Commission recommends citywide ban on smoking in parks, 4–1 vote

The Park Planning & Community Events Commission voted 4–1 to recommend that the City Council prohibit smoking and vaping in all city parks, and directed staff to draft an ordinance for Council consideration.

Staff presented three options: keep existing regulations that mirror state limits around playgrounds and youth activities, create designated smoking areas or expanded buffers, or ban smoking and vaping in all parks. "Currently the city follows the California Health and Safety Code, which prohibits smoking or vaping within 25 feet of a playground, park facility or youth activity," Emily Bustamante, Community Services Director, told the commission.

The commission heard enforcement guidance from the Orange Police Department. Lieutenant Pogue said calls about smoking in parks are uncommon, and that the most frequent complaints came at Pitcher Park from a single complainant. Sergeant Sellers argued a citywide prohibition would reduce ambiguity. "If you make it simply, you just can't do it anywhere in the park... it's very easy to follow and it's very easy to... educate people when you're trying to explain the rules," Sellers said. He added that a clear rule "gives us a tool to make contact with people... and potentially detain them to go further to look into something," describing it as an enforcement option when officers encounter suspected additional misconduct.

Commissioners discussed whether sidewalks or adjacent private businesses would be affected; staff and OPD clarified that the Orange Municipal Code under 12.48.165 covers parks and would not automatically restrict smoking on private property or sidewalks outside park boundaries. The city attorney said violations under the park ordinance can be treated as misdemeanors, with penalties up to $1,000 or six months in jail according to Orange Municipal Code language cited at the meeting.

Commissioner Saba moved to recommend a citywide park smoking prohibition; Commissioner Oswalde seconded. The motion passed 4–1. Bustamante said staff will draft the ordinance for Council consideration and follow up with signage and implementation planning.

The commission also discussed pairing any ban with public-health resources: Saba recommended staff explore smoking-cessation resources such as those available through the Orange County Healthcare Agency and include outreach and signage in implementation planning.

Next steps: staff will prepare an ordinance and implementation plan for City Council review; no Council action was recorded at this meeting.