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HomeMy WebLinkAboutOrdinance 251 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 251 adopted by the Atascadero City Council at a regular meeting thereof held on June 23, 1992 and that it has been duly published pursuant to State Law. DATED: LEE RABOIN City Clerk City of Atascadero, California ORDINANCE NO.Z.0 ORDINANCE AMENDING TITLE 6 OF THE CITY OF ATASCADERO ORDINANCE CODE BY ADDITION OF A NEW CHAPTER 15 PROHIBITING CIGARETTE VENDING MACHINES THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1 : Legislative Findings . Adoption of this ordinance is necessary to the promotion of the public health, safety and welfare . Each of the reasons set forth - below provides a separate and independent basis for the adoption of this ordinance : A. Overwhelming scientific evidence supports the conclusion that there is a causal relationship between using tobacco products and deadly diseases such as lung cancer, heart disease, emphysema and other types of cancer . The Surgeon General of the United States has determined that smoking is the leading cause of preventable death in this country. B. An estimated annual 31, 000 deaths in the State of California and 434,175 deaths nationwide are caused by cigarette smoking. The estimated annual economic burden to the State of California resulting from smoke-related health care costs and lost productivity is over $7 . 1 billion. C. Nicotine, found in all tobacco products, is strongly addictive, much more so than alcohol . The United States Surgeon General has concluded that nicotine is as addictive as heroin and cocaine . D. Ninety percent of adults who now smoke started smoking between the ages of nine and eighteen years . E. Three million children smoke daily in the United States, and over 75 percent buy their own cigarettes . Children currently have ready access to cigarettes and other tobacco products as a result of the availability of cigarette vending machines . Scientific studies have shown that minors are successful in buying tobacco products from cigarette vending machines 80% of the time . Such studies have also shown that cigarette vending machines in areas such as bars or cocktail lounges, where minors are not legally permitted to be present, are also readily utilized by minors to obtain tobacco products . F . The current United States Surgeon General Novello and her two immediate predecessors as United States Surgeon General, have consistently favored the elimination of cigarette vending machines for public health reasons . ORDINANCE NO. 2..0 Page 2 G. The American Cancer Society, American Lung Association, American Heart Association, American Medical Association, and California Medical Association, representing the overwhelming view of recognized professional medical associations, support the elimination of cigarette vending machines for public health reasons . H. No other dangerous product or drug, cancer-causing product or drug, or addictive product or drug is sold through vending machines . No other product or drug which minors are prohibited from purchasing is sold through vending machines . I . The compelling purpose and intent of this chapter includes : 1 . To prevent minors from using and becoming addicted to nicotine in tobacco products and preventing minors from being harmed thereby: 2 . To significantly reduce the ability of minors to illegally obtain tobacco products by banning cigarette vending machines; and 3 . To generally promote the health and welfare of all people in the community against the health hazards and harmful effects of using addictive tobacco products . Section 2 . Title 6 of the City Municipal Code is amended by addition of a new Chapter 15 to read as follows : Chapter 15 CIGARETTE VENDING MACHINES 6-15 . 01 Definitions . For the purposes of this chapter, the following terms shall be defined as set forth below: (1) "CIGARETTE VENDING MACHINE" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or releases a TOBACCO PRODUCT and/or TOBACCO ACCESSORIES. (2) "PERSON" shall mean an individual, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group of combination of the above acting as a unit, excepting however, the United States of America, the State of California, and any political subdivision or unit thereof. ORDINANCE NO. 2.,U Page 3 (3) "TOBACCO ACCESSORIES" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of TOBACCO PRODUCTS. (4) "TOBACCO PRODUCT" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco. 6-15 . 02 Sale of Cigarettes and Other Tobacco Products from Vending Machines Prohibited. (1) No PERSON shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises of any CIGARETTE VENDING MACHINE used or intended to be used for the purpose of selling any TOBACCO PRODUCTS or TOBACCO ACCESSORIES therefrom. (2) Any CIGARETTE VENDING MACHINE in use on the effective date of this chapter shall be removed within one hundred twenty (120) days after the effective date of this chapter. 6-15 . 03 Violations and Penalties . Any PERSON violating this chapter shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished as provided by Chapter 1-3 of this Code . 6-15 . 04 Violative Cigarette Vending Machines . Any CIGARETTE VENDING MACHINE not removed from the premises or converted to a permissible use within the time limit set forth by Section 6- 15 .02 (2) shall be deemed to be a public nuisance, and may be abated by the City in a civil action or other appropriate legal proceedings . Section 3. Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a .m. on the 31st day after its passage. On motion by Councilperson Luna, seconded by Council-person Kudlac, the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Borgeson, Bewley, Luna, Kudlac and Mayor Nimmo NOES : None ABSENT: None ADOPTED: June 23, 1992 ORDINANCE NO. � Page 4 CITY OF ATASCADERO r BY: SCJ ROBERT P . NIMMO, Mayor ATTE T: C)I�k Y, &L LEE RABOIN, 'C y Clerk APPROVED AS TO FORM: ZAN ART ER N't DON, Vty Attorney PREPARED BY: It p W(A:o MICHAEL P . MCCAIN, Acting Fire Chief