(b)
No person shall smoke a cigarette, cigar, or other tobacco-related
product within 25 feet of any playground or tot lot sandbox area.
(c)
No person shall dispose of cigarette butts, cigar
butts, or any other tobacco-related waste within 25 feet of a
playground or a tot lot sandbox area.
(d)
No person shall intimidate, threaten any
reprisal, or effect any reprisal, for the purpose of retaliating against
another person who seeks to attain compliance with this section.
(e)
Any person who violates this section is guilty of
an infraction and shall be punished by a fine of two hundred fifty
dollars ($250) for each violation of this section. Punishment under this
section shall not preclude punishment pursuant to Section 13002,
Section 374.4 of the Penal Code, or any other provision of law
proscribing the act of littering.
(f)
The prohibitions contained in subdivisions (b), (c), and (d) shall not apply to private property.
(g)
The prohibitions contained in subdivisions (b)
and (c) shall not apply to a public sidewalk located within 25 feet of a
playground or a tot lot sandbox area.
(h)
This section shall not preempt the authority of
any county, city, or city and county to regulate smoking around
playgrounds or tot lot sandbox areas. Any county, city, or city and
county may enforce any ordinance adopted prior to January 1, 2002, or
may adopt and enforce new regulations that are more restrictive than
this section, on and after January 1, 2002.
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