The URL can be used to link to this page

Home My WebLink About2002-05-28 - AGENDA REPORTS - SMOKE FREE PARKS (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR DATE: May 28, 2002 City Manager Approv Item to be presented by: Adele Macphers SUBJECT: SMOKE-FREE PARKS DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council direct staff to develop a City Ordinance banning smoking and disposal of tobacco -related waste in developed City parks per the recommendation of the Parks and Recreation Commission. In July 1997, the City first received funding from the County of Los Angeles Tobacco Control Services Program for tobacco prevention and education. From 1997-2001, the City, as lead agency of the Santa Clarita Valley Tobacco Control Coalition, has worked with the County to implement a countywide Anti -Tobacco Program. In Spring 2001, the City of Santa Clarita Parks and Recreation Commission approved a policy restricting smoking on the dance floor at Concerts in the Parks. This approval was in response to smoking as a health and safety issue at these events. In April 2002, staff made a presentation to the Recreation Commission regarding AB188 passed by the California State legislature to be effective January 1, 2002. AB188 enacts state legislation restricting smoking in public parks. This legislation states: 1. No person shall smoke a cigarette, cigar, or other tobacco -related product within the boundaries of any playground or tot lot sandbox area. 2. No person shall dispose of cigarette butts, cigar butts, or any other tobacco - related waste within a playground or a tot lot sandbox area. No person shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person who seeks to attain compliance with this section. A?' • Agenda Item : �� For purposes of AB188, a playground is defined as any park or recreational area specifically designed to be used by children that has play equipment installed or any similar facility located on public or private school grounds, or on City, county, or state park grounds. A tot lot is defined as a designated play area within a public park for use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot area shall be defined by the edge of the resilient surface or any other material surrounding the area in question, including concrete, asphalt, or wood. There is pending legislation, AB1867, that would increase the fines from $100 to $250 and expand the prohibited smoking and disposal area to within 25 feet of a playground or tot lot sandbox area. The law is designed to be self -enforced by citizens and law enforcement with the focus as a citizen empowerment tool. Violation of this legislation is an infraction punished by a fine of one hundred dollars ($100) for each violation. At the April 2002 meeting, the Parks and Recreation Commission voted to recommend to City Council the development and adoption of City Ordinance extending AB188 to encompass all developed City parks. A list of developed parks within the City, as of April 15, 2002, is attached. ALTERNATIVE ACTIONS 1. Comply with AB188 and establish the smoking restricted area to be 5 feet from the edge of the resilient surface of a playground or tot lot area. 2. Ban smoking in all developed City parks with the exception of clearly identified smoking areas within each park. 3. Other action as determined by City Council. FISCAL IMPACT The anticipated cost of implementing this program is estimated to be $175 per sign. Funding for the signs is available in account 7444, Tobacco Control Services grant money from the State of California Proposition 99. The community education will be done through the City Public Information Office at no cost to the City. ATTACHMENT Assembly Bill 188 — Attachment A Developed City Parks — Attachment B PM:ada Wuncil\a mpts\5.28.02sm kefrepurk.do Attachment A BILL NUMBER: AB 188 CHAPTERED BILL TEXT CHAPTER 150 FILED WITH SECRETARY OF STATE AUGUST 6, 2001 APPROVED BY GOVERNOR AUGUST 6, 2001 PASSED THE SENATE JULY 19, 2001 PASSED THE ASSEMBLY JUNE 5, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY MAY 1, 2001 AMENDED IN ASSEMBLY APRIL 4, 2001 AMENDED IN ASSEMBLY MARCH 27, 2001 INTRODUCED BY Assembly Member Vargas (Principal co-author: Assembly Member Koretz) (Co-authors: Assembly Members Chan and Washington) FEBRUARY 7, 2001 An act to add Section 104495 to the Health -and Safety Code, relating to tobacco products.. LEGISLATIVE COUNSEL'S DIGEST AB 188, Vargas. Playgrounds: smoking. Existing law provides for the establishment of programs relating to tobacco use prevention. This bill would prohibit the smoking of any cigarette, cigar, or other tobacco -related product within a playground or tot lot sandbox area. This bill would prohibit any person from disposing of any cigarette, cigarette butts, cigar butts, or any other tobacco -related waste within a playground or tot lot sandbox area. This bill would define playground and tot lot sandbox area. This bill would also prohibit any person from intimidating, threatening any reprisal, or effecting any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with the provisions of this section. This bill would specify that it does not apply to private property. This bill would make a violation of these provisions an infraction. This bill, by creating a new infraction, would result in a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Secondhand smoke also known as environmental tobacco smoke is responsible for approximately 3,000 lung cancer deaths each year in nonsmoking adults and impairs the respiratory health of hundreds of thousands of children. (b) Secondhand smoke exposure increases the risk of lower respiratory tract infections, including bronchitis and pneumonia, which occur in infants and young children up to 18 months of age. (c) Secondhand smoke increases the prevalence of fluid in the middle ear, a sign of middle ear disease. (d) Secondhand smoke increases the frequency of episodes and severity of symptoms of asthmatic children. SECTION 2. Section 104495 is added to the Health and Safety Code, to read: (a) For the purposes of this section the following definitions shall govern: (1) "Playground" means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds. (2) "Tot lot sandbox area" means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area. (3) "Public park" includes a park operated by a public agency. (4) "Smoke or smoking" means the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant. (5) "Cigarette" means the same as defined in Section 104556. (6) "Cigar" means the same as defined in Section 104550. (b) No person shall smoke a cigarette, cigar, or other tobacco -related product within the boundaries of any playground, or tot lot sandbox area. (c) No person shall dispose of cigarette butts, cigar butts, or any other tobacco -related waste within a playground, or a tot lot sandbox area. (d) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section. (e) Any person who violates this section is guilty of an infraction and shall be punished by a fine of one hundred dollars ($100) for each violation of this section. (f) The prohibitions contained in subdivisions (b), (c), and (d) shall not apply to private property. (g) This section shall not preempt the authority of any county, city, or city and county to regulate smoking around playgrounds or tot lot sandbox areas. Any county, city, or city and county may enforce any ordinance adopted prior to January 1, 2002, or may adopt and enforce new regulations that are more restrictive than this section, on and after January 1, 2002. SECTION 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. INFORMATION ACCESSED FROM: http://www. Ieginfo.ca.gov/pub/bill/asm/ab_0151-0200/ab_188_bill_20010806_chaptered.html Attachment B CITY OF SANTA CLARITA DEVELOPED - CITY PARKS, RECREATION FACILITIES, TRAILS and OPEN SPACE Updated - April 15, 2002 CITY PARKS Almendra Park Begonias Lane Park Bouquet Canyon Park Canyon Country Park Central Park - Phase I Circle J Ranch Park Creekview Park Newhall Park North Oaks Park Old Orchard Park Santa Clarita Park Valencia Glen Park Valencia Meadows Park 4.2 Acres 4.2 Acres 10.5 Acres 16.1 Acres 40.0 Acres 5.3 Acres 5.0 Acres 14.3 Acres 2.3 Acres 4.9 Acres 7.3 Acres 6.4 Acres 6.1 Acres Total 126.6 Acres Parks Developed RECREATION FACILITIES Sports Complex - Partially Developed 58.0 Acres Community Center - Building/Parking Lot .5 Acres Total 58.5 Acres Recreation Facilities 1i3111� Class I Santa Clara River Trail (McBean to Lost Cyn) 7.1 Trail Miles Class 1 Santa Clara River Trail (McBean to Parkwood) 1.0 Trail Miles Class I Newhall Ranch Road Trail (McBean to Bouquet Crk) 2.0 Trail Miles Class I Bouquet Cyn Trail (Newhall Ranch Rd to Bouquet) .4 Trail Miles Class I South Fork Trail (Valencia Blvd to Orchard Village) 3.4 Trail Miles Class I San Francisquito-E/side (N -Ranch Rd to SC Rvr) 1.2 Trail Miles 58.5 Acres Total Class I Trails 15.1 Trail Miles *MU South Fork Trail (Magic Mtn Pkwy to Newhall Creek) 2.4 Trail Miles *MU Robinson Ranch Trail (Oak Spring Cyn to USForest) 1.8 Trail Miles Total Multi -Use Trails 4.2 Trail Miles Total 19.3 Trail Miles Developed *MU = Multi -Use Developed/ Undeveloped/ Page SUMMARY Open Space Future Sites TOTAL Pg 1 Parks Developed 126.6 Acres 126.6 Acres Pg 2 Parks Undeveloped 149.54 Acres 149.54 Acres Pg 1 Recreation Facilities 20.5 Acres 38.0 Acres 58.5 Acres Pg 2 Passive/Special Use Sites 168.75 Acres 168.75 Acres Total All Park Sites 147.1 Acres 356.29 Acres 1 503.39 Acres Pg 1 Trail Miles Developed 19.3 Trail Miles 19.3 Trail Miles Pg 2 Trail Miles Undeveloped 15.9 Trail Miles 15.9 Trail Miles 19.3 Trail Miles 15.9 Trail Miles 35.2 Trail Miles Total Trail Miles Pg 2 Open Space 554.0 Acres 554.0 Acres Total Open Space 554.0 Acres 554.0 Acres CITY OF SANTA CLARITA FUTURE - CITY PARKS, RECREATION FACILITIES, TRAILS, and OPEN SPACE Updated - April 15, 2002 CITY PARK SITES Bridgeport Park Calgrove Park Central Park - Phase II Central Park North Valencia 11 Site Oak Spring Canyon Park Pamplico Park Whites Canyon Park (Opening 2002) 16.0 Acres Santa Clara River Trail .25 Acres (Opening 2002) 40.0 Acres (Expansion) 50.0 Acres (Opening 2003) 17.6 Acres (Opening 2003) 5.7 Acres (Opening 2002) 7.6 Acres 31.6 Acres Total 168.75 Acres Sites PASSIVE/SPECIAL USE PARK SITES Chevron -Pioneer Oil (First Oil Refinery Site) Lost Canyon Park Mint Canyon Park Rivendale Park River Park Veteran's Memorial Plaza Total TRAILS Trail Miles (Estimate) Class I Santa Clara River Trail Class I Santa Clara River Trail Class I Santa Clara River Trail Class I San Francisquito-W/side Class I San Francisquito-W/side (River Park to Soledad) (River Park to Bouquet) (North Valencia -I to 1-5) (N -Ranch Rd to Decoro) (N -Ranch Rd to SC Rvr) Total Class I Trails Undeveloped 4.6 Acres 41.2 Acres 18.6 Acres 60.0 Acres 24.7 Acres .44 Acres 149.54 Acres Passive/Special Use 1.0 Trail Miles (Estimate) 4.1 Trail Miles (Estimate) .7 Trail Miles (Estimate) 1.7 Trail Miles 1.2 Trail Miles 8.7 Trail Miles (Estimate) *MU San Francisquito-E/side (N -Ranch Rd to Decoro) 1.7 Trail Miles *MU Sand Canyon Trail 3.5 Trail Miles (Estimate) *MU Placerita Canyon Trail 2.0 Trail Miles (Estimate) Total Multi-UseTrails 7.2 Trail Miles (Estimate) Total 15.9 Trail Miles Undeveloped OPEN SPACE Colmer Open Space North Valencia -1 Wetlands/Riparian North Valencia -2 Wetlands/Riparian Quigley Canyon Total *MU = Multi -Use 40.0 Acres 296.0 Acres 60.0 Acres 158.0 Acres 554.0 Acres Open Space