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HomeMy WebLinkAboutCC ORD 2009-2318ORDINANCE NO. 2009 — 2318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.37 TO PROHIBIT SMOKING IN OPEN AIR DINING AREAS WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung disease; coronary heart disease; stroke; cancer of the lungs, larynx, esophagus, mouth, and bladder; and contributes to cancer of the cervix, pancreas, and kidneys; and WHEREAS, more than 440,000 people die in the United States from tobacco - related diseases every year, making it the nation's leading cause of preventable illness; and WHEREAS, the World Health Organizations (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; 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 carcinogen; and WHEREAS, with certain exceptions, State law prohibits smoking inside an enclosed place of employment, which prohibition is implemented by Chapter 9.36 of the Municipal Code; and WHEREAS, Section 10.52.101 (HH) of the National City Municipal Code prohibits possession of a lighted tobacco product or tobacco -related product in any City park, playground, or recreation facility; and 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 tobacco use around non -tobacco users, by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle, by protecting the public from smoking and tobacco -related pollution, and by affirming and promoting the family atmosphere of the City's public places. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.37, to read as follows: Chapter 9.37 Prohibition of Smoking in Open Air Dining Areas Sections: 9.37.010 Definitions 9.37.020 Smoking in Open Air Dining Areas --Prohibited 9.37.030 Enforcement 9.37.040 Severability 9.37.010 Definitions. A. "Enclosed" means any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside, such as, a covered porch with more than two walls. B. "Non -enclosed" means an open air area, typically outdoors, that does not meet the definition of "enclosed". C. "Open Air Dining Area" means any non -enclosed area located on private or public property made available to or customarily used by the general public that is designed, established, or regularly used for consuming food and/or beverages, or where food and/or beverages are served whether or not for compensation. This includes, but is not limited to restaurants, hotels, bar standing and seating areas, patios, and coffee shops. D. "Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including but not limited to a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including but not limited to a pipe, a hookah pipe, cigar, or cigarette of any kind. 9.37.020 Smoking in Open Air Dining Areas --Prohibited. Smoking is prohibited in all open air dining areas located on private or public property, including the public right-of-way. In addition, smoking is prohibited within 20 feet of an open air dining area, except while actively passing on the way to another destination. 9.37.030 Enforcement. This Chapter may be enforced by any police officer, code conformance officer, building inspector, business license inspector, or fire inspector. In addition, the City Manager may designate persons from any of the City's departments as having the authority to enforce this Chapter. 9.37.040 Severability. The City Council declares that the invalidity of any section or portion of this ordinance or the chapter or sections of the chapter thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. ATTEST: PASSED and ADOPTED this 19th day of May, 2009. Mich, ifierk citt j nl R. Dalla C Ordinance 2009 - 2318 2 on Morrison, Mayor APPROVED AS TO FORM: George H. tser, III City Attorney Adding Chapter 9.37 Smoking In Open Air Dining Areas Passed and adopted by the Council of the City of National City, California, on May 19, 2009 by the following vote, to -wit: Ayes: Councilmembers Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: Councilmember Morrison. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California it/ rk of the City of City National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on May 5, 2009, and on May 19, 2009. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2009-2318 of the City Council of the City of National City, passed and adopted by the Council of said City on May 19, 2009. By: City Clerk of the City of National City, California Deputy