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Home My WebLink About50A - ORDINANCE AMENDING CHAPTERS 18 AND 31 MUNICIPAL CODE PROHIBITING SMOKING REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 17, 2012 TITLE: APPROVED ? As Recommended ORDINANCE AMENDING CHAPTERS 18 ? As Amended AND 31 OF THE SANTA ANA MUNICIPAL El Ordinance on 1St Reading ? Ordinance on 2"d Reading CODE PROHIBITING SMOKING IN CITY ? Implementing Resolution PARKS ? Set Public Hearing For - CONTINUED TO r'r J FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt an ordinance amending Chapters 18 and 31 of the Santa Ana Municipal Code prohibiting smoking in City parks. 2. Approve and adopt the Categorical Exemption for Environmental Review No. 2011-25. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) is committed to providing Santa Ana families with clean, safe, and healthy parks and facilities. According to California Health and Safety Code (104350-104495), smoking is the single most important source of preventable disease and premature death in California. California State Law (Health and Safety Code 104495) already protects tot lots and play areas in parks from secondhand smoke. This proposed ordinance would extend the park non-smoking area to the perimeter sidewalks at all City parks. Currently six Orange County cities, 107 California cities/counties and 478 United States Cities/counties have adopted ordinances making local parks smoke free. In Orange County, the cities of Laguna Beach, Laguna Hills, Laguna Woods, and Seal Beach have adopted ordinances. Based on reports provided to CCAP, the ordinances enacted by cities have been self-enforcing. Eighty-six percent of Californians do not smoke and prefer not to be exposed to second hand smoke. This public expectation and appropriate signage have contributed towards successful implementation of these ordinances with minimal city resources. PRCSA presented the Non-Smoking Ordinance to the Board of Recreation and Parks on March 23, 2011, and the PREY Council Committee on November 28, 2011 and both the board and the committee recommended approval of the proposed ordinance. Upon adoption of this ordinance, the Parks, Recreation and Community Services Agency will provide and install adequate signage and utilize Park Rangers and park staff to ensure successful implementation and compliance with I i 5OA-1 Ordinance Amending Chapters 18 and 31 of the Santa Ana Municipal Code January 17, 2012 Page 2 the ordinance as part of their regular duties. The signs are estimated to cost $3,150. Categorical Exemption for Environmental Review No. 2011-25 will be filed with the County Clerk/County of Orange. FISCAL IMPACT Funds for this item are available in the Park Services Operating M&S Buildings/Grounds account (no. 01113250 63200). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Moue t Francisco G utierrez Executive Dire or Executive Director( Parks, Recreation and Community Finance and Management Services Agency Services Agency 5OA-2 Iss:3/11 /11 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 AND CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING SMOKING IN CITY PARKS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. This Ordinance is necessary to protect the public health and welfare from the harmful health effects associated with secondhand smoke by regulating smoking in public parks. B. Studies have shown that breathing secondhand tobacco smoke is a significant health hazard for several populations, including children, elderly people, individuals with cardiovascular disease, individuals with impaired respiratory function, asthmatics, and those with obstructive airway disease. C. The Surgeon General of the United States found in a 1986 report that secondhand tobacco smoke is a cause of lung disease, including lung cancer, in healthy nonsmokers. The Surgeon General further found that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand tobacco smoke. D. Nonsmokers with allergies, respiratory disease, and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of reactions to secondhand tobacco smoke. E. The Environmental Protection Agency (EPA) has designated secondhand smoke as a Class A carcinogen and a significant cause of respiratory problems in children. 50A-3 Section 2: Santa Ana Municipal Code Chapter 18, Article II, Division 1 is hereby amended to read in full as follows (new language in bold, deleted language in strikeout, for tracking purposes only): ARTICLE II. PUBLIC SMOKING REGULATIONS DIVISION 1. CITY BUILDINGS AND PARKS Sec. 18-39. Definitions. (1) City building means a building, or portion of a building, owned, leased or otherwise occupied by the city. (2) Park means any public park or recreation or playground area, including Class I Bike Trails and paseos, or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area, whether or not such areas have been formally dedicated to such purpose. (3) Smoke or smoking as used in this Article II shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (4) Stadium means the Eddie West Field-Santa Ana Stadium. i (5) Zoo means the Santa Ana Zoo at Prentice Park. Sec. 18-40. Prohibition in city buildings, parks, stadium and zoo. (a) Except as otherwise provided in subsection (b) below, no person shall smoke in any city building, park, stadium or zoo. Violation of this section shall be an infraction as specified in Section 19.6 of the Penal Code of the State of California. (b) Subsection (a) above shall not apply to the following areas: (1) Open-air entryways, courtyards or balconies. (2) Parking structures. (3) Any area of a building occupied by a tenant pursuant to a lease 5OA-4 agreement with the city. Sec. 18-41. Duty to post signs. "No smoking" signs shall be conspicuously posted in every room, building, or other place where smoking is prohibited by this article, by the department head, operator, manager, or other person having control of such room, building, or other place. Section 3: Santa Ana Municipal Code Section 31-1 is hereby amended to read in full as follows: Sec. 31-1. Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. (1) The words "amplified sound" mean music or speech projected or transmitted by artificial means including, but not limited to, amplifiers, loudspeakers or any similar devices. (2) The word "department" means the recreation and parks department of the City of Santa Ana. (3) The word "director" means the director of the recreation and parks department. (4) The word "park" means any public park or recreation or playground area, including Class I Bike Trails and paseos, or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area, whether or not such areas have been formally dedicated to such purpose. (5) The word "pollution" means the contamination or other alteration of the physical, chemical or biological properties of park waters. (6) The word "smoke or smoking" shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (67) The word "stadium" means the Eddie West Field-Santa Ana Stadium. 5OA-5 (78) The word "vehicle" includes any wheeled device or conveyancy, whether propelled by motor, animal or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the city. (89) The word "zoo" means the Santa Ana Zoo at Prentice Park. Section 4: Santa Ana Municipal Code Section 31-2 is hereby amended to read in full as follows (new language in bold, deleted language in strikeout, for tracking purposes only): Sec. 31-2. Prohibited conduct. The conduct described in sections 31-2.2 through X831-2.19 shall be prohibited within the exterior boundary lines of any public park unless specifically allowed through the issuance of a permit pursuant to the requirements of section 31-3. The conduct described in sections 31-2.1 through 31-2.18 shall be prohibited in the stadium or zoo unless inconsistent with the terms and conditions of uses permitted by a contract approved by the city council. Section 5: A new Section 31-2.19 is hereby added to the Santa Ana Municipal Code to read in full as follows: Sec. 31-2.19. Smoking prohibited in parks, stadium and zoo. Smoking is prohibited and is unlawful within the boundaries of any park, stadium or zoo. Section 6. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15321, Class 21, as the project involves an enforcement action by a regulatory agency for an inspection program. A Categorical Exemption for Environmental Review No. ER-2011-025 will be filed for this project. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that 5OA-6 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12012 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 5OA-7 5OA-8 MAYORr CITY MANAGER Miguel A. Pulido~ David N. Ream MAYOR PRO TEM CITYATTORNEY Claudia C. Alvarez I Joseph W. Fletcher COUNCIL MEMBERS t CLERK OF THE COUNCIL P. David Benavides Maria D. Hulzar Carlos Bustamante Michele Martinez Vincent F. Sarmlento SaITinaiero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 # Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Smoking Ban in Public Parks Date of Approval: 01/17/2012 Project Number(s): OA-2011-2-OA Project Location: 1 Citywide City: Santa Ana County: Orange ER Number: ER-2011-25 Project Description: This ordinance is proposed by the Parks and Recreation Department to ban smoking in public park areas. i Applicant Name: Ron Ono, City of Santa Ana Applicant Address: 20 Civic Center Plaza SANTA ANA, CA 92701 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Soboleske, Hally Exempt Status: Ministerial (Sec. 15268) Declared Emergency (Sec. 15269 (a)) Emergency Project (Sec. 15269 (b through e)) 0 General Rule (Sec. 15061(b)(3)/(5)) Statutory Exemption: 0 Categorical Exemption: Reason(s) Why Project is Exempt From CEQA: This proposed ordinance has no potential to harm the environment, but is designed to protect the natural environment and persons from potential harm from cigarette smoke. City Contact: Haily Soboleske Telephone: (714) 647-5842 Signature: Title: Date: 5OA-9 5OA-10