ORDINANCE NO. 1467
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING CHAPTER 9.10 OF THE MUNICIPAL CODE TO REGULATE SMOKING AND COMMERCIAL TOBACCO USE
THE CITY COUNCIL OF MARYSVILLE DOES ORDAIN AS FOLLOWS:
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health threat, as evidenced by the following:
* The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 8 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone;
* Tobacco use causes disease in nearly all organ systems and is responsible for an estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic obstructive pulmonary disease deaths in the United States;
* The estimated economic damage attributable to smoking and exposure to secondhand smoke in the United States is nearly $300 billion annually;
* Despite significant progress, tobacco use remains the leading cause of preventable death and disease in the United States, and
WHEREAS, tobacco use is the number one cause of preventable death in California and continues to be an urgent public health issue, as evidenced by the following:
* An estimated 39,950 California adults die each year from smoking-related diseases;
* Smoking costs California about $15.4 billion annually in direct health care expenses and $3.85 billion in Medicaid costs, with an additional $28.1 billion in productivity losses from smoking-caused illness and premature death;
* Smoking is responsible for roughly 1 in 7 deaths in California and remains a leading cause of cancer, cardiovascular, and respiratory disease deaths among adults;
* From 2018–2022, Yuba County’s lung and bronchus cancer death rate was approximately 33 per 100,000 residents, higher than the California statewide rate of about 23 per 100,000, and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following:
* In 2006, the U.S. surgeon general concluded that there is no risk-free level of exposure to secondhand smoke;
* In 2006, the California Air Resources Board identified secondhand smoke as a toxic air contaminant, in the same category as the most toxic automotive and industrial air pollutants, and a serious health threat for which there is no safe level of exposure;
* In 2006, the California Environmental Protection Agency added secondhand smoke to the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm;
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the following:
* Levels of secondhand smoke exposure outdoors can reach levels recognized as hazardous, depending on direction and amount of wind, number and proximity of smokers, and enclosures like walls or roofs;
* Smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the “hazardous” range on the United States EPA’s Air Quality Index; and
* To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move 20 to 29 feet away from the source of the smoke, about the width of a two-lane road;
WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following:
* Since 1964, approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke;
* Secondhand smoke was responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year during 2005–2009 in the United States;
* Research indicates that exposure to secondhand smoke increases the risk of coronary heart disease by 25% to 30% and increases the risk of stroke by 20% to 30%; and
* Secondhand smoke kills more than 400 infants every year;
WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:
* Research has found electronic smoking device aerosol contains at least 12 chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;
* Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;
* Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;
* Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences serious concerns;
WHEREAS, secondhand cannabis smoke has been identified as a health hazard, as evidenced by the following:
* The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer;
* Cannabis smoke contains at least 33 known carcinogens;
* In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance; and
* A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects;
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and can reduce medical costs; these outcomes, consistently demonstrated in peer- reviewed research, include the following:
* Reduced prevalence of tobacco use;
* Reduced secondhand smoke exposure, as measured by self-report and laboratory analysis of biomarkers or indoor air;
* Increased cessation of tobacco use;
* Reduced initiation of tobacco use among young people;
* Fewer hospitalizations from tobacco-related diseases, such as asthma and cardiovascular disease; and
* An estimated annual savings rate in the U.S. of $148,000 to $409,000 (2011 U.S. dollars) per 100,000 people in averted secondhand smoke-related healthcare costs;
WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following:
* Smokeless tobacco use can lead to nicotine addiction;
* Smokeless tobacco use causes oral, esophageal, and pancreatic cancers;
* Smokeless tobacco use is associated with increased risk for heart disease and stroke, and stillbirth and preterm delivery; and
WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as evidenced by the following:
* The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs that produce almost 2 million tons of waste paper, cellophane, foil, and glue as well as trillions of butts littered across roadways, sidewalks, parks, and other green spaces;
* Both tobacco industry and peer-reviewed research found that most smokers admit littering their cigarette butts, for example, one study found 74.1% of smokers admitted littering cigarette butts at least once in their life and 55.7% admitted to littering them in the past month;
* In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their cigarette butts as litter;
* Cigarette butts are perennially the most common form of litter collected during cleanup programs worldwide, for example, in 2018, cigarette butts made up nearly 16% of all litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items);
* Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean;
* Non-cigarette forms of tobacco waste, such as plastic cigar tips and little cigar wrappers, also significantly contribute to litter;
* Waste from electronic smoking devices has become a recognized and growing form of litter. For example, a recent study among twelve high schools in the San Francisco Bay Area found that electronic cigarette waste made up nearly 20% (172 of 893 items) of all tobacco or cannabis product waste found on school property with the largest amount (152 items) and highest percentage (39.4%) of electronic cigarette waste observed at upper income schools; and
* As of August 2019, the U.S. Environmental Protection Agency recognizes nicotine- containing electronic smoking devices as acute hazardous waste when disposed;
WHEREAS, cigarette butts, smokeless tobacco, and electronic smoking devices pose a health threat of poisoning to young children, as evidenced by the following:
* During April 1, 2022–March 31, 2023, U.S. poison centers recorded 7,043 ecigarette exposure cases, and 87.8% of these involved children younger than 5 years.
* Recent analyses of nicotine ingestions reported to U.S. poison centers from 2010–2023 identified nearly 135,000 cases among children younger than 6 years, with most exposures occurring in the home and involving very young children;
* National data show that reported nicotine pouch ingestions among children under 6 years increased by about 763% between 2020 and 2023, contributing to a sharp overall rise in nicotine-related poisoning calls;
* Children who ingest or are exposed to nicotine-containing products can experience vomiting, nausea, drowsiness or lethargy, coughing or choking, and in rare severe cases seizure, respiratory arrest, coma, or death;
WHEREAS, exemptions and loopholes in California's smoke-free workplace laws disproportionately impact low-income communities and communities of color as well as those who work predominantly outdoors, as evidenced by the following:
* California Labor Code Section 6404.5 does not prohibit smoking in cabs of trucks, long-term care facilities, outdoor places of employment, tobacco shops, private smokers' lounges, and private residences where workers are employed. While Senate Bill 626 (effective January 1, 2024) closed the hotel guest room exemption, employees in many other sectors remain disproportionately exposed to secondhand smoke and are individuals of low-income and individuals of color;
* Among California workers employed in locations where smoking is not prohibited, 51% reported being exposed to secondhand smoke in the last two weeks, with approximately 1 in 7 California workers (14%) continuing to face needless secondhand smoke exposure at work;
* Research in California found that Hispanic/Latino nonsmoking adults have consistently reported the highest workplace secondhand smoke exposure rates (19.5%), followed by Asian/Pacific Islanders (10.5%), Black individuals (10.4%), and White individuals (9.7%), with exposure highest among those working in stores, warehouses, plants, factories, restaurants, bars, and vehicles;
* Workers in construction and extraction, transportation and material moving occupations, installation and repair, and outdoor agricultural settings experience among the highest rates of workplace secondhand smoke exposure due to outdoor work environments that are not fully covered under California's smoke-free workplace law, and these occupations disproportionately employ workers from communities of color and lower-income backgrounds;
WHEREAS, California cities and counties have the legal authority to adopt local laws that prohibit all tobacco use indoors and outdoors in areas not already covered by state law;
WHEREAS, state law prohibits smoking within within 20 feet of public (state, county, city, or community college district) buildings, among other locations, and expressly authorizes local communities to enact additional restrictions;
WHEREAS, there is broad public recognition of the dangers of secondhand smoke and support for smoke-free air laws, as evidenced by the following:
* A 2017 survey of California adults found that an overwhelming majority agree that secondhand smoke causes cancer and 82.1% agree that aerosol and vapor from electronic smoking devices are harmful;
* A 2018 survey of California adults found widespread public agreement that smoking should not be allowed at public beaches (78%); and
* In a 2015 survey of California voters, 70% supported prohibiting electronic smoking device use where smoking is prohibited;
98% of Marysville residents expressed support for a comprehensive smokefree policy covering outdoor environments, and public spaces, according to American Lung Association 2024 survey,
WHEREAS, as of January 2019, there are more than 235 California cities and counties with outdoor secondhand smoke ordinances;
WHEREAS, as of January 2024, approximately 400 California municipalities across 53 counties have enacted ordinances regulating smoking, including electronic smoking devices, in one or more outdoor public places such as parks, recreational facilities, beaches, outdoor workplaces, restaurant and bar patios, transit waiting areas, and public events;
WHEREAS, there is no Constitutional right to smoke; and
NOW THEREFORE, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by affirming and promoting a healthy environment in the City.
THE CITY COUNCIL OF MARYSVILLE DOES ORDAIN AS FOLLOWS:
SECTION ONE
Chapter 9.10 of the City of Marysville Municipal/County Code is hereby amended to read as follows:
Section 9.10.010 DEFINITIONS.
The following words and phrases, whenever used in the ordinance codified in this chapter, shall be deemed to have the meanings set forth in this section, unless it shall be apparent from the context that they have a different meaning.
(a) “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.
(b) “City-funded public events” means any event that is open to the general public and that receives monetary or non-monetary assistance from the City, regardless of any fee or age requirement and regardless of whether it is held at a privately or publicly owned place.
(1) Monetary assistance includes, but is not limited to, sponsorships and grants.
(2) Non-monetary assistance includes, but is not limited to, in-kind contributions such as the use of City equipment, facilities, or personnel.
(c) “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
(d) “Employee” means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
(e) “Employer” means any person or nonprofit entity that retains the service of one or more employees.
(f) “Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
(g) “Person” means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.
(h) "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms, employee cafeterias and hallways. A place of employment does not include:
(1) Theatrical production sites, if smoking is an integral part of the story in the theatrical production;
(2) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted; or
(3) Private residences, except for private residences licensed as family day care homes where smoking is prohibited pursuant to Section 1596.795 of the Health and Safety Code.
(i) “Public event areas” means any publicly owned place used for an event that is open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair, or festival.
(j) “Recreational area” means any publicly owned area, including streets and sidewalks located within the area, that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.
(k) “Smoke” or “Smoking” means:
(1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;
(2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or
(3) using an electronic smoking device or hookah.
(l) “Tobacco product” means:
(1) any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
(3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
(m) “Tobacco product waste” means any component, part, or remnant of any tobacco product. Tobacco product waste includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.
(n) “Tobacco use” means the act of smoking or the consumption of any other tobacco product in any form.
(o) “Unenclosed area” means any area that is not an enclosed area.
SECTION TWO
Section 9.10.020 PROHIBITION OF SMOKING AND COMMERCIAL TOBACCO USE IN ENCLOSED PLACES.
Smoking and tobacco use shall be prohibited in all enclosed places of employment and all areas available to and customarily used by the general public including city-owned facilities and all businesses patronized by the public, including, but not limited to, retail stores, hotels and motels, pharmacies, banks, and other business offices.
SECTION THREE Repeal and Replacement
Section 9.10.030, Section 9.10.040, Section 9.10.050 and Section 9.10.060 of the Municipal Code is hereby repealed and replaced in its entirety to read as follows:
Section 9.10.030 PROHIBITION OF SMOKING AND COMMERCIAL TOBACCO USE IN UNENCLOSED AREAS.
(a) Smoking and tobacco use is prohibited in the unenclosed areas of the following places within the City of Marysville:
(1) Recreational areas;
(2) Public event areas; or
(3) any place that is being used for a city-funded public event for the duration of the event.
(b) Nothing in this Chapter prohibits any person or employer with control over any property from prohibiting smoking and tobacco use on any part of such property, even if smoking or tobacco use is not otherwise prohibited in that area.
(c) It is not a violation of this Chapter to use tobacco as part of a Native American spiritual or cultural ceremony.
Section 9.10.040. SMOKE-FREE BUFFER ZONES.
Smoking in all unenclosed areas shall be prohibited within 20 feet from any area in which smoking is prohibited under Section 9.10.030 of this Chapter or by any other law. This prohibition shall not apply to unenclosed areas of private residential properties that are not multiunit residences.
Sec. 9.10.050. TOBACCO WASTE.
(a) No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking or commercial tobacco use is prohibited by law, including within twenty-five (20) feet from any area in which smoking or commercial tobacco use is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking or commercial tobacco use in violation of any provision of this Chapter.
(b) No person shall dispose of tobacco product waste within the boundaries of an area in which smoking or commercial tobacco use is prohibited.
Sec. 9.10.060. ENFORCEMENT.
(a) No person or employer shall permit smoking or commercial tobacco use in an area that is under the control of that person or employer and in which smoking or commercial tobacco use is prohibited by this article or any other law.
(b) A person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this Chapter shall post a clear, conspicuous, and unambiguous “No Smoking” and “No Commercial Tobacco Use” or “Smoke-Free” and “Commercial Tobacco-Free” sign at each entrance to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol. Signs posted on the exterior of buildings to comply with this section shall include the 20-foot distance requirement set forth in Sec. 9.10.040. The presence or absence of signs shall not be a defense to a charge of smoking or commercial tobacco use in violation of any other provision of this Chapter.
(c) City staff and volunteers will be notified about the requirements of this Chapter through the employee manual.
(d) City staff will communicate the requirements of this Chapter to public event organizers. City staff will also make periodic observations of recreational areas and other City property covered by this Chapter to monitor for compliance. Anyone found by City staff to be violating this Chapter will be reminded of its requirements and asked to comply before being subject to ejection from the property.
(e) A person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this Chapter shall direct anyone who is smoking or using commercial tobacco in violation of this Chapter to extinguish the product being smoked or stop using the tobacco product. If they do not stop smoking or using the tobacco product, the person or employer shall refuse any service and shall immediately ask them to leave the property. If the ejection is from a public event, it shall be for the duration of the public event.
(f) No person or employer shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this Chapter.
(g) The City may, at its discretion and subject to available resources, provide education and outreach regarding this Chapter. Lack of such education shall not be a defense to a violation.
SECTION FOUR
Chapter 9.10.090 of the City of Marysville Municipal/County Code is hereby amended to read as follows:
Sec. 9.10.090. VIOLATIONS AND PENALTIES.
(a) Each refusal to comply with a request in violation of Secs. 9.10.060(d) or (e) may be subject to a fifty dollar ($50) administrative fine.
(b) A person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this Chapter and that fails to comply with this Chapter may be guilty of an administrative fine punishable by:
(1) A fine not exceeding one hundred dollars ($100) for a first violation.
(2) A fine not exceeding one hundred and fifty dollars ($150) for a second violation within one year.
(3) A fine not exceeding two hundred and fifty dollars ($250) for each additional violation within one year.
(c) Multiple violations of this Chapter by a person or employer that has control of an area in which smoking and commercial tobacco use is prohibited by this Chapter may result in the suspension or revocation of any permit or license issued to the person for the property on which the violations occurred.
(d) Any violation of this Chapter is hereby declared to be a public nuisance.
(e) Any violation of this Chapter may be remedied by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
(f) Each instance of smoking or commercial tobacco use in violation of this Chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this Chapter shall constitute a separate violation.
(g) The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
(h) This subsection shall not be construed to impose a duty upon the City to enforce this Chapter or to subject the City to penalties under this section.
SECTION FIVE. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application.
SECTION SIX. Effective Date
This Ordinance shall become effective thirty (30) days from and after its passage. The City Clerk is hereby authorized and directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Marysville within fifteen (15) days after the adoption of the ordinance.
This Ordinance was introduced before the City Council of the City of Marysville, County of Yuba at a duly noticed meeting of the City Council held on 21st day of April 2026 and passed and adopted at the regular meeting of said Council on the 5th day of May 2026 by the following roll call vote:
Ayes: Marjorie Rollins, Brad Hudson, Bruce Buttacavoli and Chris Branscum
Noes: None
Absent: Stuart Gilchrist
Abstain: None
May 13, 2026 Ad#00314659
