Amended in Assembly August 19, 2016

Amended in Assembly August 17, 2016

Amended in Assembly August 1, 2016

Amended in Assembly June 20, 2016

Senate BillNo. 1333


Introduced by Senator Block

(Coauthor: Assembly Member Gonzalez)

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.begin insert The bill would authorize the Director of Parks and Recreation to designate, by posted order, areas within units of the state park system as exempt from these provisions.end insert

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:

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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.

13(3) “Smoke” or “smoking” means inhaling, exhaling, burning,
14or carrying any lighted or heated cigar, cigarette, or pipe, or any
15other lighted or heated tobacco or plant product intended for
16inhalation, whether natural or synthetic, in any manner or in any
17form. “Smoke” or “smoking” includes the use of an electronic
18smoking device that creates an aerosol or vapor, in any manner or
19in any form, or the use of any oral smoking device for the purpose
20of circumventing a prohibition on smoking. “Smoke” or “smoking”
21does not include the use of a cigar, cigarette, or pipe, or any other
22lighted or heated tobacco or plant product used as a prop in a
23motion picture, television program, or similar filmed audiovisual
24work, provided filming is properly permitted by the California
25Film Commission, the active film set is closed to the general public,
26and any waste is immediately removed from the beach or park.

27(4) “State coastal beach” means an area that is owned, operated,
28or under the jurisdiction of the state, an agency of the state, or a
29department of the state and that adjoins the ocean, a bay, or an
30estuary.

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.

begin insert

15
(f) Notwithstanding any other provision of this section, the
16director may designate, by posted order, areas within units of the
17state park system as exempt from the provisions of this section.

end insert
18

SEC. 2.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.



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