Item 33/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Omar Sandoval
Dept:
City Manager Dept: City Attorney
Date: 1/27/2026
Subject: Introduction and First Reading of an Ordinance adding Section 8.40.035 to Chapter 8.40 of Title 8 of the Garden Grove Municipal Code to prohibit smoking in City parks. (Action Item)
OBJECTIVE
For the City Council to introduce an ordinance prohibiting smoking in City parks.
BACKGROUND
Parks play a vital role in promoting physical exercise, outdoor activities, and the overall well- being of park visitors. They offer spaces for people to connect with nature, reduce stress, relax mentally, and serve as community gathering places fostering s ocial interactions and a sense of belonging.
Despite the strong smoke free laws in California, park visitors still face health risks from exposure to secondhand smoke. According to the Centers for Disease Control and Prevention (“CDC”), there is no risk -free level of exposure to secondhand smoke, and even brief exposures can lead to serious health issues and death. The CDC estimates that secondhand smoke is responsible for approximately 41,000 deaths among nonsmokers each year, including deaths from lung cancer and heart disease. Additionally, smoking-related litter and discarded cigarette butts can impact the cleanliness and maintenance of parks, posing environmental hazards and additional upkeep costs.
While California State law prohibits smoking within 25 feet of playgrounds or tot lot sandbox areas and within 20 feet from public building doors, it also allows cities to enact complete bans or regulations on smoking. The City currently has no regulations addressing smoking in parks other than a park rule implementing the State law mentioned above. To date, over 400 California jurisdictions have adopted additional laws that further restrict smoking in outdoor recreation areas.
At the request of Councilmember Muñet on, the City Council authorized the City A ttorney to prepare an ordinance to prohibit smoking in City parks, not just around playground areas.
Item 33/2026
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.
Item 33/2026
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