HomeMy WebLinkAboutOrd 2017-3409ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 8.22.030 TO
CLARIFY THAT SMOKING IS PROHIBITED IN ALL CITY
PARKS
WHEREAS, the smoking of tobacco, or any other weed or plant, is a danger to public
health; and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard by the
U.S. Surgeon General, California Air Resources Board, and California Environmental Protection
Agency; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and
exposure to secondhand smoke occurs at significant levels outdoors; and
WHEREAS, Chula Vista Municipal Code chapter 8.22 regulates smoking in public
places and places of employment; and
WHEREAS, Chula Vista Municipal Code section 8.22.030 currently contains an internal
contradiction wherein sub -sections (D) through (E) prohibit persons from smoking in specific
City parks, but sub -section (G) exempts those same City parks from said prohibition; and
WHEREAS, it is in the best interests of the City to amend Chula Vista Municipal Code
section 8.22.030 to correct the internal contradiction and clarify that smoking is prohibited in all
City parks.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I
A. Chapter 8, Section 8.22.030 of the Chula Vista Municipal Code regarding the
prohibitions on smoking in City parks is amended to read as follows:
8.22.030 Prohibitions.
A. No person shall smoke in a public place or place of employment, except in designated
smoking areas.
B. No person shall smoke in the dining area of any restaurant or establishment where people eat;
including outdoor patios, outdoor bars that serve food, or any covered eating area.
C. No person shall smoke within 30 feet of any entrance to any restaurant or establishment where
people eat.
D. No person shall smoke in any portion of any City park.
Ordinance No. 3409
Page No. 2
SECTION II Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
SECTION III Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
SECTION IV Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
SECTION V Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by
Olen R. boogin
ity Attorney
Approved as to form by
Glen R�Googi
City Attorney
Ordinance No. 3409
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California; this 15th day of August 2017, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Mary S s, Mayor
ATTEST:
Kerry K.i elow, MMC, Acting City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, Acting City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 3409 had its first reading at a regular meeting held on the 8th day of
August 2017 and its second reading and adoption at a regular meeting of said City Council held
on the 15th day of August 2017; and was duly published in summary form in accordance with
the requirements of state law and the City Charter.
22 (10(-7
Dat® Kerry K. 4el0'w,'NM4C,. Acting City Clerk