HomeMy WebLinkAboutORD 13-26 AMENDING CHAPTER 12.48 OF THE OMC PERTAINING TO PARKS TO UPDATE SECTIONS RELATED TO SMOKING_VAPINGORDINANCE NO. 13-26
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 12.48
OF THE ORANGE MUNICIPAL CODE
PERTAINING TO PARKS TO UPDATE SECTIONS
RELATED TO SMOKING AND/VAPING
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 12.48.015 of the Orange Municipal Code, "Streets, Sidewalks and Public Places—
Park Ordinance-- Definitions,"is hereby amended to read as follows:
12.48.015 Definitions.
For purposes of this chapter,the following terms shall have the meanings as set forth herein unless
the context in which they are used clearly indicates a contrary meaning:
Alcoholic beverage" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing one-half of one percent or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted,mixed, or combined with other substances.
Athletic facilities" shall mean those areas of a park designated for the purposes of athletic play
on or at facilities such as,but not limited to sports courts and fields.
Camping" means the use of public streets or public property for living accommodation or
habitation purposes such as sleeping activities,or making preparations to sleep,including,but not
limited to, the laying down of bedding for purposes of sleeping or using or storing personal
belongings such as non-designated City cooking equipment, camping stoves, portable barbecues,
sleeping bags,cots,beds,hammocks,extra clothing,or personal items when it reasonably appears,
in light of all the circumstances, that the participants, in conducting these activities, are, in fact,
using the public street or public property for living accommodation or habitation purposes.
Department" shall mean the City of Orange Community Services Department.
Director" shall mean the Director of the Department of Community Services or their designee.
Electronic smoking device" means any device that delivers an aerosolized or vaporized
substance to the user, including but not limited to, electronic cigarettes, vape pens, or similar
devices.
Food distribution to the public" means a temporary operation or undertaking by a person for
the purpose of offering, distributing, or dispensing with or without charge therefor, food and/or
beverages for consumption by the general public which uses the park or park facility for such
activity. This activity shall not include any contract, lease, or other agreement for a concession or
similar operation or enterprise approved by the Director or City Council.
Park" means any public park or any portion thereof, including body of water, land, recreation,
playground area, or any building thereon within the City of Orange owned and maintained by the
City as a public park whether or not such has been formally dedicated for such purpose.
Person" shall mean every person, firm, corporation, group of persons, or organization.
Pollution" means the contamination or other alteration of the physical, chemical, or biological
properties of park lands and/or waters.
Smoking"means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette,
pipe,hookah, or any plant product intended or inhalation, including cannabis.
SECTION II:
Section 12.48.120 of the Orange Municipal Code, "Streets, Sidewalks and Public Places—
Park Ordinance—Rules and Regulations,"is hereby amended to read as follows:
12.48.120 Rules and Regulations.
The Director shall issue from time to time as they deem necessary, rules and regulations to
implement the provisions of this chapter. Such rules and regulations shall have the force of law,
to the extent consistent with this Chapter and applicable law, and failure to obey such rules shall
be deemed a violation of the provisions of this chapter.
SECTION III:
Section 12.48.165 of the Orange Municipal Code, "Streets, Sidewalks and Public Places—
Park Ordinance—Prohibited Activities,"is hereby amended to read as follows:
12.48.165 Prohibited Activities.
No person shall:
A. Skateboard in any Park except in the designated areas;
B. Smoke or vape in any Park including any trail within a park,open space,recreational facility,
or parking area associated with a park. This prohibition includes the use of any lighted or
heated tobacco, nicotine, or cannabis product,and the use of any electronic smoking device;
C. Gamble in any Park;
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D. Use, sell or distribute any controlled substance in any Park, except as express authorized by
state or federal law.Nothing in this section shall be interpreted to prohibit lawful possession
of cannabis or prescription medications consistent with state law.
E. The smoking or vaping of cannabis is prohibited in all Parks pursuant to Subsection B.
SECTION IV:
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 V:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law. This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.
ADOPTED this 11 th day of August 2026.
el R. Slater, Mayor, City of Orange
ATTEST:
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Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
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Nathalie Adourian, City Attorney,
City of Orange
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
28th day of July 2026, and thereafter at the regular meeting of said City Council duly held on the
11 th day of August 2026 was duly passed and adopted by the following vote,to wit:
AYES: COUNCILMEMBERS: Bilodeau, Dumitru,Tavoularis, Gyllenhammer, Slater
NOES: COUNCILMEMBERS: Barrios
ABSENT: COUNCILMEMBERS: Gutierrez
1444.6A_XAdeA-ruot A-------
Pamela Coleman, City Clerk, City of Orange
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