Ord 652
ORDINANCE NO. 652
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 8.04, SECTIONS 8.04.010 THROUGH 8.04.100;
CONCERNING SMOKING IN PUBLIC PARKS AND TRAILS
WHEREAS, Chapter 8.04 of the Poway Municipal Code, entitled Smoking
Prohibited in Certain Public Places, prohibits smoking in public places and places
of employment; and
WHEREAS, state law now regulates smoking in public places and places
of employment, therefore, local regulations on that subject have been
superceded by state law and are no longer necessary; and
WHEREAS, a number of cities in California have adopted ordinances
limiting smoking in outdoor venues such as public parks and beaches, due to
public health and litter related concerns; and
WHEREAS, Poway residents have expressed interest in the City adopting
an ordinance prohibiting smoking at community recreational facilities such as
parks and trails; and
WHEREAS, it has been determined that prohibiting smoking in parks and
trails would protect the public health and welfare by reducing the risk of cigarette
caused brush fires, exposure to secondhand smoke, and cigarette related litter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY
DOES ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the adoption of this Ordinance is exempt
from the requirements of the California Environmental Quality Act (CEQA).
Section 2. The Title of Chapter 8.04 is amended to read as follows: "Smoking
Prohibited in Public Parks and Trails".
Section 3. Section 8.04.010, entitled "Purpose", is amended to read as
follows:
The City Council finds that:
A. Whereas, discarded cigarettes are one of the leading
causes of outdoor fires, including the Viejas Fire in 2001
that destroyed over 10,000 acres in Eastern San Diego
County.
B. Whereas, parks and trails in the City of Poway are high
risk areas for brush fires due to the presence of
flammable vegetation in these areas.
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C. Whereas, the 2003 Cedar Fire resulted in the destruction
of 54 homes and 6,887 acres in the City of Poway.
D. Whereas, prohibiting smoking at public parks and trails will
reduce the risk of brush fires caused by discarded
cigarettes.
E. Whereas, scientific studies have concluded that cigarette
and cigar smoking causes chronic lung disease, coronary
heart disease, stroke, and cancer.
F. Whereas, more than 440,000 people die in the United
States from tobacco related diseases every year, making
it the nation's leading cause of preventable illness.
G. Whereas, the United States Environmental Protection
Agency (EPA) has found secondhand smoke to be a risk
to public health, and has classified secondhand smoke as
a Group A Carcinogen, the most dangerous class of
carcinogen.
H. Whereas, The California Air Resources Board has
determined that secondhand smoke is a toxic air
contaminant, finding that exposure to secondhand smoke
has serious health effects including low birth-weight
babies, Sudden Infant Death Syndrom (SIDS), increased
respiratory infections in children, asthma in children and
adults, lung, sinus, and breast cancer, hearth disease and
death.
I. Whereas, public parks and trails are areas where children
are likely to congregate, gather, play andlor engage in
athletic competitions.
J. Whereas, prohibiting smoking at public parks and trails will
protect users of the parks and trails from the risks of
secondhand smoke exposure.
K. Whereas, cigarette and cigar butts and used matches
dropped in public spaces have negative environmental
impacts and degrade the aesthetic quality of those
spaces.
L. Whereas, cigarette butts are the most common type of
litter found in the City's parks and trails.
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Page 3
M. Whereas, prohibiting smoking at public parks and trails will
reduce the amount of cigarette-related litter in these public
spaces.
Now, therefore, the City Council finds that the purpose of this
Chapter is to protect the public health and welfare by regulating
smoking in public parks and trails as set forth herein.
Section 4. Section 8.04.020, entitled "Definitions", is amended to read as
follows:
A. "Public park" has the same meaning as "Parks", as set forth in
section 9.48.010 of this Code, and includes all City parks,
recreational areas, and reserves designated by the City
Council including all land, water, road improvments, parking
and facilities therein.
B. "Public trail" means all City trails designated by the City
Council including all land, water, road improvements, parking
and facilties therein.
B. "Smoke" or "smoking" means the carrying or holding of a
lighted pipe, cigar, cigarette or other lighted smoking product
or equipment used to burn any tobacco products, weed, plant,
or any other combustible substance. Smoking includes
emitting or exhaling the fumes of any pipe, cigar, cigarette, or
any other lighted smoking equipment used for burning any
tobacco product, weed, plant or any other combustible
substance.
Section 5. Section 8.04.030 entitled "Prohibitions" is amended to read as follows:
A. No person shall smoke in a public park or trail except in areas
designated by the Director of Community Services as smoking
areas.
B. The provisions of this Chapter do not apply in any circumstance
where federal or state law regulates smoking if the federal or
state law preempts local regulation, or if the federal or state law
is more restrictive.
Section 6. Sections 8.04.040 entitled "Designation of smoking areas" and
8.04.050 entitled "Optional prohibition" are repealed.
Section 7. Section 8.04.060, entitled "Posting of Signs" is renumbered to
8.04.040, and is amended to read as follows:
Permanent signs shall be installed at all City parks and City trails
indicating "This Park/Trail is a Smoke Free Zone." Smoking areas,
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as designated by the Director of Community Services, shall be
posted using clear and prominent signs.
Section 8. Section 8.04.070, entitled "Retaliation against person requesting
compliance prohibited", Section 8.04.080 entitled "Governmental entity
cooperation", and Section 8.04.090 entitled "Exceptions" are repealed.
Section 9. Section 8.04.100, entitled "Violation - Enforcement and penalties" is
amended to read as follows:
Any person who violates any provision of this chapter by smoking in a public park
or trail, in an area which is not designated as a smoking area, is guilty of an
infraction, punishable pursuant to Chapter 1.08 of this Code, or in the alternative
is subject to adminstrative enforcement pursuant to Chapter 1.10 of this Code.
This Chapter is not exclusive, and is not intended to preclude enforcement
pursuant to any other applicable law, including laws prohibiting the act of littering
or improper disposal of a cigarette or lighted substance. Nothing in this section
shall preclude any person from seeking any other remedies, penalities or
procedures provided by law.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty
(30) days after the date of this passage; and before the expiration of fifteen (15)
days after its passage, it shall be published once with the names and members
voting for and against the same in the Po way News Chieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held this 20th day of February 2007 and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 13th day of March
2007, by the following roll call vote.
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Page 5
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 652, was duly adopted by the City Council at a meeting of said
City Council held on the 13th day of March, 2007, and that it was so adopted by the
following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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City of Poway