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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.
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"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.
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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
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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
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