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HomeMy Public PortalAboutOrd. 1697ORDINANCE NO. 1697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 3-22, OF CHAPTER 3, OF THE LYNWOOD MUNICIPAL CODE PROHIBITING SMOKING IN CITY -OWNED BUILDINGS OR FACILITIES, INCLUDING PUBLIC PARKS WHEREAS, Scientific studies have concluded that cigarette and cigar smoking causes chronic lung disease, coronary heart disease, stroke, and cancer; and WHEREAS, Smoking is responsible for the premature deaths of over 430,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and WHEREAS, Secondhand smoke is responsible for over 50,000 deaths among nonsmokers each year, such that, tobacco use kills more Americans each year than alcohol, cocaine; heroin, homicide, suicide, car accidents, 'and fires combined; and I WHEREAS, Almost 90% of smokers started smoking before the age of 20, and the average initiation age is 14.5 years old. 3,000 youths become regular smokers each day and one-third of these children will die prematurely from tobacco -related illnesses; and WHEREAS, Public parks are areas where children are likely to congregate, gather and play; and WHEREAS, Cigarette and cigar butts and used matches dropped in public spaces have negative environmental impacts and degrade the aesthetic quality of those spaces; and WHEREAS, Prohibiting smoking and the use of electronic smoking devices at public parks will protect users of the parks from the risks of secondhand smoke exposure; and WHEREAS, the prohibition of smoking in public places .shall include prohibition or marijuana smoking; and WHEREAS, the City wishes to amend Chapter 3 of the Lynwood Municipal Code to clarify that smoking is not permitted in public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3-22 of Chapter 3 of the Lynwood Municipal Code is hereby amended in its entirety to read as follows: 3-22 PROHIBITING SMOKING IN ALL CITY -OWNED BUILDINGS, OR FACILITIES, OR PARKS 3-22-1 Definitions: As used for the purpose of this Section, unless the context otherwise clearly indicates: Smoke or smoking shall mean the carrying or holding of a lighted pipe, cigar, cigarette or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette, electronic smoking -device, or other kinds of equipment. Smoke also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment. Smoking shall also mean engaging in the act that generates smoke, such as, but not limited to: (a) possessing a lighted pipe, cigar, bong, hookah pipe, joint, blunt, or a lighted cigarette of any kind; (b) operating an electronic smoking device; or (c) lighting or igniting a lighted pipe, cigar, bong, hookah pipe, joint, blunt, or a lighted cigarette of any kind. Electronic smoking device shall mean an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, whether as a vapor or a gas. Electronic smoking device includes any such device, whether manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease. 3-22.2 Smoking In City -Owned Buildings Or Facilities Prohibited: It shall be unlawful for any person to smoke, or to use or operate any electronic smoking device, in any building or facility owned or leased by the City or the Lynwood Redevelopment Agency which is used for governmental purposes. Notwithstanding this prohibition, the City Manager or City Council may designate smoking areas within such building or structure. 3-22.3 Smoking In Public Parks Prohibited: Smoking, and the use or operation of electronic smoking devices, is prohibited in all public parks. 3-22.4 Smoking Marijuana In City -Owned Buildings Or Facilities, or Public Parks Prohibited: No person shall smoke or ingest marijuana in any City -owned building, structure, facility, public park, location, area or place where the Lynwood Municipal Code currently prohibits the smoking of tobacco. 3-22.5 Posting Of Signs: The City Manager is directed to post and prominently display "No Smoking signs at the entrance to buildings of facilities or public parks subject, to the prohibitions contained in Subsections 3-22.2.3-22.3 and 3-22.4. All such signs shall clearly and conspicuously recite the phrase "No Smoking" and/or use the internatiorial-no smoking symbol. 3-22.6 Violation: Any person who violates any of the provisions of this Section shall be guilty of an infraction and shall be subject to the following penalties: a. Fifty dollars ($50.00) for the first offense;; b. Seventy-five dollars ($75.00) for the second offense in the same year; c. One hundred dollars ($100.00) for the third offense in the same year. SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof, be declared invalid or unconstitutional. SECTION 3. The City Clerk of the City of Lynwood shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. SECTION 4. The Ordinance shall be effective thirty (30) days following its adoption. First read at a special meeting of the City Council held on the 15th day of August, 2017 and adopted and ordered published at a regular meeting of said Council on the 5th of September, 2017. PASSED, APPROVED AND ADOPTEUthis 5th day of September, 2017. M, ria T. Santillan-Beas, Mayor ATTEST: APPROVED AS TO FORM: Noel Tapia, City Attorney APPROVED AS TO CONTENT: STATE OF CALIFORNIA ) ) SS. COUNTY. OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 5th day of September, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE PFF Maria Quinonez, eiij Clerk' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1697 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of September, 2017. ORDINANCE NO. 1697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 3-22, OF CHAPTER 3, OF THE LYNWOOD MUNICIPAL CODE PROHIBITING SMOKING IN CITY -OWNED BUILDINGS OR FACILITIES, INCLUDING PUBLIC PARKS WHEREAS, Scientific studies have concluded that cigarette and cigar smoking causes chronic lung disease, coronary heart disease, stroke, and cancer; and WHEREAS, Smoking is responsible for the premature deaths of over 430,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and WHEREAS, Secondhand smoke is responsible for over 50,000 deaths among nonsmokers each year, such that, tobacco use kills more Americans each year than alcohol, cocaine, heroin, homicide, suicide, car accidents, and fires combined; and WHEREAS, Almost 90% of smokers started smoking before the age of 20, and the average initiation age is 14.5 years old. 3,000 youths become regular smokers each day and one-third of these children will die prematurely from tobacco -related illnesses; and WHEREAS, Public parks are areas where children are likely to congregate, gather and play; and WHEREAS, Cigarette and cigar butts and used matches dropped in public spaces have negative environmental impacts and degrade the aesthetic quality of those spaces; and WHEREAS, Prohibiting smoking and the use of electronic smoking devices at public parks will protect users of the parks from the risks of secondhand smoke exposure; and WHEREAS, the prohibition of smoking in public places shall include prohibition or marijuana smoking; and WHEREAS, the City wishes to amend Chapter 3 of the Lynwood Municipal Code to clarify that smoking is not permitted in public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3-22 of Chapter 3 of the Lynwood Municipal Code is hereby amended in its entirety to read as follows: 3-22 PROHIBITING SMOKING IN ALL CITY -OWNED BUILDINGS, OR FACILITIES, OR PARKS 3-22.1 Definitions: As used for the purpose of this Section, unless the context otherwise clearly indicates: Smoke or smoking shall mean the carrying or holding of a lighted pipe, cigar, cigarette or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette, electronic smoking=device, or other kinds of equipment. Smoke also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment. Smoking shall also mean engaging in the act that generates smoke, such as, but not limited to: (a) possessing a lighted pipe, cigar, bong, hookah pipe, joint, blunt, or a lighted cigarette of any kind; (b) operating an electronic smoking device; or (c) lighting or igniting a lighted pipe, cigar, bong, hookah pipe, joint, blunt, or a lighted cigarette of any kind. Electronic smoking device shall mean an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, whether as a vapor or a gas. Electronic smoking device includes any such device, whether manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease. 3-22.2 Smoking In City -Owned Buildings Or Facilities Prohibited: It shall be unlawful for any person to smoke, or to use or operate any electronic smoking device, in any building or facility owned or leased by the City or the Lynwood Redevelopment Agency which is used for governmental purposes. Notwithstanding this prohibition, the City Manager or City Council may designate smoking areas within such building or structure. 3-22.3 Smoking In Public Parks Prohibited: Smoking, and the use or operation of electronic smoking devices, is prohibited in all public parks. 3-22.4 Smoking Marijuana In City -Owned Buildings Or Facilities, or Public Parks Prohibited: No person shall smoke or ingest marijuana in any City -owned building, structure, facility, public park, location, area or place where the Lynwood Municipal Code currently prohibits the smoking of tobacco. 3-22.5 Posting Of Signs: The City Manager is directed to post and prominently display "No Smoking" signs at the entrance to buildings, GF facilities or public parks subject to the prohibitions contained in Subsections 3-22.2,3-22.3 and 3-22.4. All such signs shall clearly and conspicuously recite the phrase "No Smoking" and/or use the international no smoking symbol. 3-22.6 Violation: Any person who violates any of the provisions of this Section shall be guilty of an infraction and shall be subject to the following penalties: a. Fifty dollars ($50.00) for the first offense; b. Seventy-five dollars ($75.00) for the second offense in the same year; c. One hundred dollars ($100.00) for the third offense in the same year. SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof, be declared invalid or unconstitutional. SECTION 3. The City Clerk of the City of Lynwood shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. SECTION 4. The Ordinance shall be effective thirty (30) days following its adoption. First read at a special meeting of the City Council held on the 15th day of August, 2017 and adopted and ordered published at a regular meeting of said Council on the 5th of September, 2017. ATTEST: PASSED, APPROVED AND ADOPTED this 5th day of September, 2017. ���LITUKr Maria T. Santillan-Beas, Mayor APPROVED AS TO FORM: L,- -- Noel Tapia, City Attorney APPROVED AS TO CONTENT: STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 5th day of September, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, Clty- Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1697 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of September, 2017. W F wr&'. wvmml