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HomeMy WebLinkAbout2008-05-06; City Council; 19434; Tobacco control for parks and beachesCITY OF CARLSBAD - AGENDA BILL 16 AB# 19,434 MTG. 05/06/2008 DEPT. Recreation TOBACCO CONTROL FOR CITY PARKS AND BEACHES DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Receive a staff report on tobacco control for City parks and beaches and direct staff accordingly. ITEM EXPLANATION: Over the last couple of years, various groups, including the Carlsbad High School Environmental Club, Vista Community Clinic-Tobacco Control Program, and Teens for Tomorrow, have approached City staff requesting consideration of various smoking controls and bans within the City of Carlsbad. The requests center on eliminating smoking in outdoor areas for health and safety reasons. In May 2005, the Carlsbad High School Environmental Club made a presentation to the City Council requesting that a Smoke-Free Ordinance be adopted for City parks and beaches. The Council advised the group to do more investigation and to come back with a proposal to the Parks and Recreation Commission ("Commission"). In February 2007, Carlsbad High School student Michael Caraglio made a presentation to the Commission during public comment regarding a proposed Tobacco Control Ordinance. The Commission requested that staff bring forward an agenda item addressing tobacco usage in City parks, for a future Commission meeting. In April 2007, staff presented a Tobacco Control agenda item to the Commission for its consideration. At that time staff informed the Commission that the City of Carlsbad and its parks were in compliance with all California laws pertaining to smoking restrictions. California laws and existing City ordinances limit smoking near tot lots and public buildings, as well as in restaurants, bars, and other closed environments. In addition, existing City ordinances prohibit the littering of cigarette butts. The Commission was informed that local government entities have the prerogative to adopt stronger smoking ordinances than the current State requirements. DEPARTMENT CONTACT: Judi Vincent 760-434-2827 ivinc@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Cniin^i 1 receiv°d tbp ren^^t- n n * Page 2 The Commission considered the following pros and cons in evaluating a proposed smoking ban: Pros to banning smoking in City parks: 1. Secondhand smoke has been shown to be harmful in closed environments and may be harmful in open air environments. 2. There is a general negative perception associated with smokers. 3. Bans would help eliminate smoking images from children and teens who may model that behavior 4. Bans would help eliminate litter from cigarette butts in the parks. 5. Other local cities have initiated smoking bans in public parks, including Coronado, Chula Vista, Del Mar, El Cajon, Encinitas, La Mesa, National City, Oceanside, and San Diego. By initiating a similar ban, the City of Carlsbad would be supporting a regional effort. Cons to banning smoking in City parks: 1. Tobacco is a legal substance. 2. Banning smoking due to "health impacts from secondhand smoke" is not a valid justification when smoking occurs during periods when a park is otherwise unoccupied. 3. Health impacts from secondhand smoke could also apply to public sidewalks, streets, seawalls, etc., making it desirable to adopt a more encompassing ordinance. 4. Enforcement is problematic. Beaches In considering a ban of smoking on City beaches, the Commission was reminded that, with the exception of an approximate one mile stretch of beach from Oak Street north to the Buena Vista Lagoon and an approximate Vz mile section of beach along the Terra Mar neighborhood (south of SDG & E), the remainder of beach property is owned and operated under the jurisdiction of the State of California Parks and Recreation Department. In addition, those areas not under State Parks and Recreation control are owned by private property owners east of the mean high tide, and fall under the jurisdiction of the State Lands Commission to the west of the mean high tide. Parks and Recreation Commission Action After consideration and discussion, the Commission voted to recommend that the City Council consider adopting a complete ban on smoking in all City parks and trails, and possibly City beaches, due to potential health impacts from secondhand smoke and litter caused by cigarette butts. Additional Research In conducting our due diligence, staff felt it was important to investigate the potential impacts to the City of Carlsbad of adopting such a smoking ordinance. As such, staff contacted other local municipalities (Oceanside, Vista, Solana Beach, Del Mar, Encinitas, San Diego, and La Mesa) to determine what policies and ordinances, if any, they had in place with regards to PageS banning smoking in their parks and on their beaches, if applicable. All of these cities currently have ordinances in place banning smoking in their parks, and on their beaches, if applicable. Some of the cities have expanded their ordinances to include such things as piers, seawalls, public walkways, pathways, and public access to parks and beaches. In addition, staff approached the City's Fire Marshall to inquire whether a ban on smoking in City parks would have a positive impact on the City's fire prevention efforts. He stated that discarded smoking materials were not a significant source of fire, especially in City parks, due to the relatively high humidity in the region as well as the green vegetation located in most parks. Enforcement Issues In staff's discussion with other local municipalities, it was noted that many municipalities place an emphasis on voluntary compliance with tobacco control ordinances. As such, there tends to be a low demand on public safety resources in administering such ordinances, and enforcement issues primarily relate to complaint driven responses. If the City of Carlsbad adopts a similar type ordinance, with an emphasis on voluntary compliance, a significant impact on police resources would not be expected. However, if the City Council's direction is adoption of an ordinance with proactive enforcement, then it would be recommended that additional police resources be authorized, and that a planned enforcement program be implemented. Regarding local beaches, staff confirmed that a regulation prohibiting smoking could be enforced in a manner similar to ordinances currently in place prohibiting alcohol on local beaches. City public safety personnel have the authority to enforce local ordinances on beaches located in the City of Carlsbad, even though the beaches are owned and operated under the jurisdiction of the State of California. FISCAL IMPACT: The fiscal impact of implementing a ban on smoking in City Parks and/or City Beaches would vary, depending on the desired level of enforcement. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and, therefore, does not require an environmental review. EXHIBITS: None.