HomeMy WebLinkAbout30-City Attorney CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF
SAN BERNARDINO ADDING
f CHAPTER 8.73 RELATING TO
~-- SMOKING WITHIN 25 FEET OF
PLAYGROUNDS AND/OR TOT LOT
SANDBOX AREAS.
Dept: City Attorney
Date: March 4, 2002
Synopsis of Previous Council action:
None.
Recommended motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: James F. Penman Phone: 5355
Supporting data attached: Staff Report Wazd: ALL
FUNDING REQUIREMENTS: Amount: NONE
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
-- 3U
~s-ozez Agenda Item
3/i~/~ %'
STAFF REPORT
Council Meeting Date: March 4, 2002
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: February 21, 2002
AGENDA: March 4, 2002
Health and Safety Code § 104495 prohibits smoking and the disposal of cigazettes and
other tobacco related products within playgrounds and/or tot lot sandbox azeas. This ordinance
will expand this regulation to prohibit smoking and the disposal of cigazettes and other tobacco
related products within 25 feet of any playground and/or tot lot sandbox area.
L~' ll
1 ORDINANCE NO.
• 2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
3 8.73 RELATING TO SMOKING WITHIN TWENTY-FIVE FEET OF PLAYGROUNDS
OR TOT LOT SANDBOX AREAS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 8.73 is hereby added to the San Bernardino Municipal Code to
read as follows:
7
Chapter 8.73 Smoking Within Twenty-five Feet of Playgrounds or Tot lot Sandbox Areas.
8
Section 8.73.010 Definitions.
9
A. "Playground" means any park or recreational area specifically designed to be used
to by children that has play equipment installed, or any similar facility located on public or private
school grounds, or on any City park grounds.
11
B. "Tot lot sandbox area" means a designated play azea within a public pazk 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.
14 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 smok~r.5. containing any burning substance of any kind, including, but not limited to
tobacco, or any outer weed or plant.
17
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 (1) 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
2 o 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 cigazette described in this section. "Cigarette" also includes "roll-your-own"
tobacco, meaning any tobacco which, because of its appearance, type, packaging, or labeling is
22 suitable for use and likely to be offered to, or purchased by consumers as tobacco for making
cigarettes.
23
Section 8.73.020 Smoking Prohibited Within Twenty-Five Feet of Playground or Tot
24 Lot Sandbox Area.
2 5 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.
26
B. No person shall dispose of cigarette butts, cigar butts, or any other tobacco-related
. 2 7 waste within twenty-five feet of any playground, or tot lot sandbox area.
28
1
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8.73 RELATING TO SMOKING WITHIN TWENTY-FIVE FEET OF PLAYGROUNDS
2 OR TOT LOT SANDBOX AREAS.
3
C. Any person who violates this section is guilty of an infraction, punishable in
4 accordance with Section 1.12.010 of this Code.
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2
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
8.73 RELATING TO SMOKING WITHIN TWENTY-FIVE FEET OF PLAYGROUNDS
2 OR TOT LOT SANDBOX AREAS.
3
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a regular meeting thereof, held on
5
the _ day of Mazch, 2002, by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
ESTRADA
8
LIEN
9
MCGINNIS
to
DERRY
11
SUAREZ
12
ANDERSON
13
MCCAMMACK
14
15
16 Rachel G. Clark, City Clerk
17
18 The foregoing ordinance is hereby approved this _ day of , 2002.
19
20
21 JUDITH VALLES, Mayor
City of San Bernardino
22
Approved as to
23 form and legal content:
24 JAMES F. PENMAN.
City Attorney
25
26 By:
• 27 I
28
3
• ~ _ w.rm nlC d
* *-FOR OFFICE IISE ONLY NOT A PUBLIC DOC[1MEN'F * *
r., .:s~,:u >
,.. , . _ s.
CITY OF SAN BERNARDiNO =`CITY CLERK'S OFFICE ~"
RECORDS & INFORMATION MANAGEMENT PROGRAM _'.-' `"
AGENDA ITEM TRs KING FORM
Meeting Date/Date Adopted: .3- - ~ 2.- Item No. -3 O
Resolution/Ordinance No. /1'IC_- /I2.L Ordinance Urgency: Yes /~,/
Effective Date: ~ /fi'--0 2- Tenninatian/Sunset Date: i(J~f4
'T
Vote: Ayes: Z. ~/ S, l ~ Nays: -S
Abstain: -,~'- Absent: 2°}-
Date Sen[ to Mayor: ~-~~=0 2_- Date Retumed from Mayor: 3
/9- U z_
Date of Mayor's Signature: .3-/ 9 -G Z- Date of Clerk's Signature: 310 ~6 L
Date Summary Sent to Attorney: 3-/9 -G 2_- Dale Summary Returned from Attorney: s'
/~9-~
Date Published: 3- 2 Z--O L
Meeting Type: Date Seal Impressed:- 3~io ~D 2-
Continued Fro & Item No.
Date Sent for Signature: To Whom:
Expiration Date: Date Returned:
Copies Di ributed To: ~ C ~
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent: '
Reminder Letter Sent:
Request for Council Action & Staff Report Attac/hed: Yes No
Notes:-- ~/~~~Y~ - J~// `~~D 2,
Ready to File: Date:
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