HomeMy WebLinkAboutOrdinance 573 (3)ORDINANCE NO.
573
WHEREAS, the Ignited States Environmental Protection Agency has classified
secondhand smoke as a Group A carcinogen, which is the most dangerous class of carcinogen,
and
WHEREAS, creating smoke-free areas limits the exposure of unwanted secondhand
smoke to non-smoking individuals, and
WHEREAS, pursuant to California Health & Safety Code section 11 891 0, the City is
permitted to enforce smoke-free areas throughout the City, and
WHEREAS, recently the City has experienced a significant increase in smoking activity
in the areas immediately adjacent to Sunken Gardens, and.
WHEREAS, Sunken Gardens and the area in the immediate vicinity thereof is frequently
used and traveled by schoolchildren, recreational sports players, visitors to the City's downtown
business community, as well as other members of the public, and
WHEREAS, smoking in the proximity of Sunken Gardens creates significant health and
safety hazards to City residents and visitors.
NOW, THEREFORE, THE CI'T'E COUNCIL OF THE CITY OF AI'ASCADERO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 10-1.34 of the Atascadero Municipal Code is aniended to read as followl
J 0- 1.34. Smoking and tobacco productl
substance
Except for ceremonial or religious purposes and except for paved parking lots, it
unlawful for any person to smoke any ,. product
RecreationCharles Paddock Zoo, Outdoor
any sidewal
productcontiguous to these locations, and within 100 feet of Sunken Gardens. "To smok"
means the carrying or holding of any lighted cigarette, cigar or pipe, or any other light
smoking
employeesNothing in this section would prohibit business and private property o-'vners in the area
immediately surrounding Sunken Gardens from designating art outdoor smoking area for
their y with all State •'
limitedlocal laws, including but not to California Government Code sections 7596 et
seq., California Health & Safety Code sections 118875 et seq., California Labor Code
section 6404.5, and Chapter 6 of Title 6 of the municipal code. Such designated areas
must be clearly marked. with signage or other visible indicators.
SECTION 2. If any section. subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of tlie rernaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof. irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, cl
auses, phrases, or portions
thereof be declared irivalid or unconstitutional.
SECTION 3. A summary of this ordinance, approved by the City Attorney, shall be published
twice: at least five days prior to its final passage in the Atascadero News, a newspaper published
and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final
passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero.
A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the
date following introduction and passage and shall be available to any interested member of the
public.
INTRODUCED at a regular meeting of the City Council held on Noveniber 12, 2013, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
December 10, 2013, by the following roll call vote:
AYES: Council Members Fonzi, Kelley and Moreno, Mayor Pro Tem Sturtevant and
Mayor O'Malley
NOES: None
Marcia McClure Torgersoa, C. .C., City ll lerk
APPROVEI) TO FO
,r �F
riart kTierik, Cate Attorney