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 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) begin delete“Smoke or smoking” end deletebegin insert“Smoke”
or “smoking” end insertmeans
14inhaling, exhaling, burning, or carrying any lighted or heated cigar,
15cigarette, or pipe, or any other lighted or heated tobacco or plant
16product intended for inhalation, whether natural or synthetic, in
17any manner or in any form.begin delete “Smoke or smoking”end deletebegin insert “Smoke” or
18“smokingend insertbegin insert”end insert includes the use of an electronic smoking device that
19creates an aerosol or vapor, in any manner or in any form, or the
20use of any oral smoking device for the purpose of circumventing
21a prohibition on smoking.begin delete “Smoke or smoking”end deletebegin insert
“Smoke” or
22“smoking”end insert does not include the use of a cigar, cigarette, or pipe,
23or any other lighted or heated tobacco or plant product used as a
24prop in a motion picture, television program, or similar filmed
25audiovisual work, provided filming is properly permitted by the
26California Film Commission, the active film set is closed to the
27general public, and any waste isbegin insert
immediatelyend insert removed from the
28beach or park.
29(4) “State coastal beach” means an area that is owned, operated,
30or under the jurisdiction of the state, an agency of the state, or a
31department of the state and that adjoins the ocean, a bay, or an
32estuary.
P3 1(5) “Unit of the state park system” means an area specified in
2Section 5002.
3(b) A person shall not smoke on a state coastal beach or in a
4unit of the state park system.
5(c) A person shall not dispose of used cigar or cigarette waste
6on a state coastal beach or in a unit of the state park system.
7(d) A person
who violates this section is guilty of an infraction
8and shall be punished by a fine of up to two hundred fifty dollars
9($250).
10(e) The department shall develop and post signs at state coastal
11beaches and units of the state park system to provide notice of the
12smoking prohibition set forth in subdivision (b). Subdivision (b)
13shall be enforced on state coastal beaches or in units of the state
14park system only after signs have been posted.
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.
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