HomeMy WebLinkAboutItem 3e: Adoption of Ordinance 2297: Prohibiting Tobacco Products at City Parks, Recreation Areas & Entertainment Events AA .
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Recreation and Community Services Department
DATE: June 19, 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 Servicesfi
SUBJECT: ADOPTION OF 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: Adopt
SUMMARY
At the meeting of June 5, 2012, the City Council introduced Ordinance No. 2297
prohibiting the use of tobacco products at City parks, recreation areas, and
entertainment events. A copy of the June 5, 2012 staff is attached for your reference.
It is recommended that the City Council adopt 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 o
City Manager
Attachments: June 5, 2012 Staff Report
Ordinance 2297
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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 Services i
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 Councils 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 Departure of
necessary signage reflecting this Ordinance, The fit to determine the
have confirmed that appropriate The City Attorney ocation nt
have Arcadia Municipal Code that
ppropriate and effective Y and Police Department
in
Section 1200, which allows for citations are
a misdemeanor, depending available in
pending on the situation. infraction level, or
The proposed Ordinance focuses events s on providing park patrons and those
vents a tobacco and nicotine
butts throughout the facilities. environment, inciudingpr weringigaretty
g facilities. In addition to actual tobacco products,
an
impressionable based electronic cigarettes which Ordinance
includes a prohibition of nicotine be
upon the community's youth and are
School District's policy. This Ordinance prohibited by the
Unified School District, and Arcadia County Park, while o y Arcadia Unified
provides consistency with the City,Services Director Y. Arcadia
..tor to designate specific areas within I which the Qp
permissible during City sponsored events, if neces Recreation and
sary.
Products are
FISCAL IMPACT
$6,000 would be necessary for the
location. This cost is included manufacturing and installation of signs at each
2012-13.cation d as a budgeted General Fund expense in Fiscal Year
RECOMMENDATION
It is recommended the City Council introduce of
Chapter 2, Article IV of the Arcadia Municipal Code Ordinance No. 22 ^
9 amending Part 9 .1
prohibiting the use of tobacco products at City y adding a new Section 4290,1
entertainment events, Y parks, recreation areas, and
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 tot 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 eiectronic 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, camivais, 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.
•
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 (3151) day after its adoption.
Passed, approved and adopted this day of 2012.
ATTEST: Mayor of City of Arcadia
City Clerk
APPROVED AS TO FORM:
•
Stephen P. Deitsch
City Attorney
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