HomeMy WebLinkAboutOrdinance 543 ow
CERTIFICATION
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 543, adopted by the
Atascadero City Council at a regular meeting thereof held on August 11, 2009, and that it has been
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duly published pursuant to State Law
DATED:
Marcia McClure Torgerson, C.M. .
City Clerk
City of Atascadero, California
am
ORDINANCE NO 543
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE AND TITLE 10 BY ADDING NEW SECTION 10-1.01
AND SECTION 10-1.34 PROHIBITING SMOKING IN THE CHARLES
PADDOCK ZOO AND IN THE CITY'S OUTDOOR RECREATION
AREAS AND PARKS AND RENUMBERED SECTION 10-1.34
The City Council hereby finds and declares as follows.
WHEREAS, the United States Environmental Protection Agency has classified
secondhand smoke as a Group A carcinogen, the most dangerous class of carcinogen, and,
WHEREAS, creating smoke-free areas limits the exposure of non-smoking park users to
secondhand smoke
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS
Add Section 10-1.01 (Definitions)
(h) "Outdoor Recreation Areas" are those areas owned by the City and used by the public for
recreation including, but not limited to, public parks, open space and trails
(i) "Tobacco Products" means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus,
bides, or any other preparation of tobacco, and any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise
distributed with the expectation that the product or matter will be introduced into the human
body, but does not include any cessation product specifically approved by the United States Food
and Drug Administration for use in treating nicotine or tobacco dependence
Sectionl0-1.34 of the Atascadero Municipal Code is amended to read as follows
SECTION 1
10-1.34. Smoking and Tobacco Products
Except for ceremonial or religious purposes, and except for paved parking lots, it is unlawful for
any person to smoke any substance or use any tobacco product within the Charles Paddock Zoo,
Outdoor Recreation Areas and public parks or on any sidewalks contiguous to these locations.
"To smoke" means the carrying or holding of any lighted cigarette, cigar or pipe, or any other
""" lighted smoking product or equipment.
City of Atascadero
Ordinance No 543
Page 2 of 2
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SECTION 2 (Renumbered)
10-1.35 Penalties
Violations of the provisions of this chapter shall be prosecuted in accordance with Chapter 3 of
Title 1 of the Atascadero Municipal Code.
SECTION 3
A summary of this ordinance, approved by the City Attorney, together with the ayes and noes,
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 June 23, 2009, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on August 11,
2009, by the following roll call vote
AYES Council Members Fonzi, O'Malley and Mayor Beraud
NOES Council Members Clay and Kelley
ABSTAIN None
ABSENT None
ATTEST CITY OF ATASCADERO
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Marcia McClure Torgerson, C.M. ., Ellen Beraud, Mayor
City Clerk
APPROVED AS TO FORM.
Brian A. Pienk, ity Attorney
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