HomeMy WebLinkAbout2008-07-22; City Council; NS-894; Prohibit Smoking in City Parks Beaches and Trails...1
2
3
4
5
BEACHES AND TRAILS
6
7
8
9
10
15
16
17
23
24
25
26
27
28
ORDINANCE NO. NS-894
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTER 11, SECTION 11.32.010 OF THE
CARLSBAD MUNICIPAL CODE AND ADDING
SECTION 11.32.110 TO THE CARLSBAD MUNICIPAL
CODE TO PROHIBIT SMOKING IN CITY PARKS,
WHEREAS, the City Council is committed to keeping its public parks,
beaches and trails clean, safe, healthy and pleasant for the citizens of Carlsbad and
visitors; and
11 WHEREAS, the City of Carlsbad is also concerned with the health
12
affects of smoking and second hand smoke to its residents and visitors; and
13
WHEREAS, the United States Environmental Protection Agency has
14
classified secondhand smoke as a Class A carcinogen, the most dangerous
classification of carcinogens; and
WHEREAS, scientific studies have concluded that smoking tobacco, or
any other weed or plant causes chronic lung disease, coronary heart disease, stroke,
19
18
cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to
20
cancer of the cervix, pancreas, and kidneys' and
21
WHEREAS, discarded cigarette and cigar butts and litter associated22
with smoking constitute the overwhelmingly majority of litter on public beaches, parks
and trails and is unsightly, unclean, and particularly hazardous to small children who
may handle or ingest them; and
-1 -
1
2 limiting or prohibiting smoking tobacco, or any other weed or plant in outdoor venues
3 such as public parks, beaches and trails, due to public health, safety and litter
4
associated with smoking; and
5
WHEREAS, Carlsbad residents have expressed interest in the City6
7
8
9
19
20
21
23
24
25
26
27
28
WHEREAS, a number of cities in California have adopted ordinances
adopting an ordinance prohibiting smoking in public parks, beaches, and trails within
the City; and
WHEREAS, it has been determined that prohibiting smoking in public
parks, beaches and trails would protect the public health, safety and welfare by
11
reducing exposure to smoke, secondhand smoke, and smoking related litter;
12
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
13
. „ as follows:14
15
SECTION 1: That section 11.32.010 of the Carlsbad Municipal Code
16
is amended to read as follows:
17
18 11.32.010 Parks - Scope (amended)
For the purpose of this chapter, parks shall include all dedicated parks,
parks established by adverse uses, planted areas open to the general
public, parks on leased property, trails open to the general public,
planted parkways, triangles, and traffic circles maintained by the city,
except parkway strips between curb and sidewalk or behind curb,
along the several streets and highways of the city.
22
SECTION 2: That Chapter 11 of the Carlsbad Municipal Code is
amended to add section 11.32.110 to read as follows:
11.32.110 Smoking in public parks and beaches -
Prohibited
It is unlawful for any person to smoke, including emitting or
exhaling the fumes of any pipe, cigar, cigarette or any other
lighted smoking equipment used for burning any tobacco
product, weed or plant, or carry or hold a lighted pipe, cigar,
-2-
cigarette or other lighted smoking products used for burning
any tobacco product, weed or plant in a public park or public
2 beach except in areas designated by the City Manager, and
3
4
indicated by signage, as smoking areas. The provisions of this
Chapter do not apply in any circumstance where federal or
state law regulates smoking, if the federal or state law is more
restrictive.
5
C
EFFECTIVE DATE: This ordinance shall be effective thirty days after
7 its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
8
to be published at least once in a newspaper of general circulation in the City of
9
Carlsbad within fifteen days after its adoption.
11
12
13
14 //
15
16
17
18 "
19
20
21
22 //
23
24
25
26
27
28
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 15th day of July. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 22- day of July. 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
ATTEST:
LORRAINE M. WOOD, City Cle
(SEAL)