The proposed Ordinance (Attachment 1) would prohibit smoking within all designated areas in City parks, subject to the posting of “no smoking” signs.
DISCUSSION
Adopting specific regulations to address smoking in parks is essential for the overall well - being and safety of the community. The ordinance defines “smoking” as the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product, including but not limited to tobacco, cannabis, or other combustible substance in any form, intended for human inhalation. This also includes smoking from any electronic or battery -operated device used to deliver nicotine or other substances, such as electronic cigarettes (e-cigarettes), vapes, or vape pens.
Smoking will be prohibited within City parks, and a 50-foot perimeter around parks, including parking lots. However, the proposed ordinance does not apply to smoking on private property if a park perimeter encroaches on it or on paved public side walks bordering the park or any public street and sidewalk within the City. Furthermore, the proposed ordinance also prohibits the disposal of any smoking waste, such as any tobacco, cannabis, or other smoking product or instrument including, but not limited to, cigarettes or cigars, or any part of a cigarette or cigar, or matches, electronic smoking device, any other combustible substance, in any place where smoking is prohibited.
It should be noted that places where smoking is prohibited under State and Federal law will still apply.
Violation of the ordinance will be deemed an infraction punishable pursuant to Chapter 1.04 of the Municipal Code and subject to administrative citations. Infractions are subject to the following penalties:
• $100.00 fine for the first violation,
• $200.00 fine for the second violation within a 12-month period, and
• $500.00 fine for a third or more violations within a 12-month period.
Penalties are not expected to be common.
FINANCIAL IMPACT
There is no financial impact in the adoption of this ordinance.
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RECOMMENDATION
It is recommended that the City Council:
Introduce and conduct the first reading of the ordinance prohibiting smoking at City parks, and pass it to second reading.
ATTACHMENT(S)
1. Garden Grove Park Smoking Ban Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE ADDING SECTION 8.40.035 TO CHAPTER 8.40 OF TITLE 8 OF
THE GARDEN GROVE MUNICIPAL CODE TO PROHIBIT SMOKING IN
CITY PARKS.
WHEREAS , parks provide one of the few affordable entertainment options for individuals and families; and
WHEREAS, tobacco use causes death and disease and impose great social and economic costs; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors; and
WHEREAS , comprehensive smoke free laws have proven to be the only effective way of eliminating secondhand smoke exposure; and
WHEREAS , California Health and Safety Code Section 104495, prohibits smoking within a certain distance of playgrounds, tot lot sandbox areas, youth sporting events, and authori zes cities to enact smoking bans that are more restrictive rel ated to smoking around playgrounds, tot lot sandbox areas, and youth sporting events; and
WHEREAS , California Health and Safety Code Section 118880 declares that tobacco smoke is a hazard to the health of the general public; and
WHEREAS , California Health and Safety Code Section 118910 states that local governing bodies may completely ban the smoking of tobacco or may regulate smoking in any matter not inconsistent with state law; and
WHEREAS, tobacco litter and matches dropped in parks are particularly dangerous to young children who step on them or ingest them, sometimes while they are still hot, and creates additional work for maintenance staff; and
WHEREAS, tobacco products are, in addition, poisonous to wildlife which inhabit or visit the parks and are generally detrimental to the environment; and
WHEREAS, eliminating smoking in parks will ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke, will pro tect the public’s health, comfort and welfare and promote a healthier environment .
NOW THEREFORE , the City Council of the City of Garden Grove hereby ordains as follows:
SECTION 1. The City Council finds that the above recitals are true and correct. 212
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SECTION 2. Section 8.40.035 is hereby added to Chapter 8.40 (Regulations Regarding the Use of City of Garden Grove Park Facilities ) of Title 8 (Peace, Safety and Morals) of the Garden Grove Municipal Code to read as follows:
§ 8.40.035 Smoking prohibited in City parks.
A. Purpose and Findings . The City Council finds that smoking of tobacco, or any other weed, plant, or substance is a danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those present in confined and unconfined spaces, and in order to serve the public health, safety, and welfare, the declared purpose of this section is to prohibit the smoking of tobacco products, or any other weed, plant, or other substances within the boundaries of any publi c park.
B. Definitions. As used in this section , the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:
City means the City of Garden Grove.
Electronic Smoking Device means an electronic and/or battery -operated device that can be used to deliver an inhaled dose of nicotine, or any other substance, including any component, part, or accessory of such a device, whether or not sold separately. Elec tronic Smoking Device includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
Enforcement Officer shall have the same meaning as in section 8.40.080.
Park means any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas of any adjacent parking lots.
Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, marijuana, cannabis, cocaine, heroin, or other combustible substance in any form, and the purpose of inhalat ion is solely olfactory, such as, for example, smoke from incense. The term Smoke includes, but is not limited to tobacco smoke, electronic smoking device vapors, marijuana or cannabis smoke, crack 213
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cocaine heroin smoke , or other combustible substance in any form.
Smoking means the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product, including but not limited to tobacco, cannabis, or other combustible substance in any form , intended for human inhalation.
(c) Smoking Prohibited. Smoking is prohibited and is unlawful within all areas posted as a no s moking area by the city by signs conspicuously posted at or near the primary entrance(s) to a public place or area where smoking is prohibited, including, but not limited to:
(1) within any park, including its parking lots.
(2) Within fifty (50) feet of any park perimeter, provided that if any such perimeter encroaches on private property, this prohibition shall not apply to the private property. This prohibition shall also not apply to any paved public sidewalk immediately abutt ing the boundary of the park or to persons and vehicles travelling along the public streets and sidewalks.
(d) Disposal of Smoking W aste. No person shall dispose of any tobacco, cannabis, or other smoking product or instrument including, but not limited to, cigarettes or cigars , or any part of a cigarette or cigar , or matches, electronic smoking device, any other combustible substance , in any place where smoking is prohibited under this section .
(e) Administration. The no smoking regulations established by this section shall be administered by any Enforcement Officer.
(f) Violations and Penalties.
(1) Infraction. A violation of this section is an infraction and shall be punished pursuant to Chapter 1.04 of this Code .
(2) Administrative Citation. Any person violating any provision of this Section may be subject to an administrative citation pursuant to Chapter
1.22 of this Code.
(3) Nonexclusive Remedies and Penalties . Punishment under this section shall n ot preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering or smoking. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
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(4) Nothing in this section shall preclude the enforcement of State and Federal Laws that pertain to smoking.
Section 3. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be published or posted within fifteen (15) days after this Ordinance is passed and adopted, as required by law.
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Item 32/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Lizabeth Vasquez
Dept:
City Manager Dept: City Clerk
Date: 1/27/2026
Subject: Second Reading and Adoption of Ordinance No. 2973 adding Chapter 2.65 to the Municipal Code to enact standards for public hearing notices and other City communications, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 2.65 TO TITLE 2 OF THE GARDEN GROVE MUNICIPAL CODE
ENACTING STANDARDS FOR PUBLIC HEARING NOTICES AND OTHER CITY COMMUNICATIONS. (Action Item)
Attached for second reading is Ordinance No. 2973 recommended for adoption.
ATTACHMENT(S)
1. Ordinance No. 2973
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ORDINANCE NO. 2973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADDING CHAPTER 2.65 TO TITLE 2 OF THE GARDEN GROVE MUNICIPAL CODE ENACTING
STANDARDS FOR PUBLIC HEARING NOTICES AND OTHER CITY COMMUNICATIONS City Attorney Summary
This Ordinance enacts standards for City communications with the public. The standards are intended to promote clarity in communications between the City and the community to support the City’s open government policy. The ordinance adopts regulations requiring the use of simple language, using street addresses when available to describe physical locations in the City, defining acronyms before using them in text, using easily readable fonts and font sizes, numbering pages in print communications, and using a standard signature block for emails, letters and memoranda. The ordinance confirms the City’s compliance with the requirements of the California Public Records Act. Finally, the ordinance prohibits communications that would feature an individual elected official or candidate for elective office within 120 days of any election and requires that no City communication be used to promote or oppose any elected official of candidate for elective office. The ordinance exempts and does not apply to: internal communications between City officials and City employees; communications between elected or appointed officials and the public; ordinances, resolutions official documents adopted or approved by the City Council at a public meeting; City Council and Commissions agendas and staff reports, utility bills, forms or correspondence required or modeled pursuant to Federal or State law and regulations, requests for proposals or qualifications, invitation for bids, contracts, applications and legal forms.
SECTION 1: Chapter 2.65 is hereby added to Title 2 of the Garden Grove Municipal Code to read as follows:
Chapter 2.65
Public Notices and Communications Standards
§ 2.65.010 Purpose, Intent and Exceptions.
A. Purpose. It is the purpose of this chapter to establish a policy of clear communication with the public by the City.
B. I ntent . It is the intent of this chapter to:
1. Promote clarity in communications between the City and the community in an effort to support the City’s open government policy.
2. Establish communications standards to ensure that notices, announcements, and information disseminated by the City to the community is clear and easily understood.
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3. Emphasize to employees the importance of communicating or providing information to the public in a clear, concise, and easily understandable manner to enhance open government.
C. Exceptions. The provisions of this chapter shall not apply to: internal communications between City officials and City employees; communications between elected or appointed officials and the public; ordinances, resolutions official documents adopted or approved by the City Council at a public meeting; City Council and Commissions agendas and staff reports, utility bills, forms or correspondence required or modeled pursuant to Federal or State law and regulations, requests for proposals or qualifications, invitation for bids, contracts, applications and legal forms.
§ 2.65.020 Definitions.
Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
“City” means the City of Garden Grove.
“Employee” means any official, officer, employee or agent of the City acting in their official capacity on behalf of the City.
“City Manager” means the City Manager of the City of Garden Grove or his/her designee.
“Communication” means any written or electronic correspondence, notice, letter, e-mail, announcement, sign, flyer, social media posting, webpage, information system application for dissemination of information to the public. “Simple Language” means wording that is designed to be understood by most people speaking the specific language in which it is written. Simple Language avoids complicated, underutilized and/or rare terminology or terms used in limited industries or business circles.
§ 2.65.030 Administration.
A. Consistent with section 2.08.070 of this Code, the City Manager or his/her designee shall have the authority to administer and enforce the provisions of this chapter consistent with State law, City regulations and personnel policies and procedures.
B. The City Clerk is the custodian of City records, which are retained pursuant to the records retention guidelines adopted by the City Council.
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§ 2.65.040 Communications Standards.
A. Any written or electronic communication from employees to the community or the public should use simple language and follow the following standards to promote clear, concise and easily understandable messaging:
1. Descriptions of Locations. When describing physical locations, use street addresses when available. Lot numbers, property numbers or other commonly identifying numbers may be used, provided that the official street address should be included when available. When no official street address is available, a description of the location in simple language providing direction from the closest cross streets would be acceptable.
2. Acronyms. Use of acronyms should not be utilized if only used once in a communication. Acronyms may be used if defined upon first use in the communication. For example, when referring to the Transient Occupancy Tax more than once in the same
communication, the first mention of the tax must be fully spelled out and then its acronym established: “Transient Occupancy Tax (TOT).” After establishing the acronym, the tax may be
mentioned by its acronym “TOT” in the other references to the tax in the same communication.
3. Font type and size. Official communications should use fonts that are easily and clearly understood, such as Arial, Verdana, and similar fonts. The use of fancy or stylistic fonts should be minimized and limited to the artistic portion of the
communication rather than the portion of the communication announcing a formal hearing, meeting, event, or public invitation.
The size of the font for the official communication should be easy to read by the intended recipient(s).
4. Print documents. Communications such as correspondence containing multiple pages intended to be printed or simulating a printed document should be numbered in chronological order.
The page numbers shall be in the same position on each page of the correspondence.
5. Signature Blocks. All emails, letters and memoranda should contain a signature block of the City employee responsible for creating or directing its creation. The signature block shall be placed below the last line of the correspondence, with sufficient space for the employee’s signature, and the signature block should contain the name, title, City department and contact telephone number of the employee. The employee creating the correspondence shall place his/her handwritten signature or formal electronic signature (facsimile) above the signature block where appropriate. For example:
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[SIGNATURE]
EMPLOYEE NAME
TITLE
DEPARTMENT
TEL.
Electronic communications such as e-mails should include the same signature block, except that a handwritten signature or facsimile is not required.
6. Designation of subordinates. Department Directors may designate subordinates to sign outgoing correspondence in their absence. The employees designated and the nature of the correspondence they are authorized to sign shall be documented in an internal correspondence forwarded to the City Manager, prior to the subordinate’s duties beginning. Designated employees will add the Director’s name to the signature block above the employee’s name in the following manner:
DIRECTOR’S NAME
CITY DEPARTMENT
By: [Signature]
Employee Name
Title
Tel.
§ 2.65.050. Public Records Act Compliance.
It is the policy of the City Council for the City to comply with the California Public Records Act to the full extent of the law. Requests for public records should not be declined due to typographical errors or specific wording being left out on the request. However, it is not the responsibility of employees to guess intent. Any reasonably inferred intent of the requestor should be considered to provide the requested documents. The City will fulfill the requestor’s request to the best of its employees’ ability. Employees will attempt to seek clarification from requestors in the event of vague, confusing or incomplete requests, and will assist requestors in formulating their requests to the extent necessary to identify the records sought. § 2.65.060. Avoidance of Political Campaigning.
City communications should not be used in a manner that would feature an individual elected official or candidate for elective office within 120 days of any election, and no City communication shall be used to promote or oppose any elected official or candidate for elective office at any time. § 2.65.070. No Mandatory Duty or Private Right of Action.
Nothing in this chapter is intended, nor shall it be construed to limit or affect, the doctrine of substantial compliance for legal noticing purposes; to create 220
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private rights of action against the City or employees; or in any way create a mandatory duty under the California Tort Claims Act, Government Code §§ 810 et seq., or otherwise affect the immunities afforded to the City and its employees thereunder.
SECTION 2: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 3.
The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
MAYOR
ATTEST:
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on January 13, 2026 with a vote as follows:
AYES: COUNCIL MEMBERS: (7) NGUYEN, TRAN, DOVINH, MUÑETON
ARESTEGUI, BRIETIGAM, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
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