HomeMy WebLinkAbout11A - ORDINANCE OF CITY COUNCIL PROHIBITING SMOKING IN CITY PARKSIss:1/31/12
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.
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Section 2: Santa Ana Municipal Code Chapter 18, Article Il, 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.
(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
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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.
(7) The word "stadium" means the Eddie West Field-Santa Ana
Stadium.
(8) The word "vehicle" includes any wheeled device or conveyancy,
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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.
(9) 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 31-2.19 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
any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
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ADOPTED this day of
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
2012
Miguel A. Pulido
Mayor
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
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