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Home My WebLink About2006/10/17 Item 3 I --nO~ tPoy ,. ORDIN."'-NCE NO. 2006- ~G. ~1\) ORDJNAl\fCE OF THE CITY OF CHULA VIST: A' ~ SECTION 8.22.030 OF THE MUNICIPAL CODE~{{i;~ SMOKING IN FRiENDSHIP P A.'LK " .... w1ffiREAS, smoking is the single most important slJurce or preventable disease ill California; and Vi/HEREA.S, 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 Emiromental PTotection 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, secondha,d 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, L'1cluding 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 cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and WHEREAS, secondha.'1d smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SmS) 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 resprra!ory tract infections, such as pneumonia and bronchitis, exacerbates cbldhood 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 w1ffiREAS, when children see adults smoking in a family-friendly place, it "normaJizes~ smoking, thereby making children more likely to try tobacco products; and 3A-i ( ( Ordinance No. 2006- Page 2 SECOND READING AND ADOPTION WHEREAS, cigarette butts take one to five years to break down and are the item most frequently discarded as litter in the world; and w1:IEREAS, ",ind and rain often carry cigarette blItts.:int<l waterways and threaten the quality of the water; and . w1:IEREAS, 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 enviro=ental 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 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 Dave Byers Director of Public Works Operations ~~~ Ann Moore City Attorney 3A-2.. I , r?~O~ ~t>-~O 1..~G.~ ~~\) ORDillANCE OF THE CITY OF ~~'*-~ VISTA AL'v:!ENDING SECTION 8.22 030 01;' nIEMUNICIPAL CODE TO PROHIBIT SMOKING IN AL'lY PORTION OF INDEPENTIENCE PARK AND RAL"fCHO DEL REY PARK ORDINAL"JCE NO. :C006- WHEREAS, smoking IS the single most important source or preventable disease in California; and WHEREAS, the World Health Organization (\VHO) estimates that by 2030, tobacco will account for lO 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, 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 Vv'HEREAS, 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 cbildhood asthma, and increases the risk of acute chronic middle ear infection in cbildren; 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 nwnerous other health risks for children; and 38-1 'R~O~ ~\) f>-\)O n\~Q,. ~ ~\) \\~ 'O'Y;.vO W1ffiREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobaccq products; and Ordinance No. 2006- Page 2 , WHEREAS, cigarette butts take one to five years to bieak 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 m 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 t..'le environmental impacts, staff reco=ends 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 aunosphere of the City's public parks. NOW, THEREFORE, THE CITY C01JNCIL 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 ~~fu~)i Ann Moore ' City Attorney 35-7 , I R'\\O~ ~\) ~O ~\~G. t'l ~~ ORDINANCE OF THE CITY OF _C~ VISTA AMEr..'DING SECTION 8.22.030 OF. t#E MUNICIPAL CODE TO PROHIBIT SMOKING IN' A.NY PORTION OF MEMORIAL PARK AND DISCOVERY,'}> ARK ORDINA."'JCE NO. 2006- WHEREAS, smoking is the single most important source or preventable disease in California; and WHEREAS, the World Health Organization (VlHO) 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 VlHEREAS, 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 bas 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 bas been linked to lower test scores, asthma, and numerous other health risks for children; and 3~-1 Page 2 o?'\\O~ ~\) t>-\) ,,'G.1>1 ~l>-\)\\" ~\) '?' WHEREAS, when children see adults smoking in a family-~9 place, it "normalizes" smoking, thereby making children more likely to try tobacco products; and Ordinance No, 2006- . . WHEREAS, cigarette butts take one to five years to bU':llt. 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, staffreco=ends 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, TIffiREFORE, 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 ~~~~~ Ann Moore City Attorney Dave Byers Director of Public Works Operations 3C - z... I f , DO?\\O~ ORDINANCE NO. 2006- ?o.~\)\~~ Jl-~\) f>( Sr:.CO~\) ORDINANCE OF THE CITY OF CHULA VISTA A.MENDING SECTION 8.22.30 OF THE MUNICIPAL C,ODE TO PROHIBIT SMOKING IN ANY PORTION OF AL~ qTY PARK NOT SPECIFICALL Y DESIGNATED IN TIDS SECtION 'NHEREAS, smoking is the single most important source or preventable disease in California; and 'NHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for IO million deaths per year, making it the greatest cause of death worldwide; and 'NHEREAS, 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 w1fEREAS, 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 w1fEREAS, 87.9 percent of nonsmokers showed detectible 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 grOV/th with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SmS) in infants of mothers who smoke; and w1fEREAS, 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 chil dren; 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 3D-j Ordinance No. 2006- Page 2 . DO'ti\O~ ?V\)\~G t>-~\) ~ S~CO~'0 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 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 0 f 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 enviro=ental 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 Dave Byers Director of Public Works Operations ~~\'bffi~, Ann Moore City Attorney 3.D-2