Loading...
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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: oaa,Mevr ~ounw+: FOMIYA~wWa Ilwn Tn6in{ rmn • CC Fam Nn III • lau UpOYed: 17AY19%