HomeMy Public PortalAboutOrd. 1698ORDINANCE NO. 1698
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ADDING SECTION 10-13, OF CHAPTER 10
OF THE LYNWOOD MUNICIPAL CODE PROHIBITING SMOKING IN 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;
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 City wishes to amend Chapter 10 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 10-13 of Chapter 10 of the Lynwood Municipal Code is hereby
added in its entirety to read as follows:
10-13
SMOKING PROHIBITED
10-13.1 Definitions:
As used for purposes of this Section, unless the context otherwise clearly indicates:
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.
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.
10-13.2 Smoking in Public Parks Prohibited:
Smoking and the use or operation of electronic smoking devices is prohibited in all
public parks.
10-13.3�Smoking Marijuana In Public Parks Prohibited:
No person shall smoke or ingest marijuana in any public park, or any location, area or
place where the Lynwood Municipal Code currently prohibits the smoking of tobacco.
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 ADOPTED this 5th day of September, 2017.
ATTEST:
APPROVED AS TO FORM:
Noel Tapia, City Attor ey
w� 6;_ �- ) 6"W
Maria T. Santillan-Beas, Mayor
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 51h day of September, 2017.
AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ MAYOR PRO
TEM SOLACHE AND MAYOR SANTILLAN-BEGS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria Quinonez, Ct y 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. 1698 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.
aria Quinonez, City Clerk