Item 204/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Omar Sandoval
Dept:
City Manager Dept: City Attorney
Date: 8/25/2026
Subject: Discussion and consideration of a draft ordinance prohibiting smoking in City parks as requested by Council Member Muneton.
OBJECTIVE
For the City Council to discuss and consider a draft ordinance prohibiting smoking in City parks.
BACKGROUND
On January 27, 2026, the City Council discussed and considered introducing an ordinance prohibiting smoking in City parks. The City Council continued consideration of the matter for six months, to the second meeting in July, which was cancelled while staff prepared the Council chambers for compliance with the remote participation requirements of SB 707. A draft ordinance is now presented for Council discussion and consideration.
DISCUSSION
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 social interactions and a sense of belonging.
Despite the strong smokefree 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 ciga rette 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 b uilding doors, it also allows cities to enact complete Item 204/2026
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 in 2025 , the City Council authorized the City Attorney to prepare an ordinance to prohibit smoking in City parks, not j ust around playground areas. A proposed Ordinance was presented on January 27, 2026, to prohibit smoking within all designated areas in City parks, subject to the posting of “no smoking” signs.
The draft ordinance with minor revisions from the version presented in January, attached to this report, 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.
The draft ordinance would prohibit smoking 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 sidewalks bordering the park or any public street and sidewalk within the City. Furthermore, the draft ordinance would also prohibit 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 would still apply.
Violation of the ordinance would be deemed an infraction and subject to administrative citations pursuant to the Garden Grove Municipal Code . Infractions and administrative citations 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.
FINANCIAL IMPACT
There is no financial impact in the adoption of this ordinance.
Item 204/2026
RECOMMENDATION
It is recommended that the City Council:
Discuss and consider the draft ordinance prohibiting smoking at City parks and provide direction to staff on any revisions or other considerations.
ATTACHMENT(S)
1. Ordinance
2. Draft Ordinance