At its October 10, 2019 meeting, the Irvine City Council voted to adopt Ordinance 19-17, which expanded the City's current smoking prohibitions to include all public places, such as sidewalks, streets, and alleys as well as common areas of multi-unit residences, including laundry rooms, play areas, and pools.
The ordinance, which became effective on December 12, 2019, is aimed at all types of smoking products, including tobacco, e-cigarettes, vaporizers, and marijuana.
Pursuant to the ordinance, smoking is only permitted in the following location, unless otherwise provided by state or federal law:
- Private residential property, other than those used as a child-care or health-care facility subject to State licensing requirements; and
- Within a moving or stationary vehicle, including a vehicle on a public street or right of way, or parked in a public place.
Hotels, motels, and bed and breakfast establishments may establish rules permitting or prohibiting smoking on portions of their property that is not open to the public, such as guest rooms, pools, and similar facilities and areas provided that such rules comply with all applicable laws.
Enforcement
Staff does not intend to assign police officers to seek out and ticket individuals who are smoking in public places. The ordinance is designed to be self-enforcing to obtain voluntary compliance through visible signage and community outreach materials.
However, police personnel as well as any fire, marine safety, or code enforcement officer will be asked to: maintain an awareness of the City's smoking regulations; warn and educate members of the public of the smoking prohibitions; and enforce as needed.
Violations of the ordinance are infractions of the City's Municipal Code and fines ranging from $100 to $500 may be issued.
Staff Reports
- Introduction of the Ordinance - October 20, 2019 City Council meeting
- Second Reading of the Ordinance - November 12, 2019 City Council meeting