Amended in Assembly August 1, 2016

Amended in Assembly June 20, 2016

Senate Bill No. 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:

SECTION 1.  

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

5008.9.  

(a) For purposes of this section, the following
definitions apply:

(1) “Cigar” has the same meaning as defined in Section 104550
of the Health and Safety Code and, for purposes of this section,
may contain any other weed or plant as an alternative or
supplement to tobacco or nicotine.

(2) “Cigarette” has the same meaning as defined in Section
104556 of the Health and Safety Code and, for purposes of this
section, may contain any other weed or plant as an alternative or
supplement to tobacco or nicotine.

(3) “Smoke or begin delete Smoking” end delete begin insert smoking” end insert means inhaling, exhaling,
burning, or carrying any lighted or heated cigar, cigarette, or pipe,
or any other lighted or heated tobacco or plant product intended
for inhalation, whether natural or synthetic, in any manner or in
any form. “Smoke or begin delete Smoking” end delete begin insert smoking” end insert includes the use of an
electronic begin delete Cigarette or similar end delete begin insert smoking end insert device that creates an
aerosol or vapor, in any manner or in any form, or the use of any
begin delete other end delete begin insert oral smoking end insert device for the purpose of circumventing a
prohibition on smoking. begin insert “Smoke or smoking” does not include
the use of a cigar, cigarette, or pipe, or any other lighted or heated
tobacco or plant product used as a prop in a motion picture,
television program, or similar filmed audiovisual work, provided
filming is properly permitted by the California Film Commission,
the active film set is closed to the general public, and any waste
is removed from the beach or park. end insert

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

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

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

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

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

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

SEC. 2.  

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