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HomeMy WebLinkAbout2006/10/10 Item 5 f f COUNCIL AGENDA STATEMENT Item EJ Meeting Date 10/1 0/06 ITEM TITLE: Public Hearing: Consideration of an'ilmendment to the Chula Vista Municipal Code to add the prohibition of smoking in City parks ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK ORDINAt~CE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN A.."IY PORTION OF MEMORIAL PARK AND DISCOVERY PARK ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALL Y DESIGNATED IN THIS SECTION SUMMITTED BY: Director of Public Works Operations f;;l;...fw ~ REVIEWED BY: City Manager dl (4/5 Vote: Yes_ No..xJ Council asked staff to look at "analyzing the effects of smoking in parks" at the November IS, 2005, Council meeting. Furthermore, the City's Parks and Recreation Commission also independently asked staff to look at banning smoking in parks. Based on staff s analysis, it is recommended that smoking be prohibited in City parks, per the attached ordinance. RECOMMENDATION: That Council conduct the public hearing and place the following ordinances on first reading: A. Ordinance of the City of Chula Vista prohibiting smoking in any portion of Friendship Park. B. Ordinance of the City of Chula Vista prohibiting smoking ill any portion of Independence Park and Rancho Del Rey Park. 5-1 Page 2, Item ~ Meeting Date 10/10/06 C. Ordinance of the City of Chula Vista prohibiting ~moking in any portion of Memorial Park and Discovery Park. , , D. Ordinance of the City of Chula Vista prohibiting smoking in any portion of all City parks except Friendship Park, Independence Park, Rancho Del Rey Park, Memorial Park, and Discovery Park. BOARD/COMMISSION RECOMMENDATION: At the June 22, 2006, Parks and Recreation Commission Meeting, the Commission endorsed (6-0) approval of the proposed new ordinance prohibiting smoking at City parks. DISCUSSION: There are two primary issues associated with smoking in City parks: I) the health consequences associated with smoking and second-hand smoke and 2) impacts on the environment. Health Consequences. Each day, thousands of children and families visit the parks and facilities in the City of Chula Vista to use the playground equipment, play sports, or just enjoy being outside with friends. · When children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products. · According to the American Lung Association, the second hand smoke created by smokers is harmful to both children and adults. Secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, these are especially harmful to young children and children with asthma. · According to the American Lung Association, smoking is the single most important source of preventable disease in California. Tobacco related disease places tremendous financial burden upon the health care system. Environmental Imllact. Cigarette butts take one to five years to break down and are the most littered item in the world. In addition, wind and rain often carry cigarette butts into waterways and threaten the quality of the water. Additionally, cigarette filters have been found in fish, birds and other animals who mistake them for food. Littering of cigarette butts is a maintenance concern and very time- consuming to eradicate. Enforcement. Based on tobacco control efforts throughout California, proper signage and public awareness has resulted in self-policing and enforcement; thereby requiring little police involvement. 5-2 I I Page 3, Item G Meeting Date 10/10756 Furthermore, a nwnber of cities within San Diego County currently have smoke free parks, including the following: National City, Del Mar, Imperial Beach, El Cajon, La Mesa, Solana Beach and City of San Diego. . . . Current Restrictions on Smokinl! in City Parks. In 2001, Assembly Bill 188 was passed as California Health and Safety Code Section 104495 (CA HSC 104495), creating smoke-free playgrounds or tot lot areas. CA HSC 104495 prohibits smoking within 25 feet of a playground or tot lot area located in public/private school grounds, or on city, county, or state parks. As a result, signs are currently posted at all City parks prohibiting smoking within 25 feet of a playground or tot lot. This amendment would broaden the scope of the State ban and include the entire park. Public Support for Banninl! Smokinl! in Parks. On June 6, 2006, Council approved an ordinance prohibiting smoking in all outdoor dining establishments. Research indicates that 73% of Californians agree and prefer smoke-free dining areas. According to the California Tobacco Survey 2002, only 15% of residents in San Diego County are smokers and only 10% are daily smokers. Furthermore, in San Diego County, 89% of adults believe that secondhand smoke causes lung cancer in nonsmokers; and 97% of adults believe that secondhand smoke harms the health of babies and children. Healthy Eating Active Communities (HEAC) is a four-year initiative, funded by the California Endowment, to address obesity and diabetes among children by improving food and physical activity environments. The California Endowment, a statewide health foundation, selected six California cities to participate in its $26 million initiative. Western Chula Vista is one of these selected sites. The HEAC grantees in Chula Vista are South Bay Partnership, Chula Vista Community Collaborative, San Diego County Health and Human Services Agency-South Region, Sweetwater Union High School District, and Chula Vista Elementary School District. The City ofChula Vista is one ofHEAC's partners in this venture. HEAC is very supportive of having smoke-free parks in the City. According to Dana Richardson, Director of the South Bay Partnership and the spokesperson for HEAC: "From HEAC's perspective, it would be a step in the right direction to eliminate tobacco use in parks to encourage the use of these areas by families with children and visitors. By eliminating smoking at these venues, the City would further encourage residents to utilize these areas for physical activity. Eliminating smoking in parks would encourage our young people and adults to reduce their intake of tobacco, particularly in these public spaces - again benefiting families. We all know about the problems related to smoking and the ills of second hand smoke to non- smokers and larger society; however, taking it all one step further ... let's think about the poor lifestyle modeling which passes on from generation to generation when smoking remains 5-3 I I Page 4, Item ~ Meeting Date 10/1 0/06 permissible in these areas. The benefits to our population would be phenomenal for the entire community, and the next health legacy of Chula Vista." Recommendation. Due to the health consequences of secondhand smoke and the environmental recommends establishing an ordinance prohibiting smoking in City parks. '. , impacts, staff Decision Maker Conflicts. Council Member Jerry Rindone will not vote on Recommendation A as he has property holdings within 500 feet of the boundaries of Friendship Park, which is the subject of this action. Council Member Patricia Chavez will not vote on Recommendation B as she has property holdings within 500 feet of the boundaries of Independence Park and Rancho del Rey Park, which are the subject of this action. Council Member Steve Castaneda will not vote on Recommendation C as he has property holdings within 500 feet of the boundaries of Memorial Park and Discovery Park, which are the subject of this action. This ordinance shall apply to all city-owned parks (Recommendation D) within the boundaries of the City of Chula Vista, with the following exceptions: Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park. FISCAL IMPACT: Funds are available in current CIP project for parks to purchase SIgnS prohibiting smoking throughout City parks. Total cost is estimated at $10,000. Attachment: Copy of Ordinance C:\Documents and Settings\robertb\My Documents\Bob\Agenda Statement - No Smoking in Parks. doc 5-4 ORDINANCE NO. 2006- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK WHEREAS, smoking is the single most important source or preventable disease ill California; 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, 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, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers 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 percent of nonsmokers showed detectible levels of cotmme (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 WHEREAS, secondhand smoke has been ruled to be in the same class of toxic atr pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and \VHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous other health risks for children; and WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products; and 5-5 I I Ordinance No. 2006- Page 2 WHEREAS, cigarette butts take one to five years to break down and are the item most frequently discarded as litter in the world; and WHEREAS, wind and rain often carry cigarette butts,into waterways and threaten the quality of the water; and ' WHEREAS, cigarette filters have been found In fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks. WHEREAS, 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 use the playground equipment, play sports, or enjoy being outside with family or friends; 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 parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION l: Section 8.22.030 is hereby amended to add Subsection C, as follows: C. No person shall smoke in any portion of Friendship Park. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by ~~~ Ann Moore City Attorney Dave Byers Director of Public Works Operations 5-6 I I ORDINANCE NO. 2006- ORDINANCE OF THE CITY OF CHULA VISTA AL\1ENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN AL'IY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK WHEREAS, smoking is the single most important source or preventable disease in California; 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, 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, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers 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 percent of nonsmokers showed detectible levels of cotmme (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 WHEREAS, secondhand smoke has been ruled to be in 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 lower test scores, asthma, and numerous other health risks for children; and 5-7 Ordinance No. 2006- Page 2 WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobaccq products; and , WHEREAS, cigarette butts take one to five years to break down and are the item most frequently discarded as litter in the world; and WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the quality of the water; and WHEREAS, cigarette filters have been found ill fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks. \VHEREAS, 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 use the playground equipment, play sports, or enjoy being outside with family or friends; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; and by affmning and promoting the family atmosphere of the City's public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 8.22.030 is hereby amended to add Subsection D, as follows: D. No person shall smoke in any portion of Independence Park or Rancho Del Rey Park. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by Dave Byers Director of Public Works Operations ~<M~S\hr~)1 Ann Moore ' City Attorney 5-8 I I ORDINA.1'..JCE NO. 2006- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF MEMORIAL PARK AND DISCOVERY,'pARK WHEREAS, smoking IS the single most inlportant source or preventable disease ill California; and WHEREAS, the World Health Organization (WHO) estinlates 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 (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, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers 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 percent of nonsmokers showed detectible levels of cotmme (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 WHEREAS, secondhand smoke has been ruled to be in 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 lower test scores, asthma, and numerous other health risks for children; and 5-9 ~ Ordinance No. 2006- Page 2 WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products; and WHEREAS, cigarette butts take one to five years to h~ak down and are the item most frequently discarded as litter in the world; and ' WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the quality of the water; and WHEREAS, cigarette filters have been found ill fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks. WHEREAS, 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 use the playground equipment, play sports, or enjoy being outside with family or friends; 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 parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: Section 8.22.030 is hereby amended to add Subsection E, as follows: E. No person shall smoke in any portion of Memorial Park or Discovery Park. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by ~'C"~~~~ Ann Moore City Attorney Dave Byers Director of Public Works Operations 5-10 ORDINANCE NO. 2006- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF A..L"\fY CITY PARK NOT SPECIFICALL Y DESIGNATED IN THIS SECtION WHEREAS, smoking is the single most important source or preventable disease m California; 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, 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, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers 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 percent of nonsmokers showed detectible levels of cotmme (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 (SillS) 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 WHEREAS, secondhand smoke has been ruled to be in the same class of toxic arr pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous other health risks for children; and 5-11 Ordinance No. 2006- Page 2 WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products; and WHEREAS, cigarette butts take one to five years t~ break down and are the item most frequently discarded as litter in the world; and ' WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the quality of the water; and WHEREAS, cigarette filters have been found In fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks; and WHEREAS, this ordinance shall apply to all city-owned parks within the boundaries of the City of Chula Vista, with the following exceptions: Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park, which are specifically designated in section 8.22.030; and WHEREAS, 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 use the playground equipment, play sports, or enjoy being outside with family or friends; 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 parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: Section 8.22.030 is hereby amended to add Subsection F, as follows: F. No person shall smoke in any portion of any other City park not specifically designated in this section. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by ~~\'b~~, Ann Moore City Attorney Dave Byers Director of Public Works Operations 5-12