Imagine taking your child to your favorite park, only to find adults smoking close by and a playground littered with cigarette butts. One parent is fuming mad and asking why the city is not enforcing the law .

29 Eyewitness News investigated and found out it is illegal to smoke near a public playground. According to a state law, it is illegal to smoke within 25 feet of a playground or tot lot sandbox area. The state law has been on the books since 2005, but few people know about it.

The law says it is not only illegal to smoke a cigarette, cigar or other tobacco-related waste within 25 feet of a playground, it is also illegal to dispose of tobacco products within 25 feet of a playground.

Bakersfield resident Arthur Marroquin says when he takes his two year-old daughter Elliot to Patriots Park, adults are puffing on cigarettes with smoke drifting towards the children.

"There is a big safety issue for children. It's a wide known fact that second hand smoke can also cause cancer in non-smokers and as well as in children can produce asthma," says Marroquin.

Eyewitness News walked the playground and also found what children are picking up out of the sand ... dozens of cigarette butts discarded by smokers.

"You'll find many cigarette butts on the floor that children easily pick up, play with. I have to tell my daughter every day to stop playing with the cigarettes on the floor. It's also a health hazard when parents are actually on the sandbox with a lit cigarette, because children easily run around them and can accidently get burned."

When Eyewitness News talked to people at Patriots Park, they had no idea that it is illegal to smoke near a playground.

But there are no signs anywhere at the park to let peopel know about the law. Marroquin says that needs to change. "Unfortunately, the city parks hasn't posted the necessary signs to let the public become aware of this law."

Bakersfield City Parks and Recreation Director Dianne Hoover says it just wouldn't be practical to put up a sign for everything that's prohibited in public parks, including smoking near a playground.

"The problem with signing all the different laws that are applicable is, we would have signage all over the park you know, about no firearms, no glass containers, no smoking within 25 feet, dogs on leashes you know, all of those kinds of things," says Hoover.

Marroquin feels the city is letting children down. He says educating the public is the least the city can do.

"I think if the city of bakersfield really believes that we have beautiful parks, then i think that they'll definately do something to protect their parks, also to protect their children. so yes, i do believe the city of bakersfield should do something," says Marroquin.

Since Eyewitness News asked about the law, the city of Bakersfield says it will start letting people know about the no-smoking law in brochures it issues to residents three times a year.

The Kern County Public Parks Department is taking a different approach. Since we asked them about the law, the county said it now plans to put up signs in about a month letting people know about the no-smoking law.