Cc Exhibit 08-19-14 ITem #25 Smoking Ordinance Info, Staff report, PowerPoint CHAPTER 10.90: REGULATION Of SMOKING-r',;n&CR c A TION A l +r2 c"c
Section 10.90.010 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby
amended to read as follows:
Section 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:
Un
A. "Outdoor Dining Area'means any privately owned or publicly owned area,street,or Z
sidewalk,which is available or customarily used by the general public and which i_- O
designed,established,or regularly used for consuming food or drink. W
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-�,fi:.___-Reasonable distance"means a distance of 25 feet in any direction from an area in which
smoking is prohibited.
1�-Cc __"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 W
fields,golf courses,walking paths,gardens,hiking trails,bike paths,horseback riding trails, O
swimming pools,roller-skating rinks,ate#skateboard parks,.ind parkutg,tot or other area
designated or primarily Wised for Barking of accessing a Recreational Area
"Smoke"means the gases,particles,or vapors released into the air as a result of
combustion,or vaporization,when the apparent or usual purpose of the combustion,or
vaporization 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,and marijuana smoke.
B E..___,_"Smoking"means engaging in an act that generates Smoke,such as for example:
possessing a lighted pipe,lighted hookah pipe,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.
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CHAPTER 10.56 TRESPASSING UPON PARKING LOTS,SHOPPING CENTER PROPERTY
AND OTHER PROPERTY OPEN TO THE PUBLIC
Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby
amended to read as follows:
10.56.020 Unlawful.
A.It is unlawful for any person,other than a public officer or employee acting within the scope
of his or her employment,to enter or remain on any shopping center property,or any other
private property open to the public within the City,after the owner,lessee or other person in
charge of the property has,for good cause,demanded that such person remove themselves
from the property.
B.Good cause for removing someone from the property is limited to the following instances:
1. Where the person participates in,or engages in conduct which urges a riot,acts of
force or violence,or the burning or destroying of property within the meaning of
Penal Code Sections 404 and 404.6;
2. Where the person participates in an unlawful assembly as deemed in Penal Code
Section 407;
3. Where the person engages in conduct which constitutes a disturbance of the peace as
deemed in Penal Code Section 415;
4. Where the person intentionally interferes with the lawful conduct of business on the
premises by obstructing or intimidating those attempting to carry on business,or by
obstructing or intimidating their customers within the meaning of Penal Code
Section 602.1;
5. Where the person engages in disorderly conduct within the meaning of Penal Code
Section 647,including loitering,accosting other persons for the purpose of begging,
and being under the influence of any drug or liquor;
6. Where the person willfully and maliciously obstructs the free flow of pedestrian
movement within the meaning of Penal Code Section 647c;
7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this
Code;or
8. Where the person smokes in violation of tederal or state imv,ank rnvuwn
of this Code or in violation of smoking rules established by any shopping
center within the City.
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Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to add Section
10.90.045 to read as follows:
Section 10.90.045 Posting of Signs.
1Vhere smoking is prohibited b3, this chapter,a clear conspiCrunus and unambiguous"No
Smoking in and around 25 feet of this Area"sign shall be posted outside of each point of in6re>" z
to the area,and at one other conspicuous point within the area.The signs shall have letters of no O
less than one inch in height and shalt include the international"No Smoking"symbol
(consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red A
bar across it).The sign shall also contain a reference to Section 10.90.02Q of the CMC(Cupertino ' Formatted Not Highlight
Iunicipal Code). Notwithstanding this provision,the presence or absence of signs shall not be
a defense to a charge of smoking in violation of any other ther provision of this chapter.
Section 10.90.050 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby
amended to read as follows:
140 Oil 04810.90.050 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.
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CHAPTER 10.56 TRESPASSING UPON PARKING LOTS,SHOPPING CENTER PROPERTY
AND OTHER PROPERTY OPEN TO THE PUBLIC
Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby
amended to read as follows:
10.56.020 Unlawful.
A.It is unlawful for any person,other than a public officer or employee acting within the scope
of his or her employment,to enter or remain on any shopping center property,or any other
private property open to the public within the City,after the owner,lessee or other person in
charge of the property has,for good cause,demanded that such person remove themselves
from the property.
B.Good cause for removing someone from the property is limited to the following instances:
1. Where the person participates in,or engages in conduct which urges a riot,acts of
force or violence,or the burning or destroying of property within the meaning of
Penal Code Sections 404 and 404.6;
2. Where the person participates in an unlawful assembly as deemed in Penal Code
Section 407;
3. Where the person engages in conduct which constitutes a disturbance of the peace as
deemed in Penal Code Section 415;
4. Where the person intentionally interferes with the lawful conduct of business on the
premises by obstructing or intimidating those attempting to carry on business,or by
obstructing or intimidating their customers within the meaning of Penal Code
Section 602.1;
5. Where the person engages in disorderly conduct within the meaning of Penal Code
Section 647,including loitering,accosting other persons for the purpose of begging,
and being under the influence of any drug or liquor;
6. Where the person willfully and maliciously obstructs the free flow of pedestrian
movement within the meaning of Penal Code Section 647c;
7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this
Code;or
8. Where the person smokes in violation of i-jeral or state taw,any provision E
of this Code or in violation of smoking rules established by any shopping
center within the City.
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COMMUNITY DEVELOPMENT DEPARTMENT
City Hall
10300 Torre Avenue • Cupertino, CA 95014-3255
Telephone: (408) 777-3308 www.cupertino.org
CUPERTINO
SUPPLEMENTAL CITY COUNCIL STAFF REPORT
Meeting: August 19, 2014
Subject
Ordinance amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino
Municipal Code to regulate smoking. This update to the staff report provides an
alternate recommendation for Council's consl'ideration to the proposed ordinance in the
original staff report.
Description
Application Summary
Application: CP-2014-02
Applicant: City of Cupertino
Property Owner: N/A
Property Location: City-wide
Discussion
As noted in the original staff report, in April 1014 the staff was asked to work on an
ordinance to prohibit smoking and specifically examine the following areas:
• Outdoor dining areas open to the public;
• Around entries/exits of stores where food was sold or consumed; and
• A buffer of 30 feet around areas where smoking is prohibited (with a directive to
recommend a buffer that was generally consistent with State and local
requirements).
Proposed Ordinance (Original)
Staff reviewed State requirements, ordinances of neighboring jurisdictions and the
Cupertino Municipal Code. Staff also presented the ordinance to the Chamber of
Commerce and conducted outreach to businesses in the City. The original proposed
ordinance amendment to Chapter 10.90 included smoking prohibitions in the following
areas:
a. Outdoor dining areas open to the public;
b. Building entrances/exits, operable openings and air intake vents of building areas
accessible to the public and where food and/or drink is consumed;
c. Creation of a 25-foot "Reasonable Distance" requirement in outdoor areas that are
protected by the ordinance. The 25-foot "Reasonable Distance" recommendation is
based on research related to secondhand smoke exposure provided by Public Health
Law and Policy (PHLP, now known as ChangeLab Solutions), which provided best
practices and technical support to cities working on non—.smoking ordinances. The
25-foot buffer is also consistent the City's current requirement around Recreational
Areas owned by the City.
Alternate Proposed Ordinance
Based upon the original request, staff is also including an alternate ordinance to extend
the smoking prohibition to building entrances/exits, operable openings and air intake
vents of building areas accessible to the public and where food and/or drink is sold.
Attachment A-1 is the Proposed Alternate Ordinance. Attachment B-1 provides a
redline version of the proposed alternate ordinance.
Prepared by: Aarti Shrivastava, Asst. City Manager, Colleen Winchester, Assistant
City Attorney
Approved for Submission bv: Aarti Shrivastava, Asst. City Manager for David Brandt,
City Manager
Attachments:
A-1. Proposed Alternate Ordinance amending Chapter 10.90 and Chapter 10.56 of
Title 10 of the Cupertino Municipal Code
B-1. Redline version of Proposed Alternate Ordinance amendments to Chapter 10.90
and Chapter 10.56 of Title 10 of the Cupertino Municipal Code
8/19/2010
Proposed Smoking Ordinance
City Council:
w 9 -a n rs n-a A
AU U l. l,j G.V l'=
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Background
■ In April 2014, staff was requested to work
toward an ordinance that restricted smoking
and to specifically examine the following
areas:
o Outdoor dining areas
o Entries/exits of stores that sell or consume food
o A buffer of about 30 feet around restricted areas
(and review State and local ordinances)
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8/19/2014
Process
■ Reviewed ordinances in neighboring
jurisdictions
o Mountain View
o Palo Alto A-11-1
t--I o Santa �,iara county
o Campbell
o San Jose
■ Outreach
Chamber of Commerce (LAC and newsletter)
■ Biz Buzz Newsletter (Cupertino businesses)
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8/19/2014
Tobacco Prevention Policies by Santa Clara County Jurisdiction
- �• SmQk�<#roc Ind+aorAir � N
Jurisdiction
Worksites'
Multi-Unit Parks& Dining Flit-rytr�ays Service Common ; Tobacco Retail' Limit Sales
Housing Trails Areas Areas Areas of MUH = Permit Near Schools
-:Carnpbell' - x. x x x - -
County of Santa Clara" x x x K x K K x x
.Ctjpertino" x - -
L
F-
Gilroy" - - K K - - - -
Los Altos x
:.
Los altos Hills - - - - - - n/a n/'a
r------..--------------- ---- --- --- ----- = -- -- -- ------ - -
Los:Gatos - x -
Milpitas - - - x - - - - - -
Monte;5ereno /a - '? /a. n/a r/a
Moran Hill' ------__ ------ X--- x x _ —X— --- -. x _ -
__
7777!
Mountaan• erv°'a x` _; - x. X..: : x 7::
- x
Pdlu A110"n - - K K x x - - -
Y
x _ x X- X X _
T
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Santa Clara' x - - - - - - -
5arafogav - — ----- -- — — --- -
Sunnyvale' - x K - - - -
A nsa(k unficdttl uul Kits Wl:n:e ptvrisiurrs didt di a smut r_a tl rdrtthe State.SsMAL--h ce WUIlkrwfdce Lain(Ldlxn Gucit 044.5)
Campbell-prohibits.gnokng 20-7t.around outdoor areas where smotingis prohibMed.Wortsde pcgicy ind odes stronger rest wians than Stater.smote-tree Wortpiace.law but alloys some exceptrarts-
"County W,Santa Clara-Prohibits smoking within 30-ft.of entryways/exits,operable.windows and'ventr
Cupertino-Prohibits srnoting 25-ft around outdoor areas where smoking is prohibited
Gidroy-Smokier prohibited,n 50%of outdoor dining areas;Parks allmvs designated smoking areas
"Morgan HVII-SmoOdng FcahPited 25-fft,around outdoor areas where snNA4ng is prohibited
sss 6+buntain View-5nvoli itg prohibited 25-ft around outdoor areas vibaere smoking is prohibited:16vorhrite policy includes stronger restrictions than State Srtroke-frf-�-nMorkplxe law but still allows snta4rc in hotel roams.
"a Palo Alto-50%. of outdoordinir4 areas must be smoke-free;smoking not alowed within 25-feet of publicly accessible entrances jexits,except between the areas:of iopm-6a in{tf public place is dosed}
's San Jose-5molzing prohbited in dining areas,entrances/exits,conxnon areas of Mull(exception For designated smoking area),3o-ft.of entrances/exits.,25 ft.from operable windows of ccratmsnity center or library
owne4Aeased by City.Includes stro%ervestrictions than State 5awk free-WorWace law brit still allowssmokirg in hotelmonts,and.tobaccn retailer shops
=Santa Clara;-adopted:a policy prohibi ing smoking in tobacco-only Shops(smoking lQunge5'),Current tiuskme yes were giattdiathered In..addibonal State r+er kplaceexensptaons still exist
n Saaatoga-Includes strongerrestnctions than state SmokQ-fr"Worf[place Lew but.still allows tmoiiag in hotel rooms,designated rooms of health facihtuas
Sunnyyale-Prohibits snrokng in boa c•of outdoor dtning,artas
State:Smoking prohibited within"enclosed spaces"of employment;2o-ft.of main entrances,exits,and operable windows of public ba ifdings
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8/19/2014
Comments
■ Impacts to businesses
■ Enforcement
Simplify signage requirements
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8/19/2014
Proposed Ordinance (original)
1 . Chapter 10.90 - Prohibits smoking:
a.Outdoor dining areas open to the public;
b.Building entrances/exits and operable openings
of stores where food is consumed;
c. Implements a 25-ft. buffer around these areas
d.Requires posting of signs in affected areas.
2. Chapter 10.56 - Revision to remove obsolete
reference and refer to Federal and State
laws.
3. Effective Date - January 1, 2015
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Proposed Ordinance (alternate)
1 . Chapter 10.90 - Prohibits smoking:
a.Outdoor dining areas open to the public;
b.Building entrances/exits and operable openings
of stores where food is sold and consumed;
-F -1 01%r=I .1 -6 &^.^ -1 . -1
1�.. 1111�1C 11C1-*,%-I- Q L�-11. V U11C1 Ql V lAl llA ll LC�C Ql GQj I
d.Requires posting of signs in affected areas.
2. Chapter 10.56 - Revision to remove obsolete
reference and refer to Federal and State
laws.
3. Effective Date - January 1, 2015
8/19/2014
Proposed Outreach
■ Informational meeting for Cupertino
businesses on the new ordinance
■ Distribution of a toolkit .- poster regarding
new ordinance, no-smoking window decals
and sample signage.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING SECTIONS 10.90.010 AND 10.90.020 OF
CHAPTER 10.90 AND ADDING SECTION 10.90.045 OF
CHAPTER 10.90 AND AMENDING SECTION 10.56.020 OF
CHAPTER 10.56 OF TITLE 10 OF THE CUPERTINO
MUNICIPAL CODE TO REGULATE OUTDOOR SMOKING
WHEREAS,tobacco use causes death and disease and continues to be an urgent health
challenge; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and
exposure to second hand smoke occurs at significant levels outdoors;
WHEREAS,in 2006, the California Air Resource,:Board classified secondhand smoke as a
"Toxic Air Contaminant
WHEREAS, The United States Surgeon General reports that there is no safe level of exposure
to secondhand smoke; and
WHEREAS,this Ordinance was found to be categorically exempt from environmental review
per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970,
as amended;
WHEREAS, 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-tobacco users,by protecting; the public from secondhand smoke where
they eat or buy food; and by affirming and promoting a healthy environment in and around
dining areas.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
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SECTION 1. The Title of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby
amended to read as follows:
CHAPTER 10.90: REGULATION OF SMOKING
SECTION 2. Section 10.90.010 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is
hereby amended to read as follows:
Section 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. "Outdoor Dining Area" means any privately owned or publicly owned area, street, or
sidewalk, which is available or customarily used by the general public and which is
designed, established, or regularly used for the consumption of food or drink.
B. Reasonable distance"means a distance of 25 feet in any direction from an area in which
smoking is prohibited.
C. "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, skateboard parks, and parking lot or other area
designated or primarily used for parking vehicles of persons accessing a Recreational Area.
D. "Smoke" means the gases, particles, or vapors released into the air as a result of
combustion, or vaporization, when the apparent or usual purpose of the combustion, or
vaporization 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, and marijuana smoke.
E. "Smoking" means engaging in an act that generates Smoke, such as for example: possessing
a lighted pipe, lighted hookah pipe, 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.
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SECTION 3. Section 10.90.020 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is
hereby amended to read as follows:
Section 10.90.020 Smoking Prohibited.
A. Smoking is prohibited:
1. In Recreational Areas;
2. In Outdoor Dining Areas; and
3. At entrances, exits, operable windows, o;r air intake openings of any building area
which is available or customarily used by the general public and which is designed,
established, or regularly used for selling or consuming food or drink.
B. Reasonable Smoking Distance Required.
1. Smoking in all unenclosed areas is prohibited within a reasonable distance from any
unenclosed areas in which smoking is prohibited under Section 10.90.020.A, except
while actively passing on the way to an iffier destination and provided smoke does not
enter any area in which smoking is prohibited;
2. The smoking prohibitions in Section 10.90.020.B.1. shall not apply to unenclosed areas
of private residential properties.
C. Nothing in this chapter shall be construed to prohibit smoking in any area in which such
smoking is already prohibited by state or federal law unless the applicable state or federal
law does not preempt additional local regulation.
D. No Person shall dispose of used smoking waste within the boundaries of an area in which
smoking is prohibited by this chapter.
E. Each instance of smoking 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.
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SECTION 4. Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to
add Section 10.90.045 to read as follows:
Section 10.90.045 Posting of Signs.
Where smoking is prohibited by this chapter, a clear conspicuous and unambiguous "No
Smoking in and around 25 feet of this Area" sign shall be posted outside of each point of
ingress to the area, and at one other conspicuous point within the area.The signs shall have
letters of no less than one inch in height and shall include the international "No Smoking"
symbol(consisting of a pictorial representation of a burning cigarette enclosed in a red circle
with a red bar across it). The sign shall also contain a reference to Section 10.90.020 of the CMC
(Cupertino Municipal Code). Notwithstanding this provision, the presence or absence of signs
shall not be a defense to a charge of smoking in violation of any other provision of this chapter.
SECTION 5. Section 10.90.050 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is
hereby amended to read as follows:
10.90.050 Violation-Penalty.
A. The remedies provided by this article are cumulative and in addition to any other
remedies available at law or inequity. 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.
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SECTION 6. The Title of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby
amended to read as follows:
CHAPTER 10.56 TRESPASSING UPON PARKING LOTS, SHOPPING CENTER
PROPERTY AND OTHER PROPERTY OPEN TO THE PUBLIC
SECTION 7. Section 10.56.020 of Chapter 10.56 of'Title 10 of the Cupertino Municipal Code is
hereby amended to read as follows:
10.56.020 Unlawful.
A. It is unlawful for any person, other than a public officer or employee acting within the scope
of his or her employment, to enter or remain on any shopping center property, or any other
private property open to the public within the Ciiy, after the owner, lessee or other person in
charge of the property has, for good cause, demanded that such person remove themselves
from the property.
B. Good cause for removing someone from the property is limited to the following instances:
1. Where the person participates in, or engages in conduct which urges a riot, acts of force
or violence, or the burning or destroying of property within the meaning of Penal Code
Sections 404 and 404.6;
2. Where the person participates in an unlav�,ful assembly as deemed in Penal Code
Section 407;
3. Where the person engages in conduct which constitutes a disturbance of the peace as
deemed in Penal Code Section 415;
4. Where the person intentionally interferes with.the lawful conduct of business on the
.premises by obstructing or intimidating those attempting to carry on business, or by
obstructing or intimidating their customers within the meaning of Penal Code Section
602.1;
5. Where the person engages in disorderly conduct within the meaning of Penal Code
Section 647, including loitering, accosting ether persons for the purpose of begging, and
being under the influence of any drug or liquor;
6. Where the person willfully and maliciously obstructs the free flow of pedestrian
movement within the meaning of Penal Code Section 647c;
7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this Code;
or;
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8. Where the person smokes in violation of federal or state law, any provision of this Code
or in violation of smoking rules established by any shopping center within the City.
SECTION 8. This Ordinance shall become effective January 1, 2015.
SECTION 9. The City Clerk shall certify the 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 City Council of the City of Cupertino the 19th day of
August 2014 and ADOPTED at a regular meeting of the City Council of the City of Cupertino
the 2nd day of September 2014,by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes: '
Absent:
Abstain:
ATTEST: 'APPROVED:
Grace Schmidt, City Clerk Gilbert Wong, Mayor
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