HomeMy WebLinkAbout2012-10-02; City Council; CS-188; Smoke-Free Outdoor Dining Ordinance MCA 12-01...EXHIBIT 1
1 ORDINANCE NO. CS-188
2 AN ORDINANCE OF THE CITY OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 6,
3 CHAPTER 6.14 OF THE CARLSBAD MUNICIPAL CODE TO
PROHIBIT SMOKING IN UNENCLOSED DINING AREAS.
4 CASE NAME: SMOKE-FREE OUTDOOR DINING ORDINANCE
CASE NO.: MCA 12-01
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The City Council of the City of Carisbad finds as follows:
SECTION I. FINDINGS.
WHEREAS, tobacco use causes death and disease and continues to be an
8 urgent public health challenge, as evidenced by the following:
• Tobacco-related illness is the leading cause of preventable death in the
9 United States,^ accounting for about 443,000 deaths each year;^ and
10 WHEREAS, secondhand smoke has been repeatedly identified as a health
hazard, as evidenced by the following:
11 • The U.S. Surgeon General concluded that there is no risk-free level of
exposure to secondhand smoke;^ and
12 , The California Air Resources Board placed secondhand smoke in the same
category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic
air contaminant for which there is no safe level of exposure;"* and
• The California Environmental Protection Agency included secondhand
smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer,
25 birth defects, and other reproductive harm;^ and
WHEREAS, exposure to secondhand smoke causes death and disease, as
evidenced by the following:
• Secondhand smoke is responsible for as many as 3,000 deaths from lung
cancer and 46,000 deaths from heart disease among nonsmokers each year in the United
18 States;® and
• Exposure to secondhand smoke increases the risk of coronary heart
19 disease by approximately thirty percent;^ and
• Secondhand smoke exposure causes lower respiratory tract infections,
20 such as pneumonia and bronchitis in as many as 300,000 children in the United States under
the age of 18 months each year;^ and exacerbates childhood asthma;^ and
' us Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: The Nation's Leading Killer. 2011,
p. 2. Available at: www.cdc.gov/chronicdisease/resources/publication.s/aag/pdf/2011/Tobacco AAG 2011 508.pdf
' US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading
Killer 2011, p. 2. Available at: www.cdc.gov/chronicdisease/resources/Duhlications/aag/pdiy2011/Tohacco A.AG 2011 508.pdt.
23 3 us Department of Health and Human Services, Office of the Surgeon General. How Tobacco Smoke Causes Disease: The Biology and
Behavioral Basis for Smoking-Attributable Disease: A Report ofthe Surgeon General. 2010, p. 9. Report highlights available at:
94 www.surgeongeneral.gov/librarv/tobaccnsmoke/factsheet.html. , .-c •
* Resolution 06-01, Cal. Air Resources Bd. (2006) at 5. Available at: www.arb.ca.gov/regact/ets2006/res0601.pdt; see also California
Environmental Protection Agency, Air Resources Board. News Release, California Identifies Secondhand Smoke as a "Toxic Air
25 Contaminant. " Jan. 26,2006. Available at: www.arb.ca.gov/newsrel/nrOl2606Jitm-
' Califomia Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Chemicals Known to the State to Cause
26 Cancer or Reproductive Toxicity. 2006, p. 8 & 17. Available at: www.oehha.ca.sov/prop65/prop65_,hst/liles/P65smsle081106.pdt
^ US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading
Killer 2011, p. 2. Available at: www.cdc.gov/chronicdisease/resources/Dublications/aag/pdf/201tAobacco AAG 2011 508.pdf
^'^ ' Bamoya J and Glantz S. "Cardiovascular Effects of Secondhand Smoke: Nearly as Large as Smoking." Circulation, 111: 2684-2698,2005.
Available at: www.circ.ahajoumals.org/cgi/content/fuU/l 11/20/2684.
28 «US Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targeting the Nation's Leading
Killer 2011, p. 2. Available at: www^cdc.gov/chronicdisease/resources/Duhlications/aag/pdf/2011/Tobacco AAG 2011 508.pdt.
1 WHEREAS, exposure to secondhand smoke anywhere has negative health
impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as
2 evidenced by the following:
• Levels of secondhand smoke exposure outdoors can reach levels attained
3 indoors depending on direction and amount of wind and number and proximity of smokers;
and 4
WHEREAS, the U.S. Food and Drug Administration conducted laboratory
5 analysis of electronic cigarette samples and found they contained ^carcinogens and toxic
chemicals to which users and bystanders could potentially be exposed;^^ and
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WHEREAS, creating smoke-free areas helps protect the health of the 86.9% of
7 Californians who are nonsmokers;^^ and
8 WHEREAS, there is no Constitutional right to smoke;^^and
9 WHEREAS, it is the intent of the City Council, in enacting this ordinance, to
provide for the public health, safety, and welfare by discouraging the inherently dangerous
10 behavior of smoking around non-tobacco users, especially children; by protecting the public
from exposure to secondhand smoke; by reducing the potential for children to wrongly associate
11 smoking with a healthy lifestyle; and by affirming and promoting a healthy environment in the
City
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' us Department of Health and Human Services, Centers for Disease Control and Prevention. Tobacco Use: Targemgjhe^'atwn's^^^^^
23 Killer. 2011, p. 2. Available at: wvyw.cdc.gov/chronicdisease/resources/publications/aag/pdt720U/Tobacco AAG 2U11 50?{.pdt.
'° Klepeis NE, Ott WR, and Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study. San
94 Francisco: University ofCalifomia, San Francisco and Stanford University, 2004, p. 80, 87. Available at: ^ , .
httn //exnosurescienr-e nrp/puh/renorts/Ontdoor E TS Final.pdf: see also Klepeis NE, Ott WR and Switzer P. Real-Time Measurement of
Outdoor Tobacco Smoke Particles." Journal ofthe Air & Waste Management Association, 57: 522-534,2007. Available at:
25 www.ashaust.org.au/pdfs/OutdoorSHS0705.pdf.
US Food and Dmg Administration. News Release, FDA and Public Health Experts Warn About Electronic Cigarettes. July 22,2009. Available
26 at: www.fda.gov/NewsEvents/Newsrooni/PressAnnouncements/ucml73222.htm.
'2 Califomia Department of Public Health, News Release, State's Latest Tobacco Ads Debut. December 20,2010. Available at:
www.cdph.cagov/Pages/NR10-099.aspx.
Public Health Law & Policy, Technical Assistance Legal Center. There Is No Constitutional Right to Smoke. 2005. Available at
wwwphlpnetorg/tobacco-control/products/there-no-constituttonal-right-smoke.
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NOW THEREFORE the City Council does ordain as follows:
SECTION 11. Chapter 6.14 of the Carisbad Municipal Code is hereby amended to read as
follows:
Chapter 6.14 - PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS
Sections:
6.14.010 - Purpose
6.14.020-Definitions
6.14.030 - Prohibition
6.14.040 - Reasonable Smoking Distance Required
6.14.050 - Optional Prohibition
6.14.060 - Posting of Signs
6.14.070 - Other Requirements and Prohibitions
6.14.080 - Penalties and Enforcement
6.14.010 - Purpose
Because smoking of tobacco, or any other weed or plant, is a danger to health and a cause of
material annoyance, inconvenience, discomfort and a health hazard to those who are present in
unenclosed areas as well as confined places, in order to serve public health, safety and welfare,
the declared purpose of this article is to prohibit the smoking of tobacco, or any other weed or
plant in unenclosed dining areas.
6.14.020- Definitions
(a) "Enclosed Dining Area" as defined in this chapter shall mean an area enclosed by a roof and
walls with appropriate openings for ingress and egress.
(b) "Public Place" as defined in this chapter shall mean any place, publicly or privately owned,
which is open to the general public regardless of any fee or age requirement.
(c) "Reasonable Distance" as defined in this chapter shall mean a distance of twenty (20) feet in
any direction from an area in which smoking is prohibited.
(d) "Smoke" or "Smoking" as defined in this chapter shall mean and include the carrying of a
lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or
cigarette of any kind.
(e) "Unenclosed Dining Area" as defined in this chapter shall mean any dining area, which is no
an Enclosed Dining Area, including streets and sidewalks, which is available to or customanly
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used by the general public, an employee, or any invitee, and which is designed, established, or
regularly used for consuming food or drink.
6.14.030 Prohibition
Smoking is prohibited in Unenclosed Dining Areas within the City of Carisbad, except places
where smoking is already prohibited by state or federal law. in which case those laws apply.
614 040 Reasonable Smoking Distance Required Smoking shall be prohibited within a
Reasonable Distance, as defined in this chapter, from any Unenclosed Dining Area.
6.14.050 - Optional prohibition
Nothing in this chapter prohibits any person, corporation or any other legal entity, or employer,
with legal control over any property from prohibiting smoking on any part of such property, even
if smoking is not otherwise prohibited in that area by law.
6.14.060 - Posting of signs
Any person, corporation or any other legal entity, or employer that has legal or de facto contro
of an Unenclosed Dining Area in which smoking is prohibited by this chapter shall post a clear
conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of ingress to
the area, and in at least one other conspicuous point within the area. The signs shall have
letters of no less than one inch in height and shall include the intemational No Smoking
svmbol (consisting of a pictorial representation of a buming cigarette enclosed in a red circle
with a red bar across it). Notwithstanding this provision, the presence or absence of signs shal
not be a defense to a charge of smoking in violation of any other provision of this chapter.
6.14.070 - Other Requirements and Prohibitions
No ashtrays or smoking disposal receptacles shall be placed in areas where smoking is
prohibited.
6.14.080 Penalties and Enforcement
(a) Each incident of smoking in violation of this chapter is punishable pursuant to Chapter 1.08
of this code, or in altemative by the administrative code enforcement remedies of Chapter 1.10
of this code.
(b) Except as othenft/ise provided, enforcement of this chapter is at the sole discretion of the
persons authorized to enforce this ordinance pursuant to Chapters 1.08 and 1.10 of this Code
Nothing in this chapter shall create a right of action in any person against the City or its agents
for damages or to compel public enforcement of this chapter against pnvate parties.
SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY.
It is the intent of the City Council of the City of Carisbad to supplement applicable state and
federal law and not to duplicate or contradict such law and this ordinance shall be construed
consistently with that intention. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or its application to any person or circumstance is for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs
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1 sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council of the City of Carisbad hereby declares that it would have
2 adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof
independently, irrespective of the fact that any one or more other sections, subsections,
3 subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carisbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 25th day of September 2012, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 2nd day of October 2012, by the following vote, to wit:
AYES: Council Members Hall, Blackburn, Douglas, Packard
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attomey
ATTEST:
LORRAINE M. WOOD, City Cleric
(SEAL)
Deputy Clerk S erry ger,
nty Times on the 28th day of September 2012.
Dated: September 28, 2012
...... ,
oRE A, (Seal)
:jZ
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS 188_, 189, 190, 191
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS 188, CS-189, CS-190
and CS-191are to be considered at the City Council Meeting to
be held on the 25th day of September 2012.
2.) That a certified copy of the full text of Ordinance Nos. S 188, CS-189,
CS-190 and CS-191were posted in the City Clerk's Office on the 26th
of September 2012.
3.) That a summary of the Ordinance was published in the North
EISI GER, enior Deputy Clerk
Certification of Posting and Publication of Ordinance Nos. CS-188, 189,
190 191
Page 2
4.) That Ordinance Nos.CS-188, 189, 190 and 191 were adopted
on the 2nd day of October 2012.
5.) That a certified copy of the full text of Ordinance Nos.CS-188,
189, 190 and 191 showing the names of those who voted in
favor and against the Ordinance was posted in the City Clerk's
Office on the 4th day of October 12, 2012
6.) That a summary of the Ordinance, showing the names of those who voted
in favor of and against the Ordinance was published in the North County
Times, on the 7th day of October 2012.
Dated: October 4, 2012
(Seal) 1 I I 0
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