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Home My WebLink AboutCC AG PKT 2005-09-12 #J (Qtv . City of Seal Beach l c) Agenda Report Ovi Date: September 12, 2005, ji p To: Honorable Mayor and City Council From: John B. Bahorski,', City Manager Subject: Proposed Smoking Ban for City Beaches and Parks SUMMARY OF REQUEST: Council Member Yost requested that an ordinance establishing a tobacco free beach be prepared for City Council consideration. Staff has prepared the attached ordinance for City Council consideration. The proposed ordinance also includes making all city parks tobacco free areas. BACKGROUND: At the August 8, 2005 City Council meeting, Council Member Yost received Council consensus to have staff prepare an ordinance making the City beaches tobacco free areas. The attached ordinance includes provisions to make all parks and beaches in the City tobacco free. Several cities in Southern California have banned smoking on beaches in an attempt to reduce the waste problems associated with discarded tobacco products and health concerns. The following cities have restricted use of tobacco products on the beach: Solana Beach, San Clemente, Manhattan Beach, Los Angeles, Santa Cruz, Capitola, Newport Beach, Long Beach, Malibu and Laguna Beach. Staff research has found the litter problem caused by smoking to be significant. In the City of San Clemente several concerned non - profit groups picked up an estimated 4,000 to 6,000 cigarette butts from San Clemente beaches on a one -day beach clean up. The litter generated from discarded tobacco products would be significantly reduced if this proposed ordinance were adopted. Once the proposed ordinance becomes effective, enforcement will begin by seeking voluntary compliance. If voluntary compliance is not achieved, then issuance of an infraction can occur. If an individual violates or fails to comply with the ordinance three times within a 12 -month period, they can then be guilty of a misdemeanor. The current fine schedule for an infraction is $50 per occurrence and a misdemeanor is $500 per occurrence. AGENDA ITEM , , FISCAL IMPACT: There is unknown revenue impact at this time. RECOMMENDATION: 1. Receive and file the staff report. 2. Introduce Ordinance Number _ , read Ordinance title and waive further reading. 3. Schedule second reading of the ordinance. ATTACHMENTS: • A. Ordinance an Ordinance of the City of Seal Beach establishing tobacco free and smoke free parks and beaches ORDINANCE NO. 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 NO SMOKING IN PUBLIC PARKS OR BEACH - 1 - 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 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 NO SMOKING IN PUBLIC PARKS OR BEACH - 2 - 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 day of , 2005. MAYOR ATTEST: CITY CLERK NO SMOKING IN PUBLIC PARKS OR BEACH - 3 - 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 on file in the office of the City Clerk, introduced at a meeting thereof held on the day of , 2005 and was passed, approved and adopted by the City Council at a meeting thereof held on the day of , 2005 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk NO SMOKING IN PUBLIC PARKS OR BEACH - 4 -