Item #04
Date: May 5, 2026
To: Mayor and City Council
From: Jeramy Chapdelaine, Public Works Director
Subject: Amendment to Chapter 9.10 of the Municipal code – Smoking and Commercial Tobacco Use Regulations
Recommendation:
Pass a motion to waive the second reading of Ordinance 1467 repealing and replacing Chapter 9.10 of the Marysville Municipal Code to modernize regulations governing smoking and commercial tobacco use, align the City’s code with current California law, and establish locally appropriate restrictions for outdoor public areas and City-supported activities.
Background:
Chapter 9.10 of the Marysville Municipal Code was originally adopted in 1986 and reflects regulatory approaches that predate comprehensive statewide smoking restrictions. Since that time, California has enacted significant legislation regulating smoking in enclosed workplaces, public facilities, and certain outdoor areas, while expressly authorizing local jurisdictions to adopt additional restrictions.
At the March 17, 2026 City Council meeting, the Council requested additional analysis regarding the relationship between state law and the City’s existing and proposed smoking regulations. A follow-up memorandum was provided summarizing applicable state law, identifying inconsistencies in the current ordinance, and evaluating the proposed updates.
The proposed ordinance before the Council reflects that analysis and incorporates direction provided by the Council to modernize and clarify the City’s regulatory framework.
Discussion & Analysis:
1. Need for Ordinance Update
The current ordinance is outdated and includes provisions that are inconsistent with state law, including allowances for smoking in indoor environments such as restaurants, bars, and certain public areas. State law now broadly prohibits smoking in enclosed workplaces and public settings, rendering portions of the existing code unenforceable or obsolete.
Additionally, the existing ordinance does not address more recent regulatory areas, including:
• Electronic smoking devices (vaping)
• Cannabis smoking in public places
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• Entryway buffer requirements
• Outdoor smoking in parks and public gathering spaces
2. Overview of Proposed Ordinance
The proposed ordinance repeals and replaces Chapter 9.10 in its entirety to ensure consistent formatting, eliminate outdated provisions, and incorporate modern regulatory standards.
Key elements include:
• Alignment with State Law
o Prohibits smoking in enclosed workplaces consistent with Labor Code § 6404.5 o Incorporates cannabis and electronic smoking devices into the definition of smoking o Establishes buffer zones consistent with state requirements • Local Enhancements
o Prohibits smoking in recreational areas, including parks and playgrounds o Prohibits smoking at public events with a clear City nexus (City property or Cityfunded/sponsored events) o Addresses tobacco product waste and ash receptacles
o Establishes a compliance framework emphasizing education and voluntary compliance • Clarifications and Refinements
o Retains exemptions for private residences (consistent with state law) o Allows for limited, designated employee smoking areas at City facilities, where permitted by law
o Clarifies that education and enforcement activities are discretionary and subject to available resources
o Refines enforcement language to avoid creating mandatory enforcement obligations
3. Consistency with State Law
The proposed ordinance is structured to align with current California law while exercising the City’s authority to regulate outdoor environments and public spaces.
State law:
• Requires prohibition of smoking in enclosed workplaces • Establishes a 20-foot buffer at public building entrances • Allows local jurisdictions to adopt additional restrictions in outdoor and shared-use areas The proposed ordinance maintains consistency with these requirements while extending protections to parks, events, and other public environments.
4. Enforcement Approach
The ordinance emphasizes a practical and enforceable framework that prioritizes:
• Education and voluntary compliance
• Responsibility of property owners, employers, and event organizers Item #04
• Discretionary enforcement by the City based on available resources •
Importantly, the ordinance clarifies that:
• The City is not required to actively enforce all provisions at all times • Failure to enforce in any particular instance does not create liability • Enforcement actions remain discretionary
5. Structural Improvements (Renumbering and Format)
The ordinance has been fully reformatted to comply with the City’s standard numbering convention. Due to inconsistencies in the existing code structure, a repeal-and-replace approach was necessary to ensure clarity, usability, and consistency going forward.
A redlined version is also provided for transparency, showing all changes from the existing ordinance.
Environmental Review:
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that adoption of the ordinance will have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)).
Legal Review:
The City Attorney’s office has reviewed and approved as to form.
Fiscal Analysis:
No significant fiscal impact is anticipated. Implementation will primarily rely on existing staff resources and integration into current operations. Education and enforcement activities will be conducted at the City’s discretion and subject to available resources.
Attachment:
1. Ordinance No. [XXXX] (Clean Version)
2. Proposed Ordinance (Redline Version)
3. March 20, 2026 Memorandum to Council