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HomeMy WebLinkAboutMC-1319 Adopted: November 16, 2009 Effective: December 17, 2009 1 ORDINANCE NO. MC-1319 2 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" 3 4 5 6 7 8 9 DO ORDAIN AS FOLLOWS: 10 11 12 13 14 15 16 17 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 18 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: 21 22 23 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. 24 25 26 cigar or tobacco, or any part of a Cigarette, Cigar or tobacco, or a Pipe or other device for 27 28 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. KC-1319 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. KC-1319 1 2 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 15 16 17 18 19 20 21 rA~Cl~ " Rachel Clark, City Clerk -rJJ-- The foregoing Ordinance is hereby approved this ~ day of November ,2009. ~ CK J. MORRI, ayor Approved as to form: 22 23 JAMES F. PENMAN City Attorney 24 25 26 27 28 i-L