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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now regulates smoking in public places and places of employment, therefore, local regulations on that subject have been superceded by state law and are no longer necessary; and WHEREAS, a number of cities in California have adopted ordinances limiting smoking in outdoor venues such as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. Ordinance No. 652 Page 2 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. Ordinance No. 652 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, Ordinance No. 652 Page 4 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. Ordinance No. 652 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 ~~ City of Poway