HomeMy WebLinkAboutOrdinance 531CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 531, adopted by the
Atascadero City Council at a regular meeting thereof held on June 24, 2008, and that it has been
duly published pursuant to State Law.
DATED: �'�_
arcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 531
lo. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADDING SECTION 8 TO TITLE 6,
CHAPTER 6 OF THE ATASCADERO MUNICIPAL CODE, PROVIDING
FOR THE PROHIBITION OF SMOKING AT THE
ATASCADERO STATE HOSPITAL
WHEREAS, the City of Atascadero has adopted a prohibition against smoking
(including but not limited to the smoking of tobacco and tobacco products) in designated public
places throughout the City; and,
WHEREAS, the Executive Director of the Atascadero State Hospital requested that the
City expand its smoking prohibition to all interior areas of the Atascadero State Hospital, and, at
the discretion of the Executive Director, exterior areas of the Atascadero State Hospital; and,
WHEREAS, the City recognizes that smoking tobacco, including the breathing of
sidestream or secondhand smoke, remains a proven danger to the health of human beings; and
WHEREAS, the City recognizes that the residents and employees of the Atascadero
State Hospital may be subjected to involuntary breathing of sidestream or secondhand smoke
while in that facility or on its grounds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings
The City Council hereby incorporates the foregoing recitals and in addition finds as
follows:
1. There may be Federal or State of California laws or regulations applicable to the
smoking of tobacco or other products in or on the grounds of the Atascadero State
Hospital.
2. The Executive Director of the Atascadero State Hospital is in the best position to
learn and interpret the laws and regulations applicable to the smoking of tobacco or
other products in or on the grounds of the Atascadero State Hospital.
3. Courts in the State of California have recognized that while there is no statewide ban
on smoking in mental health or correctional facilities, a municipal ordinance allowing
for the prohibition of smoking at a mental health or correctional facility will provide
for equal health benefits for the residents and employees of the facility as are
provided for the public at large.
City of Atascadero
Ordinance No. 531
Page 2 of 2
SECTION 2. Adoption. Section 6-6.08 (Prohibition at the Atascadero State Hospital) of
the Atascadero Municipal Code is added to read in whole as follows:
6-6.08 Prohibition at the Atascadero State Hospital.
The Executive Director of the Atascadero State Hospital may declare the entire
hospital, including indoor and outdoor areas, to be a nonsmoking establishment,
provided such declaration is consistent with any applicable Federal and State laws
and regulations. The Executive Director or his or her designee shall have the
primary responsibility for enforcement of this Section at the hospital.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the
Atascadero News or other newspaper of general circulation in the City of Atascadero, and before
the expiration of fifteen (15) days after its final passage in the Atascadero News or other
newspaper of general circulation in the City of Atascadero. A copy of the full text of this
ordinance must be on file in the City Clerk's Office on and after the date following introduction
and passage and must be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on June 10, 2008, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on June 24,
2008, by the following roll call vote:
AYES: Council Members Beraud, Clay, Luna, O'Malley and Mayor Brennler
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: CM' OF AT
Marcia McClure Torgerson, C. .C.,
City Clerk
APPROVED AS TO FO
Brian A. Pierik, City Attorney
Brennler, Mayor