Smoking and vaping in public places throughout Garden Grove like parks won’t be banned anytime soon after city officials wanted more time to review a proposed no smoking law.
The proposed ban defines smoking as the “release of gases, particles, or vapors into the air” and includes use of cigarettes, cigars, vapes and other drugs that are smoked, including cannabis, and bans the disposal of “smoking waste” like cigarette butts and vape cartridges.
Garden Grove’s original proposal would apply to all city parks, and within 50 feet of the park, including parking lots. Violators could see an initial $100 fine, followed by a $200 fine for a second violation and $300 for a third within a 12-month timeframe.
City council members pushed back consideration of the smoking ban, after concerns of clarity and enforcement were raised during last week’s meeting – voting 4-2 to push to delay adopting the ban, with Councilmembers Yesenia Muñeton and Ariana Arestegui voting against the delay and Councilmember Phillip Nguyen absent.
In the meantime, officials said they’ll review similar bans in nearby cities and review the wording of the ordinance.
At the Jan. 27 meeting, Councilmember George Brietigam said he had concerns about people disregarding the ban.
“I do get what it’s trying to do, and I applaud the work that was done on this, but I’m looking at the reality of it,” Brietigam said. “You’re not going to get cooperation, and then the police are going to have to come out.”
The proposed smoking ban comes as the city has introduced a Park Security pilot program, implementing security in Garden Grove public parks to reduce vandalism, drug use and overnight camping.
At the Jan. 27 meeting, Mayor Stephanie Klopfenstein suggested that these guards could enforce the new ban, instead of city police.
City Attorney Omar Sandoval said that it would require a change in job description and training to be carried out.
The smoking ban was spearheaded by Muñeton.
“Protecting the health and safety and overall wellbeing of our community, especially children and families who use our parks, is a key motivation behind this ordinance,” Muñeton said.
Councilmembers Brietigam, Cindy Ngoc Tran and Joe DoVinh all had concerns with enacting the smoking ban as is, with all three citing a need for clarity.
Brietigam also said California state law already bans littering and Garden Grove bans smoking near schools, calling the proposed law redundant.
DoVinh suggested signage in public parks could be updated to deter smoking, instead of banning it.
“The activism is welcome, but the consequences may be unintended, that we would get an unfair application towards smokers,” DoVihn said at the meeting. “Smokers are taxpayers too. They pay to have the use of their parks.”
Smoking and Tobacco Shops Under Fire in OC
As Garden Grove city officials mull over their proposed smoking ban, other Orange County cities have already cracked down on tobacco and vape use in public places.
[Read: No Smoking: Orange County Increasingly Bans Tobacco, Vapes in Public]
Since 2019, Irvine has largely banned smoking in public areas and privately owned common spaces, including sidewalks, trails and parking lots.
At the end of last year, Cypress approved a similar regulation, banning smoking in outdoor dining areas, public event areas and within 100 feet of schools.
The Cities of Buena Park, Laguna Beach and Dana Point all have their own bans on smoking.
Smoke shops and their sales have also been under scrutiny, as underage smoking and illegal sales of drugs like nitrous oxide and marijuana have been on the rise.
Anaheim and La Habra both placed moratoriums on new smoke shops so city officials could establish additional regulations to curb underage and illegal sales of tobacco and marijuana.
Whippets – recreational nitrous oxide – have been banned at the state level, but now cities are cracking down on loopholes that allow users to get the gas legally.
Nitrous oxide can be used as a medical anesthetic, culinary tool – being used to make whipped cream – and for car performance.
If retailers don’t ask buyers how the gas will be used, they can legally sell it.
Local bans are trying to close this loophole.
Fullerton introduced their own ban in 2025 after reporting rises in nitrous oxide related car accidents, increasing 700% over 5 years.
[Read: Fullerton Joins OC Cities Cracking Down on Whippets]
The city’s ban penalizes sellers with a $1,000 fine and/or six months in county jail.
Cities of Santa Ana, Stanton and Costa Mesa have all brought in similar bans on the inhalant.
Despite Irvine being a frontrunner in banning smoking in public, a majority of city council members voted against a whippet ban last year, because of the already-established state laws.
Michelle King is a Voice of OC Tracy Wood Reporting Fellow. Contact her at mcaitlin254@gmail.com
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