A. Notwithstanding California Health and Safety Code Section 11362.5 or any preceding provisions of this chapter and Chapter 8.80 of this code, the consumption of marijuana, by or through "smoking," as defined in Section 8.80.030 of this code, is prohibited at any of the following locations to which members of the public have access:
1. Upon or within one thousand (1,000) feet of the grounds of any school or park;
2. In or within one hundred (100) feet of any building or facility to which members of the public have access, except in a health facility or clinic; or
3. Within one hundred (100) feet of any other person, other than a "primary caregiver," as that term is defined in California Health and Safety Code Section 11362.5(e).
B. As used in this section, the following definitions shall apply:
1. "School" means any institution of learning for minors, whether public or private, including any special institution of education or any nursery, elementary, middle, junior high, or senior high school. This definition does not include a vocational or professional institution of higher education, including a junior or community college, college or university.
2. "Park" means and includes all parks, parkways, malls, plazas, greenbelts, gardens, lakes and other property owned by the city and used, operated or maintained for recreational purposes.
3. "Health facility" means a facility, place or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical and mental, including convalescence and rehabilitation, or for any one of those purposes, for one or more persons, to which the persons are admitted for a twenty-four (24) hour stay or longer.
4. "Clinic" means an organized outpatient health facility which provides medical, surgical, dental, optometric, podiatric, or psychological advice, services, or treatment to patients who remain less than twenty-four (24) hours. (Ord. 2015-0008 § 4)