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HomeMy WebLinkAboutOrdinance 573 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. 573, adopted by the Atascadero City Council. at a regular meeting thereof held on November 12, 2013, and that it has been duly published pursuant to State Law. DATED: ` Le Marcia McClure Torgerson; C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA., AMENDING SECTION 10-1.34 OF CHAPTER I OF TITLE 10 OF THE ATASCADERO MUNICIPAL CODE TO EXPAND THE SMOKE-FLEE AREA AROUND SUNKEN GARDENS WHEREAS, the United 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 118910, 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 ajid safety hazards to City residents and visitors. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: SEC'T'ION 1. Section 10-1.34 of the Atascadero Municipal Code is amended to read as follows: 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, and within 100 feet of Sunken. Gardens. "To smoke" means the carrying or holding of any lighted cigarette, cigar or pipe, or any other lighted smoking product or equipment. Nothing in this section would prohibit business and private property owners in the area immediately surrounding Sunken. Gardens from designating an outdoor smoking area for their employees or patrons, provided that such designations comply with all State and. local laws, including but not limited to California Government Code sections 7596 et Cita of Atascadero Ordinance No.573 Page 2 of 3 seq., California Health & Safety Code sections 11.8875 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 the remaining 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, clauses, phrases, or portions thereof be declared invalid 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 November 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 ABSTAIN: None ABSENT: None CI . OF ATASCA O Tom O'Mall , Mayor City of Atascadero Ordinance No.573 Page 3 of 3 ATTEST: Marcia McClure Torgerson, C.M.C., City Jerk APPROVED AST®FORM: Brian ierik, City Attorney