HomeMy WebLinkAboutOrd 2006-3045
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ORDINANCE NO. 3045
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT
SMOKING IN ANY PORTION OF ANY CITY PARK NOT
SPECIFICALL Y DESIGNATED IN THIS SECTION
WHEREAS, smoking is the single most important source or preventable disease in
California; and
WHEREAS, the World Health Organization (WHO) estimates that by the year 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
Ordinance No. 3045
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 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.
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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
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Ann Moore "-
City Attorney
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Ordinance No. 3045
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of October 2006, by the following vote:
AYES:
Councilmembers:
Chavez, McCann, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Castaneda,Rindone
ATTEST:
V-t...1.. ,~b n.
Susan Bigelow, MMC, City rk
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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. 3045 had its first reading at a regular meeting held on the 10th day of October,
2006 and its second reading and adoption at a regular meeting of said City Council held on the
17th day of October 2006.
Executed this 17th day of October 2006.
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Susan Bigelow, MMC, City Cle