HomeMy WebLinkAboutMC-1319
Adopted: November 16, 2009
Effective: December 17, 2009
1 ORDINANCE NO. MC-1319
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE CHAPTER 8.73 BY AMENDING THE TITLE
THEREOF TO READ "NO SMOKING IN PARKS"; BY AMENDING SECTION
12.80.130 BY ADDING THERETO SUBSECTION "U", AND CHAPTER 8.73 BY
ADDING THERETO SECTION 8.73.050, TO BAN SMOKING IN PARKS; AMENDING
SUBSECTION 8.73.010(C) RE: THE DEFINITION OF "PARK"; REMOVING
SUBSECTION 8.73.010(E) TO (F) RE: THE DEFINITION OF "CIGARETTE" AND
ADDING A NEW SUBSECTION (E) RE: THE DEFINITION OF "CIGAR"
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
SECTION 1. San Bernardino Municipal Code Chapter 8.73 is hereby amended by
changing the title thereof to read:
NO SMOKING IN PARKS
SECTION 2. San Bernardino Municipal Code Section 12.80.130 is hereby amended
by adding thereto subsection U to read as follows:
U.
To Smoke or engage in the act of Smoking in any Public Park in violation of San
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Bernardino Municipal Code Section 8.73.050.
19 SECTION 3. San Bernardino Municipal Code Chapter 8.73 is hereby amended by
20 adding thereto subsection 8.73.050 to read as follows:
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8.73.050 NO SMOKING IN ANY PUBLIC PARK
A. It is hereby made a violation oflaw for any person to Smoke or engage in the act
of Smoking in any Public Park.
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26 cigar or tobacco, or any part of a Cigarette, Cigar or tobacco, or a Pipe or other device for
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B.
It is hereby made a violation of law for any person to dispose of any cigarette,
smoking, in any Public Park, except in a waste disposal container designated for such purpose.
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C. Any person who violates this section is guilty of an infraction punishable in
accordance with Section 1.12.010 of this Code. Punislunent under this section shall not preclude
punislunent under any other applicable provision oflaw.
SECTION 4. San Bernardino Municipal Code subsection 8.73.0l0(C) is hereby
amended to read as follows:
"Public Park," "Park," or similar term, includes, but is not limited to, all grounds,
roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof,
under the supervision of or otherwise operated by the Parks and Recreation Department.
SECTION 5. The language currently appearing as San Bernardino Municipal Code
subsection 8.73.01O(E) is hereby re-numerated as subsection (F).
SECTION 5. Subsection 8.73.0l0(E) of the San Bernardino Municipal Code is
hereby added to read as follows:
E. "Cigar" shall have the definition as currently set forth in California Health and
Safety Code Section 104550, or its successor section, as amended.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it. regular meeting thereof, held on the
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Rachel Clark, City Clerk
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The foregoing Ordinance is hereby approved this ~ day of November ,2009.
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CK J. MORRI, ayor
Approved as to form:
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JAMES F. PENMAN
City Attorney
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