HomeMy WebLinkAboutCC Ord 1685 2020-06-22ORDINANCE 1685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH PROHIBITING THE USE OF ELECTRONIC SMOKING
DEVICES IN PUBLIC PARKS, ON BEACHES, AND ON THE SEAL
BEACH PIER
WHEREAS, the City Council has previously determined that because tobacco use, and
the resultant exposure to secondhand smoke and other tobacco byproducts, cause
death and disease and impose great social and economic costs, smoking should be
prohibited in public parks, on the beach and the Seal Beach Pier; and
WHEREAS, the U.S. Food and Drug Administration (FDA) has preliminarily found that
the use of electronic smoking devices (commonly called "vaping") can also harmfully
affect human health, and that, because electronic smoking devices are often marketed
in appealing flavors, the use of such devices can increase nicotine addiction among
young people and may lead to their use of conventional tobacco products. Electronic
cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs,
vape pens, and similar electronic smoking devices are generally designed to look like or
be used in the same manner as conventional tobacco products; and
WHEREAS, State laws regulating tobacco and tobacco products do not, with limited
exceptions regarding smoking in the workplace, preempt or otherwise prohibit the
adoption of local standards, or enforcement of local ordinances, that impose greater
restrictions than the standards imposed therein. It is therefore the intent of the City
Council to protect public health and safety by supplementing applicable state and
federal law and not to duplicate or contradict any such law, and this Ordinance shall be
construed consistently with that intent; and
WHEREAS, the use of electronic smoking devices also can introduce a source of
combustion into areas of fire risk, such as the Seal Beach Pier.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY
ORDAINS AS FOLLOWS:
Section 1. The City Council finds that each fact set forth in the preceding recitals is
true and correct.
Section 2. Subsection I of Section 7.55.010 (Park Use Restrictions) of the Seal Beach
Municipal Code is hereby amended to read as follows (text to be added is underlined
and text to be deleted is shown in trikethFe lith):
"I. No person shall smoke. For purpose of this section 7.55.010, 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 (°si it rhe ise-hereFnafter); 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. For the purpose of this section 7.55.010, the term "smoke" also includes the
use of an Electronic Smoking Device, which is defined as an electronic or battery-
operated device, the use of which may resemble smoking and may be referred to as
"vaping," that can be used to deliver an inhaled dose of nicotine or other substances.
An Electronic Smoking Device includes the nicotine or other substances used in or
produced by any such device, whether manufactured, distributed, marketed, sold, or
given as an electronic cigarette e -cigarette, electronic cigar, electronic_ cigarillo, pipe,
hookah, or any other similar device or product name or descriptor. The term Electronic
Smoking Device does not include any medical inhaler prescribed by a licensed doctor,
or any other product specifically approved by the United States Food and Drug
Administration for use in the mitigation, treatment, or prevention of diseases. 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."
Section 3. Subsection J of Section 7.55.010 (Park Use Restrictions) of the Seal Beach
Municipal Code is hereby amended to read as follows (text to be added is underlined
and text to be deleted is shown in G+rikethro irrh):
"J. 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
butts, cigarette butts or any other tobacco -related waste, waste from Electronic Smoking
Devices as defined in Section 7.55.010(1), 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 4. Section 9.05.060 (Smoking on Pier or Beach) of the Seal Beach Municipal
Code is hereby amended to read as follows (text to be added is underlined and text to
be deleted is shown in strikethFo g_1 ):
"It shall be unlawful to smoke in or on the city pier or any public beach. 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 �-sl ilar devi F�afte-r}; 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. For the purpose of this section, the term
"smoke" also includes the use of an Electronic Smokinq Device which is defined as an
electronic or batte -o erated device the use of which maresemble smokin and ma
be referred to as "va in " that can be used to deliver an inhaled dose of nicotine or
other substances. An Electronic Smokinq Device includes nicotine or other substances
used in or Produced by any such device, whether manufactured distributed marketed
sold orgiven as an electronic cigarette, a-cigarette,electronic cigar, electronic cigarillo,
pipe. hookah or any other similar device or product name or descriptor. The term
Electronic Smoking Device does not include any medical inhaler prescribed by a
licensed doctor, or any other product specifically approved by the United States f=ood
and Drug Administration for use in the mitigation, treatment or prevention of diseases.
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."
Section 5. If any provision of this Ordinance is held invalid by a court of competent
jurisdiction, such provision shall be considered a separate, distinct and independent
provision and such holding shall not affect the validity and enforceability of the other
provisions of this Ordinance.
Section 6. The City Clerk shall certify to the adoption of this Ordinance, and the City
Clerk shall cause this Ordinance or a summary thereof to be published as required by
law.
ADOPTED by the City Council of the City of Seal Beach on this 22nd day of June, 2020,
by the following vote:
AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: None
s
Schelly Sustarsic, Mayor
ATTI�ST:
1�
loris D. arper, City Clerk
APPROVED AS TO ORM
q6�qtt�efe, City Attorney