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Orange council sends proposed parks smoking ban to parks commission for study

City Council of the City of Orange · February 10, 2026
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Summary

After public comment citing safety and secondhand smoke concerns, the City of Orange council directed staff to route a proposal to prohibit smoking in city parks to the Park Planning and Community Events Commission for advisory input and possible ordinance language.

Mayor Dan Slater put a possible citywide ban on smoking in parks before the council on Feb. 10, saying he had been surprised to learn that smoking remains legal in much of the city’s parks and that a restriction could provide police another tool for addressing people causing problems in parks. “I was kind of under the assumption that smoking in our parks probably wasn't legal,” he said.

The issue brought dozens of public comments. Jonathan Swain, a resident whose HOA borders Hart Park, told the council that families no longer feel comfortable using the park because of an increase in homeless activity and cited incidents that include lewd behavior and people sleeping in public spaces. “Let me start by saying I would be in favor of that,” he said, referring to a smoking ban, while urging the council to prioritize enforcement and other neighborhood concerns first.

Speakers in favor of a ban cited scientific and public-safety rationales. Gloria Johnson noted health harms and local examples of neighboring cities that restrict smoking, telling the council that secondhand smoke is “considered a group A carcinogen by our own federal government.” James Kushan described an experience in a family park where cigar smoke disrupted a child’s play and asked the council to amend code so parks are fully smoke-free.

Council members agreed the idea merited analysis but differed on scope and enforcement. Several members — including Council Member Gillinghammer and Council Member Demetrios — supported referring the matter to the Parks Commission so that commissioners could consider definitions (which parks or areas would be fully banned, which might have designated smoking areas) and bring back a recommendation. Council Member Dimitrio emphasized the existing code already bans smoking within 25 feet of playground equipment and that any change would require ordinance amendments.

Staff noted the ordinance change would be legislative and require two readings if the council chooses to proceed. Police leaders told the dais a smoking ban could be a useful enforcement tool but cautioned about resource limits.

Action and next steps: Council directed staff to send the proposal to the Park Planning and Community Events Commission for advisory review and to return with potential ordinance language and options for enforcement. No ordinance was adopted at the Feb. 10 meeting.