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HomeMy WebLinkAboutMC-1122 Adopted: March IS, 2002 Effective: April IS, 2002 1 ORDINANCE NO. Me-ll22 2 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. 4 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: 7 8 Chapter 8.73 Smoking Within Twenty-five Feet of Playgrounds or Tot lot Sandbox Areas Section 8.73.010 Definitions. 9 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. 11 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. 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 smoking, containing any burning substance of any kind, including, but not limited to tobacco, or any other 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 (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. 23 Section 8.73.020 Smoking Prohibited Within Twenty-Five Feet of Playground or Tot Lot Sandbox Area. 24 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. 26 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. 4 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: 8 9 10 11 12 13 14 15 16 /J . !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. 17 18 19 20 ~Gz~ ITH VALLES, Mayor of San Bernardino 21 Approved as to 22 form and legal content: 23 JAMES F. PENMAN, City Attorney 24 By: \k'hvA t- O p iJe,~::::h... 25 26 27 28 2