Tualatin, Ore. Bans Smoking in Parks

Smoking in the parks of Tualatin, a suburb of Portland, Ore., will be no more come February 1. The Tualatin Hills Park & Recreation District approved the measure Monday with a unanimous vote from its five-member board of directors.

According to The Oregonian, only one person testified—in favor of—regarding the ban. It will not introduce fines or other forms of punishment.

The law, which can be found here (18mb, .pdf), was presented as follows:

AN ORDINANCE AMENDING DISTRICT COMPILED POLICY (DCP) SECTION 7.02 TO PROHIBIT SMOKING ON AND IN DISTRICT GROUNDS, FACILITIES AND BUILDINGS.

a. The Tualatin Hills Park & Recreation District (District) board has authority under ORS 266.410 to both make and enforce regulations governing the conduct of users of the District’s grounds, facilities and buildings;
b. The Oregon Indoor Clean Air Act [ORS433.835 to 433.875 and 433.990(3) hereinafter “Act”] permits agencies such as the District to adopt and enforce regulations and restrictions on smoking that are more stringent than those found in or authorized by the Act;
c. The District Board believes smoking interferes and is inconsistent with and detrimental to the appropriate use of District’s buildings, grounds and facilities by the District’s patrons, visitors and staff;
d. The District Board believes it necessary and appropriate for the District to enact and enforce a smoking prohibition on the District’s grounds and facilities; and
e. ORS 266.450 requires that the District adopt general regulations by ordinance consistent with ORS 198.510 to 198.600.

NOW THEREFORE, THE TUALATIN HILLS PARK & RECREATION DISTRICT ORDAINS:
Section 1. The District’s Compiled Policy (DCP) Section 7.02 (attached as Exhibit A) is amended by subsections (L) and (M) and adding a new subsection (N) as follows:
(L) Hit golf balls on or into District property; or
(M) Disobey any reasonable direction or request of a District Employee or peace officer based on the DCP or during an emergency situation.;
(N) Smoke on or in any District grounds, facilities or buildings. As used in this subsection “smoke” means inhaling, exhaling, burning or carrying any lighted or heated tobacco or other non-tobacco legal/illegal smoking substance.

Tualatin is a city of over 25,00 located less than 15 miles southwest of Portland.