HomeMy WebLinkAboutMC-1122
Adopted: March IS, 2002
Effective: April IS, 2002
1 ORDINANCE NO. Me-ll22
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
3 8.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING
WITHIN TWENTY-FIVE FEET OF PLAYGROUNDS OR TOT LOT SANDBOX AREAS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS
6 SECTION I. Chapter 8.73 is hereby added to the San Bernardino Municipal Code to read
as follows:
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Chapter 8.73 Smoking Within Twenty-five Feet of Playgrounds or Tot lot Sandbox Areas
Section 8.73.010
Definitions.
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A. "Playground" means any park or recreational area specifically designed to be used
10 by children that has play equipment installed, or any similar facility located on public or private
school grounds, or on any City park grounds.
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B. "Tot lot sandbox area" means a designated play area within a public park for the
12 use by children under five years of age. Where the area is not contained by a fence, the boundary
of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such
13 as concrete or wood, or any other material surrounding the tot lot sandbox area.
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c.
"Public park" includes a park operated by a public agency.
15 D. "Smoke or smoking" means the igniting, inhaling, exhaling, or carrying of any
burning cigar, or cigarette of any kind, or the igniting, inhaling, exhaling or carrying a pipe or other
16 device for smoking, containing any burning substance of any kind, including, but not limited to
tobacco, or any other weed or plant
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E. "Cigarette" means any product that contains nicotine, is intended to be burned or
18 heated under ordinary conditions of use, and consists of or contains (I) any roll of tobacco wrapped
in paper or in any substance not containing tobacco; (2) tobacco, in any form, that is functional in
19 the product, which because of its appearance, the type of tobacco used in the filler, or its packaging
and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of
20 tobacco wrapped in any substance containing tobacco which, because of its appearance, the type
of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased
21 by, consumers as a cigarette described in this section. "Cigarette" also includes "roll-your-own"
tobacco, meaning any tobacco which, because of its appearance, type, packaging, or labeling is
2 2 suitable for use and likely to be offered to, or purchased by consumers as tobacco for making
cigarettes.
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Section 8.73.020
Smoking Prohibited Within Twenty-Five Feet of Playground or Tot
Lot Sandbox Area.
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25 A. No person shall smoke a cigarette, cigar, or other tobacco-related product within
twenty-five feet of the boundaries of any playground, or tot lot sandbox area.
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B. No person shall dispose of cigarette butts, cigar butts, or any other tobacco-related
27 waste within twenty-five feet of any playground, or tot lot sandbox area.
28 III
1
Me-1l22
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8.73 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SMOKING
2 WITHIN TWENTY-FIVE FEET OF PLAYGROUNDS OR TOT LOT SANDBOX AREAS.
3 C. Any person who violates this section is guilty of an infraction, punishable in
accordance with Section 1.12.010 of this Code.
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5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a regular meeting thereof, held on
7 the lSth day of March, 2002, by the following vote, to wit:
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!J-l 'L.~Iv..L 17. C~A(;Je....-
Mel G. Clark, City Clerk
The foregoing ordinance is hereby approv. d t4is jCJ~ay of March ,2002.
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~Gz~
ITH VALLES, Mayor
of San Bernardino
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Approved as to
22 form and legal content:
23 JAMES F. PENMAN,
City Attorney
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By: \k'hvA t-
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