HomeMy WebLinkAbout1179 - Prohibiting Smoking Within Certain City Owned Parks and/or City Sponsored EventsORDINANCE NO. 1179
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 2002 TO
DIVISION 1, CHAPTER 12 AND 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. Section 2002 is hereby added to Chapter 12 of Division 1 of the Ukiah City
Code and shall read as follows:
§2002 PROHIBITION OF SMOKING IN ALL PARKS AND RECREATION FACILITIES
Smoking is prohibited in all areas within all City parks and recreation facilities, except the Municipal
Golf Course in accordance with the provisions set forth in Article 2, Chapter 7, Division 5 of the
Ukiah City Code.
SECTION TWO. Section 4501.5 of Article 1, Chapter 7, of Division 5 of the Ukiah City Code is
hereby amended to read as follows (unchanged text is omitted and is shown by "* * ""):
§4501.5 DEFINITIONS
CIGAR. Any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco and, for
purposes of this Chapter, may contain any other weed or plant as an alternative or supplement to
tobacco or nicotine.
CIGARETTE. Any product that contains nicotine, is intended to be burned or heated under ordinary
conditions of use and, for the purposes of this Chapter, may contain any other weed or plant as an
alternative or supplement to tobacco or nicotine.
CITY. The City of Ukiah.
PARKS AND RECREATIONAL AREAS. Properties and areas owned or operated by the City of
Ukiah and open to the general public for recreational purposes, including parks, gardens,
playgrounds, picnic and barbeque areas, and sporting facilities. Such areas are listed in Section
1965 of the Ukiah City Code.
PLACE OF EMPLOYMENT. Any enclosed area under the control of an employer which employees
normally frequent during the course of employment, including but not limited to, work areas,
employee lounges and rest rooms, conference and class rooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used as a child care or health care
facility.
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SMOKING: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other
combustible substance, whether natural or synthetic, in any manner or in any form. SMOKING
includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or
in any form, or the use of any oral smoking device for the purpose of circumventing a prohibition on
smoking.
SECTION THREE: Article 2, Chapter 7, of Division 5 of the Ukiah City Code is hereby amended to
read as follows:
§4502.5: APPLICATION OF CHAPTER TO CITY -OWNED PARKS AND RECREATIONAL
AREAS AND/OR CITY SPONSORED EVENTS:
A. Smoking is prohibited in all areas, whether enclosed or unenclosed, within all City -owned Parks
and Recreational Areas listed in Section 1965 of the Ukiah City Code, with the exception of the
Municipal Golf Course, and at City sponsored events designated as non-smoking by resolution of
the City Council. The prohibition shall be noticed by 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]."
B. Disposing of used cigar or cigarette waste in all City owned Parks and Recreational Areas is
prohibited.
C. Notwithstanding any other provision of this Section, the Director of Parks and Recreation may
designate areas within an area of City -owned Parks and Recreational Areas as exempt from the
provisions of this Section. 0
SECTION FOUR
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.
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II
Introduced by title only on July 19, 2017, by the following roll call vote:
AYES: Councilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Crane
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on August 2, 2017, by the following roll call vote:
AYES: Councilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Brown
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Kristine Lawler, City Cler c
Brown, Mayor
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