HomeMy WebLinkAbout2002-080
RESOLUTION NO. 2002-80
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROMOTING A HEALTHY ENVIRONMENT AND A HEALTHY
3 CITIZENRY AND CALLING UPON THE SAN BERNARDINO POLICE DEPARTMENT
TO CONTINUE ITS ENFORCEMENT OF STATE-MANDATED LAWS WHICH
4 REGULATE SMOKING,
5 WHEREAS, numerous studies have found that tobacco smoke is a major contributor to
6 indoor air pollution and the Environmental Protection Agency has conducted additional studies to
7 warrant the classification of environmental tobacco smoke or secondhand smoke as a Group A
8 carcinogen; and
9 WHEREAS, reliable studies have shown that breathing secondhand smoke is a significant
10 health hazard, especially for certain population groups, including elderly people, children,
II individuals with cardiovascular disease, and individuals with impaired respiratory function,
12 including asthmatics and those with obstructive airway diseases; and
13 WHEREAS, health hazards induced by breathing secondhand smoke include lung cancer,
14 respiratory infection, decreased exercise tolerance, and decreased respiratory function; and
15 WHEREAS, nonsmokers with allergies, respiratory disease and all others who suffer ill
16 effects of breathing secondhand smoke may experience a loss of job productivity; and
17 WHEREAS, by Resolution No. 97-270 the City of San Bernardino formally supported the
18 California State University San Bernardino-City of San Bernardino PACT to decrease tobacco
19 access to minors; and
20 WHEREAS, the City of San Bernardino became a collaborative partner of Heart Smart
21 Cities, which is designed to educate and inform the public on ways to prevent heart disease and
22 heart-related deaths, including the correlation between smoking and heart disease and heart-related
23 deaths; and
24 WHEREAS, the State of California has passed numerous laws which regulate smoking and,
25 in the process, has determined that this subject matter is of sufficient statewide importance so as to
26 preempt local governments from adopting laws which are less stringent; and
27 WHEREAS, the City's ordinance has been preempted by state law and thus is not enforced,
28 which leads to possible confusion among the City's citizenry, which is why the San Bernardino
HTC[SMOKE.RESI
2002-80
.\
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROMOTING A HEAL THY ENVIRONMENT AND A HEAL THY
2 CITIZENRY AND CALLING UPON THE SAN BERNARDINO POLICE DEPARTMENT
TO CONTINUE ITS ENFORCEMENT OF STATE-MANDATED LAWS WHICH
3 REGULATE SMOKING.
4 Police Department enforces the state-mandated laws relative to smoking complaints or possible
5 violations; and
6 WHEREAS, the City desires to have its Police Department continue to enforce the state-
7 mandated laws relative to smoking while restating and reinforcing the City's position that it
8 promotes a healthy environment and a healthy citizenry.
9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
II SECTION 1. The City of San Bernardino restates and reinforces its position as promoting
12 a healthy environment and a healthy citizenry, which necessarily requires that it continue its efforts
13 to the extent possible in endeavors such as a University-City PACT and a Heart Smart City or
14 Healthy City program, as well as other such worthy programs.
15 SECTION 2. The Mayor and Common Council of the City of San Bernardino call upon the
16 San Bernardino Police Department to continue its enforcement of regulating smoking through the
17 application of state-mandated laws which have preempted local governments.
18 /II
19 1/1
20 /II
21 /II
22 /II
23 /II
24 /II
25 /II
26 /II
27 III
28 III
HTClSMOKE.RES] 2
2002-80
, '1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROMOTING A HEALTHY ENVIRONMENT AND A HEALTHY
2 CITIZENRY AND CALLING UPON THE SAN BERNARDINO POLICE DEPARTMENT
TO CONTINUE ITS ENFORCEMENT OF STATE-MANDATED LAWS WHICH
3 REGULATE SMOKING.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a j oint regular
meetin
6 thereof, held on the 4 th day of
March
, 2002, by the following vote, to wit
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
II DERRY
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
15
16
17
18
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
(l~ .b. ~
\...- CITY CLERK
19
The foregoing Resolution is hereby approved this '.'"" day of March
,2002.
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22
'1
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/' L/CL--
n1D 'VALLES, Mayor
/,City;of San Bernardino
; .
I
l.
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By: L J. f~
o
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HTC[SMOKE.RES]
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