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Home My WebLink AboutCC AG PKT 2005-09-26 #F 7CLf - r • City of Seal Beach Agenda Report Date: September 26, 2005 To: Honorable Mayor and City Council From: John B. Bahors City Manager Subject: Adoption of Ordinance Number 1538 an Ordinance of the City of Seal Beach Establishing Tobacco Free and Smoke Free Parks and Beaches SUMMARY OF REQUEST: Waive further reading and adopt Ordinance Number 1538, an Ordinance of the City of Seal Beach, California Establishing Tobacco Free and Smoke Free Parks and Beaches. BACKGROUND: The City Council considered this matter on September 12, 2005 and introduced the ordinance. This is the second reading of the ordinance as required by State law. FISCAL IMPACT: Adoption of this ordinance would be a minor fiscal impact to the City. RECOMMENDATION: Waive further reading and adopt Ordinance Number 1538. Attachment: A. Ordinance Number 1538 AGENDA ITEM, F 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: § 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: § 9.05.060 Smoking on Pier or Beach. 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 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. 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: § 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, 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 any one 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 Seal Beach at a meeting thereof held on the 26th day of September , 2005. MAYOR ATTEST: CITY CLERK J Ordinance Number 1538 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 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 September , 2005 and was passed, approved and adopted by the City Council at a meeting thereof held on the 26th day of September , 2005 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members And do hereby further certify that Ordinance Number 1538 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk