HomeMy WebLinkAboutOrd 2006-3035
ORDINANCE NO. 3035
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTION 8.22.35 TO THE CHULA VISTA MUNICIPAL CODE
TO PROHIBIT SMOKING IN ALL OUTDOOR DINING
ESTABLISHMENTS
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 ofthe cervix, pancreas, and kidneys; and
WHEREAS, the use of cigars is known to cause lung, larynx, esophageal, and oral cancer;
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 Organization (WHO) estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide; and
WHEREAS, deaths from smoking around the world will soon outnumber those from
AIDS, tuberculosis, traffic accidents, murder, and suicide combined; and
WHEREAS, the United States Environmental Protection Agency (EP A) 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, exposure to secondhand smoke is the third leading cause of preventable death
in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from lung
cancer; and
WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from
secondhand smoke each year in California; and
WHEREAS, 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of
nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and
WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk
of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of
mothers who smoke; and
WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the
United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis,
exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in
children; and
Ordinance No. 3035
Page 2
WHEREAS, the secondhand smoke has been ruled to be a the same class of toxic air _
pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and
WHEREAS, secondhand smoke has been linked to increase the risk for developing breast
cancer in young women between 68% to 120%; and
WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and
numerous more health risks for children; and
NOW, THEREFORE, it is the intent of the City Council in enacting this ordinance, to
provide for the health, safety, and welfare of the public by discouraging the inherently dangerous
behavior of tobacco use around non-tobacco users; by protecting children from exposure to
smoking and tobacco while they eat; by reducing the potential for children to associate smoking
and tobacco with a healthy lifestyle; and by affirming and promoting the family atmosphere of
the City's public places.
Adding to the Municipal Code:
8.22.35 Prohibition on smoking in dining areas
No person shall smoke in the dining area of any restaurant or establishments where people eat,
including outdoor patios, outdoor bars that serve food, or any covered eating area.
Presented by
...-..",.
Approved as to form by
~~~~
Ann Moore
City Attorney
eta Salde Encarnacion
onstituent Services Manager
...-.,.,
Ordinance No. 3035
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of June, 2006, by the following vote:
AYES:
Councilmembers:
Castaneda, Chavez, McCann, Rindone and
Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
~W~'---
Stephen C. Padilla, Mayor
ATTEST:
J~J~
f Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3035 had its first reading at a regular meeting held on the 23rd day of May, 2006
and its second reading and adoption at a regular meeting of said City Council held on the 6th day
of June 2006.
Executed this 6th day of June 2006.
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th-Susan Bigelow, MMc, City Clerk