol or vapor, in
26any manner or in any form, or the use of any other device for the
27purpose of circumventing a prohibition on smoking.

end insert

28(4) “State coastal beach” means an area that is owned, operated,
29or under the jurisdiction of the state, an agency of the state, or a
30department of the state and that adjoins the ocean, a bay, or an
31estuary.

32(5) “Unit of the state park system” means an area specified in
33Section 5002.

34(b) A person shall not smoke on a state coastal beach or in a
35unit of the state park system.

36(c) A person shall not dispose of used cigar or cigarette waste
37on a state coastal beach or in a unit of the state park system.

P3    1(d) A person who violates this section is guilty of an infraction
2and shall be punished by a fine of up to two hundred fifty dollars
3($250).

4(e) The department shall develop and post signs at state coastal
5beaches and units of the state park system to provide notice of the
6smoking prohibition set forth in subdivision (b). Subdivision (b)
7shall be enforced on state coastal beaches or in units of the state
8park system only after signs have been posted.

9

SEC. 2.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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