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HomeMy WebLinkAbout2006-11-28 - ORDINANCES - CITY PARKS SMOKING BAN (2)ORDINANCE NO. 06-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 9.50 "TOBACCO CONTROL" OF TITLE 9 "HEALTH AND SAFETY", OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE PROHIBITION OF SMOKING IN CITY PARKS WHEREAS, the City finds that the U. S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no other addictive product or drug, or cancer-causing product or drug is sold through vending machines. Further, the U.S. Secretary of Health and Human Services, the U.S. Surgeon General and leading voluntary health organizations all recommend the elimination of cigarette vending machines for health reasons; and WHEREAS, the City finds that health hazards induced by breathing secondhand smoke also include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchioconstriction, and bronchospasm. Nonsmokers who suffer allergies, respiratory diseases and 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 such adverse reactions; and WHEREAS, the City of Santa Clarita ("City") finds that numerous studies have shown that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a significant health hazard for several population groups, including children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; it is the purpose of this ordinance that the City continue to promote public health by decreasing citizens exposure to secondhand smoke and create a smoke free environment for all citizens in City parks. For all of these reasons, the City Council finds that the provisions of this Chapter 9.50 are essential to protect the public health, safety and welfare. (Ord. 94-8, 6/14/94). THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby amends section 9.50.020 of the Santa Clarita Municipal Code to add the following definitions: "Director" means the Director of Parks, Recreation, and Communiiy Services, or other person authorized by the director pursuant to law. "Park" means every park, roadside rest, golf course, riding and hiking trail, open space easement to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed or controlled by the City and under the jurisdiction of the Director. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05)." SECTION 2. SMOKING IN CITY PARKS. The City Council hereby adds Section 9.50.055 to the Santa Clarita Municipal Code to read as follows: "9.50.055 Smoking in City Parks Except as otherwise provided, it is unlawful for any person to smoke in any park in the City of Santa Clarita." SECTION 3. SEVERABILITY. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable andJor voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 4. NON -EXCLUSIVITY. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 5. EFFECTTVE DATE. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. INTRODUCED at the regular meeting of November 14, 2006. PASSED, APPROVED AND ADOPTED this 28th day of November, 2006. ATTEST: CITY CLERK 2 I kyj FA X63 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 06-9 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of November, 2006. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 28th day of November, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Kellar, Ferry, McLean, Weste NOES: COUNCH-,MEMBERS: Smyth ABSENT: COUNCILMEMBERS: None ZA�xt P� 004'm�_ CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss. CITY OF SANTA CLARITA CERTIFICAT10N OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 06-9, adopted by the City Council of the City of Santa Clarita, CA on November 28, 2006, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this — day of —'20—. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk