HomeMy WebLinkAbout1537ORDINANCE NO. 1537 (2009 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING CHAPTER 8.16 (SMOKING PROHIBITED IN CERTAIN AREAS) OF
TITLE XIII (HEALTH AND SAFETY) OF THE SAN LUIS OBISPO MUNICIPAL
CODE TO BAN SMOKING AND ALL FORMS OF TOBACCO PRODUCTS
IN OUTDOOR RECREATION AREAS.
WHEREAS, in 1985 the City council of the City of San Luis Obispo adopted regulations
prohibiting smoking in certain areas; and
WHEREAS, the 2006 U.S. Surgeon General's Report stated scientific evidence shows
that there is no "safe" level of exposure to secondhand smoke; and
WHEREAS, the United States Environmental Protection agency (EPA) has found
secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group
A carcinogen, the most dangerous class of carcinogens; and
WHEREAS, the California Air Resources Board has put secondhand smoke in the same
category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air
contaminant2; and
WHEREAS, exposure to secondhand smoke is the third leading cause of preventable
death in this country, killing over 52,000 non - smokers each year 3, and as many as 300,000 lower
respiratory tract infections such as pneumonia and bronchitis 4, in children.
WHEREAS, the City of San Luis Obispo is subject to regulations issued by the
Stormwater Management Program mandated by the California Regional Water Quality Control
Board to reduce the environmental impact from stormwater run -off and human activities in the
local creek systems; and
WHEREAS, cigarette filters and plastic wraps from cigarette packages are not
biodegradable and cigarette related waste discarded in parks, along sidewalks, and in street
gutters make their way through storm drains into creeks and rivers leaking dangerous chemicals
into our watershed 5.
1 Cal. Air Resources BD., Resolution 0 -01, at 5 (January 26, 2006)
2 U.S. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, Clean Indoor Air Regulations
Fact Sheet (2001)
3 S.A. Glantz & W. Parmley, Passive smoking and heart Disease: Epidemiology, Physiology, and Biochemistry,
83 * 1) Circulation 1 (199 1) and California Environmental Protection Agency, office of Envtl. Health Hazard
management, health Effects of Exposure to Environmental Tobacco Smoke: Final Report (1997)
4 U.S. Dept. of Health and Human Services, Center for Disease Control and Prevention, Targeting Tobacco Use: the
Nation's Leading Cause of Death 2002, 2 (2002) available at www.cdc.gov /tobacco
5 Cigarette Butt Litter — www.surfrider.orp-
Ordinance No. 1537 (2009 Series)
Page 2
WHEREAS, the City is subject to regulation under the California Endangered Species
Act and the Federal Endangered Species Act of 1973, as two federally protected species under
the Federal Act, Steelhead trout (Oncorhynchus mykiss) and California Red - legged frogs (Rana
aurora), have both been found within the City of San Luis Obispo city limits; and
WHEREAS, cigarette filters have been found in the stomachs of fish, birds, and other
animals that mistake them for food, thus swallowing harmful plastic and toxic chemicals 6.
WHEREAS, there is a cost to taxpayers for cleaning up tobacco related debris in parks,
open space, and the City's storm water system; and.
WHEREAS, the disposal of cigarettes can cause severe fire hazards in open space areas,
especially during drought years; and
WHEREAS, in light of the above the City Council desires to amend its regulations
prohibiting smoking and all forms of tobacco products in certain areas to address these hazards.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 8.16.020 (Definitions) of Chapter 8.16 (Smoking Prohibited in
Certain Areas) of Title XIII (Health and Safety) of the San Luis Obispo Municipal Code is
hereby amended by the addition of subsection I (Outdoor Recreation Areas) to read as follows:
I. "Outdoor Recreation Area" means any City park, public plazas, open space, trails, skate parks,
sports facilities, dog parks, aquatic centers, and golf courses.
SECTION 2. Section 8.16.035 (Prohibition in all public outdoor recreation areas) of
Chapter 8.16 (Smoking Prohibited in Certain Areas) of Title 8 (Health and Safety) of the San
Luis Obispo Municipal Code is hereby added to read as follows:
8.16.035 Prohibition in all public outdoor recreation areas.
Smoking and all forms of tobacco products shall be prohibited in the following places:
A. In any City park and all its amenities, parking areas, trails, and walkways, including
contiguous sidewalks.
B. In all City Open Spaces and Ecological Areas and all appurtenant trail systems,
parking areas, and other amenities.
C. In all City sports facilities, including:
1. the municipal golf course
2. the San Luis Obispo Swim Center
6 Clean Virginia Waterways (2007) "Cigarette Litter Impacts"
Ordinance No. 1537 (2009 Series)
Page 3
3. skate park
4. roller hockey rink
5. all sports fields
D. In all City dog parks.
E. In all public transportation facilities including all bus shelters and bus stops.
F. In Mission Plaza and the adjacent creek walk from Mission Plaza to Nipomo Street.
SECTION 3. Existing section 8.16.050 (Posting of signs) of Chapter 8.16 (Smoking
Prohibited in Certain Areas) of Title 8 (Health and Safety) of the San Luis Obispo Municipal
Code is hereby repealed and new section 8.16.050 (Posting of signs) is added to read as follows:
8.16.050 Posting of signs
Signs which designate smoking or nonsmoking areas established by this chapter shall be
conspicuously posted in every room, building or other place so covered by this chapter. The
manner of such posting shall be at the discretion of the owner, operator, manager or other person
having control of such room, building, outdoor recreation areas, and other places and areas so
long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this
chapter. Notwithstanding this provision, the presence or absence of signs shall not be a defense to
the violation of any other provision of this chapter.
INTRODUCED on the 1" day of December, 2009 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 15`" day of December 2009 on the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
E:)
Mayor David F. Romero
ATTEST:
f
Elaina Cano IAreN�otr�ttlilta.�trw
City Clerk Mb ""WNW .5.3.
�� tMa� rNl�bMNw�
APPROVED AS TO FORM: to *WW Mod "M.
t00
ona an P. Lowell
City Attorney