Exhibit CC 05-03-2011 Item No. 27 Smoking Ordinance s ew
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
WHEREAS, smokeless tobacco is not a safe alternative to smoking and also causes death
and disease, and
WHEREAS, cigarette butts pose a health threat to young children and 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; 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 and tobacco use around non-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 and tobacco use with a healthy lifestyle; and by 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 c -apter unless the context clearly requires
otherwise:
(a) "Parking Area" means a parking lot o - 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 ska parks.
(c) "Smoke" means the gases, particles, or vapors released into the air as a result of
combustion, electrical ignition or vaporization., when the apparent or usual purpose of the
combustion, electrical ignition or vaporizatior. is human inhalation of the byproducts, except
when the combusting or vaporizing material contains no tobacco or nicotine and the purpose
of inhalation is solely olfactory, such as, for example, smoke from incense. The term
"Smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and
marijuana smoke.
(d) "Smoking" means engaging in an act that generates Smoke, such as for example:
possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted
cigar. or a lighted cigarette of any kind; or; or lighting or igniting of a pipe, cigar, hookah
pipe, or cigarette of any kind.
(e) "Tobacco Product" means any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping
tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of
matter containing biologically active amounts of nicotine that is manufactured, sold, offered
for sale, or otherwise distributed with the expectation that the product or matter will be
introduced into the human body, but does not include any cessation product specifically
approved by the United States Food and Drug Administration for use in treating nicotine or
tobacco dependence.
Sec. 10.90.020 Smoking and Tobacco Use Prohibited
(a) Smoking or using a Tobacco Product is prohibited anywhere in a Recreational Area or
in any Parking Area adjacent to the Recreational Area.
(b) Nothing in this chapter shall be construed to prohibit Smoking or Tobacco Product
use in any area in which such Smoking or Tobacco Product use is already prohibited by state
or federal law unless the applicable state or federal law does not preempt additional local
regulation.
(c) No Person shall dispose of used Smoking or Tobacco Product waste within the
boundaries of an area in which Smoking is prohibited by this chapter.
(d) Each instance of Smoking or Tobacco Use Product in violation of this chapter shall
constitute 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 or Tobacco Product waste within the
boundaries of an area in which Smoking or Tobacco Product use is prohibited by this
chapter.
(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 or Tobacco Product use in violation of this chapter shall
constitute 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.
Section 2. Statement of Purpose. This Ordinance is intended to prohibit smoking,
use of tobacco products and smoking litter in recreational areas in order to limit resident
exposure to second hand smoke 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:
City Clerk Mayor, City of Cupertino