HomeMy WebLinkAboutCC Ord 1538 2005-09-26
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ORDINANCE NUMBER
1538
AN ORDINANCE OF THE CITY OF SEAL
BEACH ESTABLISHING TOBACCO-FREE AND
SMOKE-FREE PARKS AND BEACHES
THE CITY COUNCil OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOllOWS:
Section 1. Studies have shown that breathing environmental tobacco smoke
(aka secondhand smoke) is a significant health hazard for several populations,
including elderly people and children, individuals with cardiovascular disease,
individuals with impaired respiratory function, asthmatics, and those with
obstructive airway disease. Cigarettes are a major source of litter/pollution in
public parks and beaches and a potential cause of fires. Discarding cigarettes,
cigar butts and tobacco onto the ground in City parks and beaches is unsightly,
unclean and particularly hazardous to small children who handle and sometimes
ingest them. The California legislature has found that exposure to environmental
tobacco smoke: (a) is responsible for approximately 3,000 lung cancer deaths
annually in nonsmoking adults; (b) impairs the respiratory health of hundreds of
thousands of children; (c) increases the risk of lower respiratory tract infections,
bronchitis and pneumonia, which occur in infants up to 18 months of age; (d)
increases the prevalence of fluid in the middle ear, a sign of middle ear disease;
and (e) increases the frequency of episodes and severity of symptoms of
asthmatic children.
Section 2. Health and Safety Code ~~ 118910 and 118940 permit the City to
regulate smoking in any manner not inconsistent with the Indoor Clean Air Act of
1976. Further, Health and Safety Code ~ 104495 permits the city to enact local
regulations against smoking around playgrounds. The City Council hereby
determines that the adoption of this ordinance is necessary to protect the public
health, safety and welfare of residents of and visitors to the City of Seal Beach.
Section 3. ~ 9.05.035 of Chapter 9.05 (Beaches and Piers) of Title 9 of the
Seal Beach Municipal Code is hereby amended to read as follows:
5 9.05.035 Littering.
No person shall scatter, throw, place, discharge, deposit or leave,
or cause, suffer or permit to be scattered, thrown, placed, discharged,
deposited or left, any refuse matter, waste matter, rubbish, garbage,
lighted or unlighted cigars or cigarettes, cigar or cigarette butts, any other
tobacco-related waste, effluent, carcasses or remains of any creature, or
any portion thereof, paper, empty containers, remnants of any food or
other waste, trash or broken glass, nails, tacks, dirt, or any substance or
material whose presence at such location might result in injury to any
person in or upon any public property, including without limitation any
public beach or pier. Notwithstanding the preceding, a person may
discard items in receptacles designated for such items. Violations of this
section shall constitute an infraction unless prosecuted pursuant to the
administrative citation procedure of this code.
Section 4. ~ 9.05.060 of Chapter 9.05 (Beaches and Piers) of Title 9 of the
Seal Beach Municipal Code is hereby amended to read as follows:
5 9.05.060 Smoking on Pier or Beach.
~'...\ It shall be unlawful to smoke in or on the city pier or any public
b~t.ch. For purpose of this section, the term "smoke" includes without
- <-=..)' lilTJitation the following: carrying or holding of a lighted pipe, cigar,
_ A'~~'!I~~:\\ .~_ ~garette or any other lighted smoking product or equipment used to burn
'''~..t~
Ordinance Number 1538
any tobacco product, weed, plant or another combustible substance
("similar device" hereinafter); the lighting of a pipe, cigar, cigarette or
similar device; and the exhaling of gaseous products and particles created
by the use of a lighted pipe, cigar, cigarette or similar device. No person
shall intimidate, threaten any reprisal, or effect any reprisal, for the
purpose of retaliating against another person who seeks to obtain
compliance with this section. Violations of this section shall constitute an
infraction unless prosecuted pursuant to the administrative citation
procedure of this code.
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Section 5. ~ 7.55.010 of Chapter 7.55 (Park Use Restrictions) of Title 7 (Public
Peace, Morals and Welfare) of the Seal Beach Municipal Code is hereby
amended by adding subsections I and J to read as follows:
S 7.55.010 Park Use Restrictions
I. No person shall smoke. For purpose of this section, the term
"smoke" includes without limitation the following: carrying or holding of a
lighted pipe, cigar, cigarette or any other lighted smoking product or
equipment 'used to burn any tobacco product, weed, plant or another
combustible substance ("similar device" hereinafter); the lighting of a pipe,
cigar, cigarette or similar device; and the exhaling of gaseous products
and particles created by the use of a lighted pipe, cigar, cigarette or similar
device. No person shall intimidate, threaten any reprisal, or effect any
reprisal, for the purpose of retaliating against another person who seeks to
obtain compliance with this section. Violations of this section shall
constitute an infraction unless prosecuted pursuant to the administrative
citation procedure of this code.
J. No person shall scatter, throw, place, discharge, deposit or leave,
or cause, suffer or permit to be scattered, thrown, placed, discharged, I
deposited or left, any refuse matter, waste matter, rubbish, garbage,
lighted or unlighted cigars or cigarettes, cigar butts, cigarette butts or any
other tobacco-related waste, effluent, carcasses or remains of any
creature, or any portion thereof, paper, empty containers, remnants of any
food or other waste, trash or broken glass, nails, tacks, dirt, or any
substance or material whose presence at a park might result in injury to
any person. Notwithstanding the preceding, a person may discard items
in receptacles designated for such items. Violations of this section shall
constitute an infraction unless prosecuted pursuant to the administrative
citation procedure of this code.
Section 6. If any section, subsection, clause or phrase of this ordinance is for
any reason held to be unconstitutional, or otherwise invalid such decision shall
not affect the validity of the remaining sections of this ordinance. The Council
hereby declares that it would have passed this ordinance and each section,
subsection, clause and phrase thereof irrespective of the fact that anyone or
more other sections, subsections, clauses, or phrases be declared invalid.
Section 7. The City Clerk shall cause this ordinance to be published in
accordance with applicable law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of I
Seal Beach at a meeting thereof held on the 26th day of September, 2005. ..
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ATTEST: (1_'
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CI CLERK
Ordinance Number 1538
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing Ordinance is an original copy of Ordinance Number 1538 on
file in the office of the City Clerk, introduced at a meeting thereof held on the
12th day of Seotember, 2005 and was passed, approved and adopted by the
City Council at a meeting thereof held on the 26th day of Seotember, 2005
by the following vote:
AYES: Council Members(h~~,~ ff)llLkn,ffw
NOES: Council Members ~
ABSENT: Council Members ~P'
ABSTAIN: Council Members ~.J
And do hereby further certify that Ordinance Number 1538 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
'n/At [1~
i Clerk
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Ordinance Number 1538
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24n5. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
~. ~;).
all i the year 2005.
Proof of Publication of
...............................................
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's U.M;M,A:AY':~ofIoI.;;. ,:){
,NANCE NUMBER ,1538. .. .' ..",
:ESTABLlSI:IIII.IGTO~qy.:' ;
IFREE'AND ~OKE F.RE~,. '.'
~R~..A~~t I~'.;!,";-'i" 'i
(. ...... " . ....,
OrdlnaJfitiml;et ,1538.0f.1hli
City Ok'$~,aeacih win makuli,
'.Clty ,0 !tacll. parks al\dl.
beac obacco' 'fr.i",
Enfo'. :wftl begin by seek- :
Ing 1(61 :cOinpllance. 1':voI-
unta/Y" . Is hot ael.MlIl"'
then.. issuance, of an Infractfo~
can ocicur:'ltah Indivtdual violates'.
orfals to con'dbll"1he 0Idnsnce.
a lImeii WfthiiT'I1~r'nOnth perlod':~
they can theii:b8 gu~1Y of a m~.
'demelInor. The"cun'llnt line scI1ecj.; .
'.ule fOr a.n ,infrilctlQn Is $50 per
occurrence and a misdemeanor'
!!I $500 'per occurrence. . "
.' I ~; ....,.' ," -.
Ordlriance-Nuiniler 1538 was
Introduced at. tt:ie .regular City' ,
pouncll meeting of September
*12, 2005 and anllcipated con-
'~.for~ reading and,
adopt/on,at the .regular meeting.
'of September, 26, 2005: First
reading of Ordlnance'Number
1538 was approved by the tol-
. ,Iowing.vote:' "" ...'...
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,2005.
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AYES:. Antos; L.arscin. Levitt, .
,Ybaben. Yost
:NOES: ,No,:!.e. ,~?lion carried'
Copies of Qi-dlnance,Number
'1538arll available from the ofIIce
of the City Clefk, City Hall, 211 -,'
8th Street, Seal Beach; telephone. ,
(562) 431-2527.ext. 305.
DATED THIS ,13th day 'of
September, 2005. , ,
.lJnda .Devine, City Clerk
City of Seal Beach ..
Published In the Seal Beach Sun.
, O!JI2212DOP. '
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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Ordinance Number 1538
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24n5. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
OJcber{
all in the year 2005.
Proof of Publication of
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S:U.MMARY -ORDI-.
NANCE NUMBER.153i11~' .'.
ESTABLISHING TOBACCO
FREE AND SMOKE FREE
P.~~KS AND BEACHES
:Ordlnance Number 1538 of the
City of Se~1 Beach will make all
C?J~ of S~~I. ~each parks':iind .
l:il!~ches tobacco, 'free .
~.rif6rcement will begin by seek~
mg VOluntary compliance. If vol-
u~ COITIpllance Is not acI'1iewld.
t~en Issuance of an infraction
~ occur. If an Individual violates
or.BiIs to comply wiIh the ordinance
3 times within a 12-month period
they can then be guilty of a mis:
deriJeanor: The CUIl1ll1l fine schecI-
ule for an InfractlOI1 Is $50 per
occurrence and a miSdemeanor
Is $500 per OCCurrence
Ordinance Number 1538 was
Int~duced at the ragular City
Council !T1eetlng of S-eptember
1~, 2005' and received second
re.adlng and was'a"dOpted at the
~gular City Council. meeting of
SeJ?lember 26, 2005 by the fol-
. 10!Nmg vote: . .' . .
: ....... .
AYES: ~ntos, Larson Levitt
~ben. Yosl' - ' ,
NOJ:S:~.Non~, Mollon carried
\ -.of fit .. .'~ .
G9PI~l! !If'C?~c:iiri~;;-c; Number
1538 !Ire. avallBble from the office
of the City Clerk, City Hall, 211 _
8th Street"SeaI Beach' teI~
(562)'431~2527. eJcf305 :"",:' .
O~TED.i.J.HIiF 27th~:'daY:"0-':.
S.epteml;l.er: 2005: " .
lJ.nd~'Devfne, City:Clerk '.' .
Clty:of.S.~al;Beach.:'~ .. _ .. "':..
P1:!!"06l21sl)eQ:ln.lI)e'SsIiil.BEi8i:ti Sun .
VI' 005: ....., .
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Datet at Seal Beach,
this day of
,2005.
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555