Ord 766ORDINANCE NO. 766
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTIONS 8.04.010, 8.04.020, 8.04.030 AND 8.04.100 OF CHAPTER
8.04 OF THE POWAY MUNICIPAL CODE, TO PROHIBIT ELECTRONIC
CIGARETTES (E- CIGARETTES) IN OR UPON PUBLIC BUILDINGS, PUBLIC
GROUNDS, PUBLIC PARKS AND PUBLIC TRAILS
WHEREAS, it is the intent of the City Council of the City of Poway in enacting
this ordinance, to provide for the public health, safety, and welfare by regulating the
potentially dangerous behavior of smoking electronic cigarettes ( "e- cigarettes "); and
WHEREAS, there is currently minimal federal or state regulation or control of the
use of e- cigarettes; and
WHEREAS, the use of e- cigarettes in locations where other types of cigarettes,
pipes and cigars are prohibited may cause confusion and uncertainty and make it more
difficult to enforce bans on smoking; and
WHEREAS, the City Council of the City of Poway wishes to promote a smoke -
free environment for its residents, especially those with respiratory illnesses and its
youth; and
WHEREAS, the number of children under the age of 18 using e- cigarette
doubled between 2011 and 2012 to 1.78 million underage users.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 8.04 of the Poway Municipal Code is hereby amended to
read:
SMOKING AND ELECTRONIC CIGARETTES PROHIBITED ON PUBLIC
GROUNDS, AND IN PUBLIC BUILDINGS, PARKS AND TRAILS.
SECTION 2: Section 8.04.010 of Chapter 8.04 of the Poway Municipal Code is
hereby amended to read:
8.04.010 Purpose.
The City Council finds that:
A. 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;
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B. 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;
C. The 2003 Cedar Fire resulted in the destruction of 54 homes and 6,887 acres in
the City of Poway;
D. Prohibiting smoking at public parks and trails will reduce the risk of brush fires
caused by discarded cigarettes;
E. Scientific studies have concluded that cigarette and cigar smoking causes chronic
lung disease, coronary heart disease, stroke, and cancer;
F. An inordinate amount of people die in the United States from tobacco - related
diseases every year, making it the nation's leading cause of preventable illness;
G. 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. 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 syndrome (SIDS),
increased respiratory infections in children, asthma in children and adults, lung,
sinus, and breast cancer, heart disease and death;
I. Public parks and trails are areas where children are likely to congregate, gather,
play and /or engage in athletic competitions;
J. Prohibiting smoking at public parks and trails will protect users of the parks and
trails from the risks of secondhand smoke exposure;
K. Cigarette and cigar butts and used matches dropped in public spaces have
negative environmental impacts and degrade the aesthetic quality of those spaces;
L. Cigarette butts are the most common type of litter found in the City's parks and
trails; and
M. Prohibiting smoking at public parks and trails will reduce the amount of cigarette -
related litter in these public spaces.
SECTION 3: Section 8.04.020 of Chapter 8.04 of the Poway Municipal Code is
hereby amended to read:
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8.04.020 Definitions.
A. "Public grounds" means any "community services facility" and "skate park," (as
defined in PMC 9.48.010) and such other facilities and buildings owned by, or under
the control of, the City, including the Poway Performing Arts Center, and the grounds
upon which the facility, building, or structure, is located.
B. "Public park" has the same meaning as "parks," as set forth in PMC 9.48.010, and
includes all City parks, recreational areas, and reserves designated by the City
Council including all land, water, road improvements, parking and facilities therein.
C. "Public trail" means all City trails designated by the City Council including all land,
water, road improvements, parking and facilities therein.
D. "Smoke" or "smoking" means (1) 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; or (2) the carrying,
holding or use of an electronic cigarette as defined in California Health & Safety
Code Section 119405 ( "e- cigarette ") or a similar device intended to emulate
smoking, which permits a person to inhale vapors or mists that may or may not
include nicotine. "Smoking" also includes emitting or exhaling the fumes or vapor of
any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning
any tobacco product, weed, plant or any other combustible substance, or any e-
cigarette, hookah, or other similar device.
SECTION 4: Section 8.04.030 of Chapter 8.04 of the Poway Municipal Code is
hereby amended to read:
8.04.030 Prohibitions.
A. No person shall smoke in a public building, on public grounds, in a public park or
on a public 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 5: Section 8.04.100 of Chapter 8.04 of the Poway Municipal Code is
hereby amended to read:
8.04.100 Violation — Enforcement and penalties.
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Any person who violates any provision of this chapter by smoking in or upon public
buildings, public grounds, public parks or public trails, in an area which is not
designated as a smoking area, is guilty of an infraction, punishable pursuant to
Chapter 1.08 PMC, or in the alternative is subject to administrative enforcement
pursuant to Chapter 1.10 PMC. 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,
penalties or procedures provided by law.
SECTION 6: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 4th day of February 2014, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 18th day of February 2014.
Don Higginson, May
ATTEST:
Sheila'-R. Cobian, CMC, City Clerk
Ordinance No. 766
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify that the
foregoing Ordinance No. 766, was duly adopted by the City Council at a regular meeting
of said City Council held on the 18th day of February 2014, and that it was so adopted
by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Shell R. Cobian, CIVIC, City Clerk
City of Poway