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Home My WebLink About7A-Ordinance-Amended ORDINANCE NO. 11-_______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE X CHAPTER 1 OF THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 10128 TO PROHIBIT SMOKING IN PUBLIC PARKS AND DURING CITY-SPONSORED EVENTS, EXCEPT IN DESIGNATED AREAS, WHEREAS, according to a study conducted by the University of California San Francisco and Stanford University, levels of second hand smoke exposure outdoors can reach levels attained indoors depending on the direction and amount of wind and number and proximity of smokers; WHEREAS, according to a 2008 article entitled, “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios and in Motor Vehicles”, to be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two-lane road; WHEREAS, it is the intent and purpose of the City Council prohibit smoking and to control exposure to secondhand smoke in City parks and recreational areas in the City of Downey, particularly where non-smokers and children are present, and to provide designated areas in City Parks where smoking may take place; WHEREAS, it is further the purpose of this Ordinance to protect the public health, safety and welfare by prohibiting smoking and tobacco use around non- smokers and children participating in City-sponsored events, except in designated areas; and WHEREAS, the provisions of this Ordinance are intended to be a supplement to existing State law smoking prohibitions and restrictions. NOW, THREREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. Article X, Chapter 1 of the Downey Municipal Code is amended to add Section 10128 to read as follows: SECTION 10128. SMOKING PROHIBITED A. Smoking within any City Park is prohibited, except in areas of a City Park designated for smoking. 1 ORDINANCE NO. PAGE TWO B. Smoking during any City-sponsored Event is prohibited, except in areas designated by city staff for smoking. C. Posting of Signs. For purposes of subsection (A), the City shall: (1) Install “No Smoking” signs, with letters of no less than one inch in height and including the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar. Such signs shall be clearly and conspicuously posted and maintained at all entrances to a City Park, and additional signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying the City Park that smoking is prohibited, except where designated within the area. (2) Install “Smoking” signs, in the area of a City Park designated for smoking. The “Smoking” sign shall be designed in a manner that will reasonably inform individuals occupying the City Park that smoking is permitted within a designated area. Such signs shall be clearly and conspicuously posted in the area of a City Park designated for smoking. D. For purposes of this Section 10128, the following words listed herein shall have the following meaning: (1) “City Park” means any outdoor area, owned or operated by the City of Downey which is open to the general public for primarily recreational purposes, regardless of any fee or age requirement, including, but not limited to, picnic areas, playgrounds, sports or athletic fields, walking paths, gardens, hiking trails, bike paths, skateboard parks and dog parks. A City Park shall not include a golf course, any paved public sidewalk immediately abutting the boundary of the City Park, or any parking area within the boundaries of a City Park. (2) “City-sponsored Events” means an event which the City of Downey plans, administers, coordinates, and finances, and which is held upon property owned by the City of Downey. (3) “Smoking” or “to smoke” means the possession of a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including a lighted pipe, cigar, hookah pipe, or cigarette of any kind; and the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including a pipe, cigar, hookah pipe, or cigarette of any kind. 2 ORDINANCE NO. PAGE THREE (4) “Tobacco paraphernalia” means cigarette papers or wrappers, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing or consumption of tobacco products. (5) “Tobacco product” means: (i) Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (ii) Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. E. The provisions of this Article shall not apply to any person acting in a scene of a live performance production or a film or television production, as long as a film permit has been obtained if required pursuant to the Downey Municipal Code. F. A violation of this Section 10128 shall be prosecuted as an infraction. G. In the event of any conflict between this Section and any other provision of this Code, this Section shall prevail. SECTION 2. The City Council finds, pursuant to State CEQA Guidelines Section 15378(a), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a “Project” as defined by CEQA. This Ordinance is further exempt from environmental review pursuant to the “general rule” under the State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. SECTION 3 . If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of 3 ORDINANCE NO. PAGE FOUR the remaining portions of this Ordinance. The City Council 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, phrases, or portions be declared invalid or unconstitutional. SECTION 4. The Interim City Clerk shall certify to the adoption of this Ordinance and cause the same to be published and posted in the manner required by law. APPROVED AND ADOPTED this ____day of_________, 2011. ______________________ LUIS H. MARQUEZ, Mayor ATTEST: ______________________________ JOYCE DOYLE, Interim City Clerk 4 ORDINANCE NO. PAGE FIVE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 11 -_______ was introduced at a regular meeting of the City Council of the City of Downey held on the 8th day of November, 2011, and adopted at a regular meeting of the City Council of the City of Downey held on the ___ day of ___, 2011, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 11 -________, was published in a newspaper of general circulation in the City of Downey, on November 10, 2011 (after introduction), and on ________, 2011 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. ______________ JOYCE DOYLE, Interim City Clerk 5