HomeMy WebLinkAbout1109 Prohibiting Smoking within Certain City Owned Parks and/or EventsORDINANCE NO. 1109
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADDING SECTION 4502.5 TO DIVISION 5, CHAPTER 7,
ARTICLE 2 OF THE UKIAH CITY CODE, PROHIBITING
SMOKING WITHIN CERTAIN CITY OWNED PARKS AND/OR
CITY SPONSORED EVENTS.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS:
The City Council finds that the prohibition of smoking in enclosed and
unenclosed areas within certain City owned parks and/or City sponsored events
is necessary to protect public health and safety. The purpose of this ordinance is
to:
1. Reduce the risk of fire and/or smoking related safety issues;
2. Reduce smoking-related litter and pollution; and
3. Protect the right of nonsmokers to breathe smoke-free air, and recognize
that the need to breathe smoke-free air shall have priority over the desire
to smoke.
SECTION TWO.
SECTION 4502.5 IS HEREBY ADDED TO ARTICLE 2 OF CHAPTER 7 OF
DIVISION 5 OF THE UKIAH CITY CODE TO READ AS FOLLOWS:
4502.5: APPLICATION OF CHAPTER TO CITY-OWNED PARKS
AND/OR CITY SPONSORED EVENTS:
Smoking is prohibited in certain areas, whether enclosed or unenclosed, within
any City owned parks and/or City sponsored events where designated as non-
smoking areas by resolution of the City Council. The prohibition shall apply upon
adoption of the resolution and the posting of signs in one or more prominent
locations within the park and/or event area containing substantially the
following: "SMOKING PROHIBITED BY UCC SECTION 4502.5" or "NO
SMOKING [UCC SECTION 4502.5]."
SECTION THREE
1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not
subject to the California Environmental Quality Act ("CEQA") pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment), 15061(b)(3) (there is
no possibility the activity in question may have a significant effect on the
environment.
2. SEVERABILITY. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the
ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby. The City Council hereby declares
that it would have adopted this Ordinance and any section, subsection, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or
otherwise invalid.
3. EFFECTIVE DATE. This Ordinance shall be published as required by law in
a newspaper of general circulation in the City of Ukiah, and shall become
effective thirty (30) days after its adoption.
Introduced by title only on August 6, 2008, by the following roll call vote:
AYES: Councilmembers Thomas, McCowen, Rodin, and Mayor Crane
NOES: None
ABSENT: Councilmember Baldwin
ABSTAIN: None
Adopted on August 20, 2008, by the following roll call vote:
AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin and Mayor Crane
NOES: None
ABSENT: None
ABSTAIN: None
Dougla .Crane, Mayor
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