Although awareness of the law is low, it is illegal to smoke
near a public park that contains play equipment for children and
youth.
The state law was enacted Jan. 1, 2003, in an effort to stymie
secondhand smoke and tobacco exposure to children. The law,
Assembly Bill 188 and 1867, bans smoking within 25 feet of a
playground or tot lot sandbox area.
Although awareness of the law is low, it is illegal to smoke near a public park that contains play equipment for children and youth.
The state law was enacted Jan. 1, 2003, in an effort to stymie secondhand smoke and tobacco exposure to children. The law, Assembly Bill 188 and 1867, bans smoking within 25 feet of a playground or tot lot sandbox area.
“For the kids who are around there, it cuts down on secondhand smoke,” said Mike Torres, a health educator with the San Benito County Tobacco Education Program. “It also cuts down on the trash and cigarette butts in the sand (of the playgrounds). A lot of people say that kids put everything in their mouths.”
Supporters of the law argued that children are at risk of swallowing, choking or burning themselves with thrown-away butts. Also, cigarette butts are the most common litter in parks and the clean up is time consuming and costly to taxpayers, according to BREATH – The California Smoke-Free Workplaces and Communities Program.
The reasons for protecting people, especially children, from secondhand smoke include scientific evidence that proves exposure to secondhand smoke is a health risk and there is no safe level of exposure. It can also be deadly, especially for children and adults with asthma or other chronic illnesses, according to BREATH.
Educators and anti-tobacco officials argue that adult smoking behavior significantly influences youth smoking behavior – when children see adults smoking in a family-friendly place, they view the behavior as acceptable.
“Everyone we’ve talked to, they never said it was a bad law. When it involved kids, people are very supportive,” Torres said.
Last year, officials surveyed people visiting county parks to gauge awareness of the legislation. The majority of people did not know about the ban, Torres said. The tobacco education program has been handing out fliers about the ban and just received a mini-grant to help pay for signs at parks notifying park visitors of the ban.
The fine for violating the ban is $250 – more than for not wearing a seat belt. The agencies responsible for enforcement are the police and sheriff’s department, but Torres admitted that the smoking ban was not a top priority.
“I think people thought it would be self-sustaining – if a parent was there, they’d tell the person not to smoke,” Torres said.
The law also prohibits anyone from intimidating or retaliating against someone who complies with the law.
Smoking includes cigarettes, cigars and any tobacco-related product.
Supporters of the law argue that a crucial component in addressing youth smoking is to create an environment in which tobacco use is not considered the norm in adult society. Every day in California, nearly 300 children begin smoking. Of those, 200 will go on to become addicted smokers. Half of those children will die prematurely of smoking-related diseases, according to BREATH.
The law does not prevent local governments from developing ordinances that are more restrictive – the cities of Modesto, San Ramon, Berkeley, Calexico and the County of Stanislaus have passed ordinances creating smoke-free outdoor playgrounds, kiddy carnivals, zoos, tot lots, wading pools and skate parks, according to BREATH. Sacramento’s Fairytale Town and the Los Angeles Zoo restrict all smoking on their premises, according to BREATH.
Assembly Bill 188 and 1867 are also listed under the Health and Safety Code, Section 104495.
For more information, call the Tobacco Education Program at 636-4011.
