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HomeHealth and Safety CodeDiv. 103Pt. 3Ch. 1Art. 1§ 104495 Playground Safety Definitions

§ 104495 Playground Safety Definitions

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 104495 Playground Safety Definitions

This law says you can't smoke or throw tobacco waste near playgrounds, sandbox areas, or youth sports events, and you can be fined $250 for each violation.

Key Takeaways

  • •No smoking or tobacco waste within 25 feet of any playground or sandbox area.
  • •No smoking within 250 feet of a youth sports event.
  • •Public sidewalks within 25 feet of a playground are exempt from the smoking ban.
  • •Violations are infractions punishable by a $250 fine per violation.
  • •Local governments can make stricter rules than this state law.

Example

A parent lights a cigarette 20 feet away from a playground while their child is playing.

Because the cigarette is less than 25 feet from the playground, the law says the parent is breaking the rule and could get a $250 fine.

How to Calculate

Allowed distance = 25 ft (playground or sandbox) or 250 ft (youth sports event). Violation occurs if actual distance < allowed distance.

  1. Measure how far you are from the playground, sandbox, or youth sports event.
  2. Compare that number to the required distance (25 ft for playground/sandbox, 250 ft for sports event).
  3. If your distance is less than the required distance, you are violating the law.

Someone is standing 30 feet away from a sandbox area and wants to smoke.

Result: 30 ft ≥ 25 ft, so smoking would be allowed (no violation).

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 104495 Playground Safety Definitions

(a) For the purposes of this section, the following definitions shall govern: (1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds. (2) “Tot lot sandbox area” means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area. (3) “Public park” includes a park operated by a public agency. (4) “Youth sports event” means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present. (5) “Smoke or smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (6) “Cigarette” means the same as defined in Section 104556. (7) “Cigar” means the same as defined in Section 104550. (8) (A) “Tobacco product” means any of the following: (i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. (B) Notwithstanding subparagraph (A), “tobacco product” does not include a nicotine replacement product approved by the United States Food and Drug Administration. (b) A person shall not smoke a cigarette, cigar, or other tobacco product within 25 feet of any playground or tot lot sandbox area. (c) A person shall not 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) A person located in the same park or facility where a youth sports event is taking place shall not use a tobacco product within 250 feet of the youth sports event. (e) A person shall not intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section. (f) 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 law proscribing the act of littering. (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. (i) This section shall not preempt the authority of any county, city, or city and county to regulate the use of a tobacco product around a youth sports event. Any county, city, or city and county may enforce any ordinance adopted before January 1, 2017, or may adopt and enforce a new regulation that is more restrictive than this section, on and after January 1, 2017. (Amended (as amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 15) by Stats. 2016, Ch. 537, Sec. 1. (SB 977) Effective January 1, 2017.)

Last verified: January 11, 2026

Key Terms

compliancefinesafetywastelienportschooldistance

Related Statutes

  • § 104400 Local Health Agency Responsibilities
  • § 130065.1 Critical Access Hospital Definition
  • § 13110.3 Lithium Battery Fire Standards
  • § 13119 Fire Safety Decorative Materials
  • § 18008.7 Multifamily Manufactured Home Definition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 104495.
View Official Source