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DISCUSSION State Health and Safety Code Section 104495 was modified in August 2001, to address secondhand smoke in playgrounds, tot lots, and sandbox areas (Attachment 1). The primary purpose of this change was to protect public health from the effects of secondhand smoke. The main elements of the code include the following: . Prohibiting smoking or disposal of tobacco-related products within 25 feet of a playground or tot lot; . Prohibiting intimidation, retaliation, or similar action against a person seeking to obtain compliance with the code; . Establishing a $250 fine for each violation of the code; . A statement that these provisions do not apply to private property or to a public sidewalk located within 25 feet of a playground or tot lot. The amended State Code does not prohibit local authorities, such as cities, from enacting more restrictive conditions on playgrounds, tot lots, or sandbox area. In addition, it does not address tobacco smoking/disposal occurring more than 25 feet from play areas, or in other park amenities. Survey of other Agencies: Staff conducted a survey of 14 local agencies regarding smoking in parks, with the results summarized in Attachment 2. Five (5) of the 14 agencies surveyed have no specific regulations regarding smoking in parks, instead deferring to State law. Some agencies have adopted regulations similar to California Health and Safety Code Section 104495, and several others prohibit smoking in outdoor areas within specified distances from structures. Of all the surveyed agencies, the City of San Ramon appears to have the most restrictive regulations, as its City Manager has the discretion to post any City-owned park, trail or outdoor recreation area as "No Smoking" or "Smoke Free." Staff spoke to several agencies that indicated enforcement of regulations regarding smoking outdoors is difficult, depending on the location (i.e., open space, trails, remote parks, etc.). There is also the issue of available enforcement resources (not likely to switch Police Officer/Ranger from other duties to monitor smoking in parks). Pleasanton Enforcement Issues: In discussing this issue with Police Chief Tim Neal, he indicated that a ban on smoking in parks would be very difficult to enforce. Due to the potential for confrontations between reporting parties and violators, enforcement would likely need to be carried out by Police Officers. Dedicating officers for this purpose would require shifting them from other activities, such as patrolling residential neighborhoods and business centers, and conducting investigations. Relative to current staffing and potential viewpoints of the community, enforcing this type of violation is unlikely to be perceived as a high priority compared to handling traffic accidents, robberies, assaults, and other property/personal crimes.