Exhibit CC 05-17-2011 Item No. 15 Smoking Ordinance in /i(
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO
ADOPTING CHAPTER 10.90 OF THE MUNICIPAL CODE TO
REGULATE
SMOKING IN RECREATIONAL AREAS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, tobacco use causes death and disease and continues to be an
urgent public health challenge, and
WHEREAS, exposure to secondhand smoke anywhere has negative health
impacts, and exposure to secondhand smoke does occur at significant levels
outdoors, and
Deleted: WHEREAS. smokeless tobacco is not a
safe alternative to smoking and also causes death
WHEREAS, cigarette butts pose a health threat to young children and and disease. andll
others, and
WHEREAS, cigarette butts are a major and persistent source of litter and
constitute a fire hazard, and
WHEREAS, creating smoke free areas helps protect the health of the
86.7% of Californians who are nonsmokers and
WHEREAS, state law prohibits smoking within 25 feet of playgrounds and
tot lots and expressly authorizes local communities to enact additional
restrictions,, Deleted: ; and
NOW THEREFORE, it is the intent of the City Council, in enacting this
ordinance, to provide for the public health, safety, and welfare by
discouraging the inherently dangerous behavior of smoking around non- Deleted: and tobacco use
tobacco users, especially children; by protecting the public from exposure to
secondhand smoke where they play, exercise, and relax; by protecting the
environment from tobacco- related litter; by reducing the potential for
children to wrongly associate smoking with a healthy lifestyle; and by Deleted: and tobacco use
affirming and promoting a healthy environment in and around the City's
recreational areas.
Section I. Code Amendment. Chapter 10.90 of the Cupertino Municipal
Code is hereby adopted to read as follows:
Sec. 10.90.010 Definitions. The following words and phrases, whenever
used in this chapter, shall have the meanings defined in this chapter unless the
context clearly requires otherwise:
(a) "Parking Area" means a parking lot or any other area designated
or primarily used for parking vehicles of Persons accessing a Recreational
Area.
(b) "Recreational Area" means any outdoor area, including streets and
sidewalks adjacent to Recreational areas, owned or operated by the City
of Cupertino and open to the general public for recreational purposes,
regardless of any fee or age requirement. The term "Recreational Area"
includes, but is not limited to parks, picnic areas, playgrounds, sports
fields, golf courses, walking paths, gardens, hiking trails, bike paths,
horseback riding trails, swimming pools, roller - skating rinks, and
skateboard parks.
(c) "Smoke" means the gases, particles, or vapors released into the air
as a result of combustion, or vaporization, when the apparent or usual Deleted: electrical ignition or
purpose of the combustion, or vaporization is human inhalation of the Deleted: electrical ignition or
byproducts, except when the combusting or vaporizing material contains
no tobacco or nicotine and the purpose of inhalation is solely olfactory, Deleted: : electronic cigarette vapors,
such as, for example, smoke from incense. The term "Smoke" includes, but Deleted: an operating electronic cigarette
is not limited to tobacco smoke, , and marijuana smoke. Deleted: (e) "Tobacco Product" means and
substance containing tobacco leaf, including but
not limited to cigarettes, cigars, pipe tobacco,
"Smoking" hookah tobacco, snuff, chewing tobacco, dipping
(d) Smoking means engaging in an act that generates Smoke, such as tobacco, sous, bidis, or am other preparation of
for example: possessing a lighted pipe, lighted hookah pipe, a a lighted tobacco: and any product or formulation of
matter containing biologically active amounts of
cigar, or a lighted cigarette of any kind; or; or lighting or igniting of a pipe, nicotine that is manufactured. sold. offered for
sale, or otherwise distributed with the
cigar, hookah pipe, or cigarette of any kind. expectation that the product or matter will be
introduced into the human body, but does not
include and cessation product specifically
• approved by the United States Food and Drug
Administration for use in treating nicotine or
tobacco dependence.1
Sec. 10.90.020 Smoking Prohibited Deleted: and Tobacco Use
Deleted: or using a Tobacco Product
(a) Smoking js prohibited anywhere in a Recreational Area and . twenty- Deleted` or in any Parking Area adjacent to
the Recreational Area
five (25) feet from the boundaries thereof. or in any: parking area adjacent
to the Recreational area. The 25 foot prohibition does not apply to
adjacent private property .
(b) Nothing in this chapter shall be construed to prohibit Smoking jn Deleted: or Tobacco Product use
--
any area in which such Smoking js already prohibited by state or federal Deleted: or Tobacco Product use
law unless the applicable state or federal law does not preempt additional
local regulation.
(c) No Person shall dispose of used Smoking waste within the boundaries Deleted: or Tobacco Product
of an area in which Smoking is prohibited by this chapter.
(d) Each instance of Smoking jn violation of this chapter shall constitute Deleted: or Tobacco use Product
a separate violation. For violations other than Smoking, each day of a
continuing violation of this chapter shall constitute a separate violation.
Sec. 10.90.030 Other Requirements and Prohibitions
(a) No ash can, ashtray, or other Smoking waste receptacle shall be
placed in any area in which Smoking is prohibited by this chapter.
(b)No Person shall dispose of used Smoking waste within the boundaries Deleted: or Tobacco Product
of an area in which Smoking js prohibited by this chapter. Deleted: or Tobacco Product use
(c) The presence of Smoking waste receptacles in violation of subsection
(a) above or the absence of signs shall not be a defense to a violation of any
provision of this chapter.
(d) Each instance of Smoking jn violation of this chapter shall constitute Deleted: or Tobacco Product use
a separate violation. For violations other than Smoking, each day of a
continuing violation of this chapter shall constitute a separate violation.
Sec. 10.90.040 Violation - Penalty
(a) The remedies provided by this article are cumulative and in
addition to any other remedies available at law or in equity. Except as
otherwise provided, enforcement of this chapter is at the sole discretion of
the City of Cupertino. Nothing in this chapter shall create a right of action
in any person against the City of Cupertino or its agents to compel public
enforcement of this article against any party.
(b) Any person who violates any of the provisions of this chapter shall
be guilty of an infraction and upon conviction thereof shall be punished as
provided in Chapter 1.12 or, in the alternative, subject to enforcement
action pursuant to Chapter 1.10: Administrative Citations, Fines, and
Penalties. jRemos e bold and underline)
Section 2. Statement of Purpose. This Ordinance is intended to
prohibit smoking,pnd smoking litter in recreational areas in order to limit Deleted:
resident exposure to second hand smoke, Deleted: use of tobacco products
Deleted: and tobacco product use
Section 3. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of
competent jurisdiction to be unlawful, unenforceable or otherwise void, that
determination shall have no effect on any other provision of this Ordinance or
the application of this Ordinance to any other person or circumstance and, to
that end, the provisions hereof are severable.
Section 4. Effective Date. This Ordinance shall take effect thirty days
after adoption as provided by Government Code Section 36937.
Section 5. Certification. The City Clerk shall certify to the passage
and adoption of this Ordinance and shall give notice of its adoption as
required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting
of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the
day of and ENACTED at a regular meeting of the
Cupertino City Council the day of 2011 by the following
vote:
Vote Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED: