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HomeMy WebLinkAbout229701 ' 0110 ril • •/ 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 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. K 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 19th ATTEST: ty lerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 191 day of June , 2012. Mayor of City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2297 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of June, 2012 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Amundson, Segal, Wuo and Harbicht NOES: None ABSENT: Council Member Kovacic ll