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