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HomeMy WebLinkAboutItem 3d: Introduce Ordinance 2297: Prohibiting Use of Tobacco Products at City Parks, Recreation Areas & Entertainment Events V~~C��IPORNi ,07 silo! JJleti� _ =001 11$y ozunity STAFF REPORT Recreation and Community Services Department DATE: June 5, 2012 TO: Honorable Mayor and City Council FROM: Sara Somogyi, Director of Recreation and Community Services By: Ryan Wright, Assistant Director of Recreation and Community Servicesp SUBJECT: ORDINANCE NO. 2297 AMENDING PART 9 OF CHAPTER 2, ARTICLE IV OF THE ARCADIA MUNICIPAL CODE BY ADDING A NEW SECTION 4290.1 PROHIBITING THE USE OF TOBACCO PRODUCTS AT CITY PARKS, RECREATION AREAS, AND ENTERTAINMENT EVENTS. Recommended Action: introduce SUMMARY At the March 6, 2012, meeting, the City Council directed staff to prepare an Ordinance prohibiting tobacco use in City parks and recreation areas. The attached Ordinance reflects City Council's direction. It is recommended that the City Council introduce Ordinance No. 2297 amending Part 9 of Chapter 2, Article IV of the Arcadia Municipal Code by adding a new Section 4290.1 prohibiting the use of tobacco products at City parks, recreation areas, and entertainment events. This Ordinance will increase park patron comfort, provide positive examples for children, decrease cigarette butt litter, and decrease the documented health risks associated with second hand smoke. DISCUSSION Many local agencies have implemented No Smoking policies in recreation areas, including the Arcadia Unified School District. The Los Angeles County Department of Parks and Recreation has also implemented a No Smoking policy throughout all County parks, including Arcadia County Park. The County does, however, provide an outdoor, designated smoking area near the Arcadia Golf Course's clubhouse. The attached Ordinance No. 2297 would prohibit any form of tobacco or nicotine use at any City park or City sponsored special event. The only exception would be the Arcadia Par-3 Golf Course. The City currently contracts with American Golf Corporation who manages the Arcadia Par-3 Golf Course through November 30, 2013, at which time staff can re-asses the exception. Recreation staff has met with the Public Works Department to determine the location of necessary signage reflecting this Ordinance. The City Attorney and Police Department have confirmed that appropriate and effective enforcement options are available in Arcadia Municipal Code Section 1200, which allows for citations at the infraction level, or a misdemeanor, depending on the situation. The proposed Ordinance focuses on providing park patrons and those partaking in City sponsored events a tobacco and nicotine free environment, including fewer cigarette butts throughout the facilities. In addition to actual tobacco products, the Ordinance includes a prohibition of nicotine based electronic cigarettes which can be impressionable upon the community's youth and are prohibited by the Arcadia Unified School District's policy. This Ordinance provides consistency with the City, Arcadia Unified School District, and Arcadia County Park, while allowing the Recreation and Community Services Director to designate specific areas within which the products are permissible during City sponsored events, if necessary. FISCAL IMPACT $6,000 would be necessary for the manufacturing and installation of signs at each location. This cost is included as a budgeted General Fund expense in Fiscal Year 2012-13. RECOMMENDATION It is recommended the City Council introduce Ordinance No. 2297 amending Part 9 of Chapter 2, Article IV of the Arcadia Municipal Code by adding a new Section 4290.1 prohibiting the use of tobacco products at City parks, recreation areas, and entertainment events. Approved: Dominic Lazz'- -�''• City Manager Attachment: Ordinance No. 2297 March 6, 2012 Staff Report ORDINANCE NO. 2297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PART 9 OF CHAPTER 2, ARTICLE IV OF THE ARCADIA MUNICIPAL CODE BY ADDING A NEW SECTION 4290.1 PROHIBITING THE USE OF TOBACCO PRODUCTS AT CITY PARKS, RECREATION AREAS AND ENTERTAINMENT EVENTS WHEREAS, the California Legislature passed a statewide smoke-free playground law that prohibits smoking and disposing of cigarettes within 25 feet of a playground or tot lot sandbox area; and WHEREAS, tobacco products are counter-productive to the health benefits associated with the activities commonly conducted on the City's athletic facilities and open park spaces; and WHEREAS, the City Council recognizes the health hazards associated with smoking and the use of tobacco products, including the breathing of second-hand smoke; and WHEREAS, the City Council finds that the smoking of tobacco is a danger to health and a material annoyance, inconvenience, 'discomfort, and a health hazard to those who are present in confined and open spaces. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4290.1 is added to Part 9 of Chapter 2, Article IV of the Arcadia Municipal Code to read in its entirety as follows. 1 "4290.1. TOBACCO PRODUCTS AT CITY PARKS, RECREATION AREAS AND ENTERTAINMENT EVENTS PROHIBITED. A. It shall be unlawful for any person to use any form of tobacco products, at any time, in or upon any City park property or recreation area. Prohibited products include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, and nicotine delivery devices such as electronic cigarettes. Exceptions shall be made for the use or possession of prescription nicotine products. B. Tobacco products are prohibited during the performance or conduct of any City conducted or sponsored events at the parks and recreation areas, including but not limited to concerts, sports, entertainment, plays, ceremonies, carnivals, fairs, or training in any such location. Notwithstanding the foregoing, the Director of Recreation and Community Services is authorized to designate restricted areas within which the products containing tobacco or nicotine described in subsection A may be used at such a City conducted or sponsored event. C. During the period that the Arcadia Par 3 Golf Course is owned by the City of Arcadia, it shall be exempt from the prohibition against the use of products containing tobacco or nicotine. 2 SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31 st) day after its adoption. Passed, approved and adopted this day of 2012. Mayor of City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 • .."�"«• o�"gym`• er STAFF REPORT Recreation and Community Services Department DATE: March 6, 2012 TO: Mayor and City Council FROM: Sara Somogyi, Recreation & Community Services Director&- Prepared by: Ryan Wright, Recreation & Community Services Assistant Director f49 SUBJECT: Report, Discussion, and Direction Regarding Restricting Use of Tobacco products at City Park and Recreation Areas. Recommended Action: Provide Direction SUMMARY Periodically the City of Arcadia receives inquiries and complaints from residents requesting staff implement measures to prohibit the use of tobacco products at City parks and recreation areas. The American Lung Association grades California cities on their efforts to improve air quality on an annual basis using criteria in a number of areas. Each year the City of Arcadia receives an "F" grade. in conjunction with the poor "grade" provided to the City from the American Lung Association, staff has analyzed potential solutions to eliminate the use of tobacco products. Therefore, staff and the Recreation and Parks Commission recommended completely prohibiting tobacco products at City parks and recreation areas. DISCUSSION Currently, the State of California, Health and Safety Code Section 104495 prohibits the use of tobacco products within 25 feet of a playground or tot lot sandbox area. This is the same section which enables a school facility to create a smoke free environment and is also currently enforced in City parks. Similarly, the City implements California Government Code Sections 7596-7598 which requires smoking to take place no closer than 20 feet from the main entrance, exits, or windows of a public building. In 2011, a no smoking policy was implemented at Wilderness Park per Arcadia Municipal Code 3121 and California Fire Code 310.8 due to hazardous environmental conditions. Although the City has some preventative policies in place, complaints from residents are still received each year. To better understand how other agencies are handling similar requests, City staff receives and analyzes the American Lung Association's "State of Tobacco Control" report grade which consistently provides an overall "F" grade for the City of Arcadia. A key contributor to this letter grade is poor performance in the "Smokefree Outdoor Air" section which includes public events and recreation areas. When comparing policies with other local agencies, staff has recognized that Alhambra, Baldwin Park, Claremont, El Monte, Glendora, La Verne, Monterey Park, Pasadena, Rosemead, San Dimas, South Pasadena, and Temple City have all implemented ordinances which prohibit smoking in all recreation areas. This is just a small list when compared to the 123 municipalities with the same policy in the state of California. It is a challenge only to enforce laws prohibiting tobacco use in specific areas of City parks. Also, some City programs are conducted on school property which already prohibits tobacco use. Therefore, staff believes a complete prohibition at all parks would create a better, more understandable way to inform the public of the no smoking restrictions and to provide a healthier environment at the parks. City staff provided the Recreation & Parks Commission a recommendation to prohibit any form of tobacco use on all City park property or recreation areas, such as the City Hall lawn. The only exception which would continue to allow tobacco use in designated locations would be the Arcadia Par-3 Golf Course. After some deliberation, the Recreation & Parks Commission accepted this recommendation 5-0. Recreation staff has also had preliminary conversations with the Public Works Services Department to discuss necessary signage options, as well as the Police Department regarding enforcement. FISCAL IMPACT The only preliminary cost associated to the modification would be the creation and installation of signs at each location for approximately $6,000 which could be a budgeted general fund expense in FY12-13. RECOMMENDATION It is recommend City Council provide direction to City Staff if there is consensus to modify the Arcadia Municipal Code and prohibit the use of tobacco products in City parks and recreation areas. Approved : Donald Penman, City Manager •