HomeMy WebLinkAbout26-City Attorney
.
"
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
C i;. " :. I" \', ~ L
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino Promoting a Healthy
Environment and a Healthy Citizenry and
Calling Upon the San Bernardino Police
Department to Continue Its Enforcement
of State-Mandated Laws Which Regulate
Smoking.
From: JAMES F. PENMAN
City Attorney
Date: January 29, 2002
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt Resolution.
.t
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
Agenda Iterr
1tJ~
3/r//)~
-l2cs(,='" Z(CZ . ~O
STAFF REPORT
Council Meeting Date: February 4. 2002
TO:
FROM:
DATE:
SUBJECT:
Mayor and Common Council
City Attorney's Office
January 29, 2002
Repeal of Chapter 8.72 of the San Bernardino Municipal Code relating to
smoking (Agenda Item #29); Resolution ofthe Mayor and Common Council
of the City of San Bernardino Promoting a Healthy Environment and a
Healthy Citizenry and Calling Upon the San Bernardino Police Department
to Continue its Enforcement of State-Mandated Laws Which Regulate
Smoking (Agenda Item #30).
The State of California has passed numerous laws which regulate smoking and, in the
process, has preempted local governments from adopting laws (ordinances) which are less stringent.
Chapter 8.72 of the San Bernardino Municipal Code reflects state law, but smoking issues not
covered by our ordinance are still subject to state-mandated laws. A proposal came before the
Legislative Review Committee at its January 24, 2002 meeting to amend Chapter 8.72 to reflect new
smoking laws which have taken effect over the last several years. The City Attorney's office
submitted an alternate proposal that Chapter 8.72 should be repealed in its entirety. The Legislative
Review Committee recommended that both of these proposals be referred to the full Council for
discussion and possible action.
Since the current wording of Chapter 8.72 and the proposed changes submitted to the
Legislative Review Committee would reflect state law, they are unnecessary. The District
Attorney's office has advised this office that we do not have the authority to prosecute and seek fines
for any smoking citations and that such courtroom efforts will be handled exclusively by the District
Attorney's office.
If smoking "complaints or issues" occur, they are referred to the Police Department for
handling in accordance with state law; the Police Department does not rely upon Chapter 8.72.
Having ordinances "on the books" which are duplicative of state law and unnecessary, and not relied
upon in resolving complaints or issues on their topic, results in a weakening of voluntary compliance
with other ordinances by the public and undercuts the enforcement ability of this City when it seeks
to require compliance with its other laws. For these reasons, Chapter 8.72 should be repealed.
Agenda Item #30 is submitted to restate and reinforce the City's position that it promotes a
healthy environment and a healthy citizenry. It calls upon the San Bernardino Police Department
to continue its enforcement of state-mandated laws which regulate smoking in order to help in
maintaining that healthy environment and healthy citizenry. It also references past actions taken by
the City in acknowledging the dangers of smoking in order to eliminate any confusion someone may
have between repealing an unnecessary and unenforceable smoking ordinance and in supporting
state-mandated laws which regulate smoking.
{
.
9
10
II
12
13
14
. 15
16
17
18
.
f'P0 C' r
\C~ ..
... " rt
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROMOTING A HEALTHY ENVIRONMENT AND A HEAL THY
CITIZENRY AND CALLING UPON THE SAN BERNARDINO POLICE DEPARTMENT
TO CONTINUE ITS ENFORCEMENT OF STATE-MANDATED LAWS WHICH
4 REGULATE SMOKING.
2
,
~
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
WHEREAS, reliable studies have shown that breathing secondhand smoke is a significant
health hazard, especially for certain population groups, including elderly people, children,
individuals with cardiovascular disease, and individuals with impaired respiratory function,
including asthmatics and those with obstructive airway diseases; and
WHEREAS, health hazards induced by breathing secondhand smoke include lung cancer,
respiratory infection, decreased exercise tolerance, and decreased respiratory function; and
WHEREAS, nonsmokers with allergies, respiratory disease and all others who suffer ill
effects of breathing secondhand smoke may experience a loss of job productivity; and
WHEREAS, by Resolution No. 97-270 the City of San Bernardino formally suppOI1ed the
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[SMOH.RES]
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 1/1
19 /II
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
HTC[SMOKE.RES]
2
.
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
meetin
6 thereof, held on the day of
7 COUNCIL MEMBERS: AYES NAYS
8 ESTRADA
9 LIEN
10 MCGINNIS
11 SCHNETZ
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
. IS
16
17
18
, 2002, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
19
20
The foregoing Resolution is hereby approved this
day of
,2002.
21
22
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
.'
26 By: L J. f~
o
27
28
HTC[SMOKE.RES]
3
!!W,'
,'- '~,',,",
,"_ ;_',", '~_=';;::r--
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3 --"\-(;:2- Item #
Vote: Ayes II d ,4- '" Nays '2,
Change to motion to amend original documents:
'd Co Resolution # ;X'C'? - i<; ()
Abstain ~- Absent -B--
Reso. # On Attachments: - Contract term: -
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: ;;; -.5
-'0':;>
Date of Mayor's Signature:
Date of ClerklCDC Signature:
i . ') -0 )-
,~-b'O ,..
Da Memo/Letter Sent for Signature:
60 Day Reminder e da
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (~85, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services
police.l Public Services Water
Notes:
NulINoid After: -
Reso. Log Updated:
Seal Impressed:
,/
./
Date Returned: ~
Yes ./ No By
-
Yes No-.L- By
Yes No~ By
Yes No ,/ .By
Yes No / By_
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: iJ:lC.... Date: ~
Revised 01/12/01