HomeMy WebLinkAboutReso 167-06 Secondhand Smoke Enforce Policy
RESOLUTION NO. 167 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING THE CITY'S ENFORCEMENT POLICY FOR
DUBLIN MUNICIPAL CODE SECTION 5.56.160 RELATING TO
SECONDHAND SMOKE-NUISANCE DECLARATION
WHEREAS, on September 5,2006, the City Council of the City of Dublin ("City") amended Dublin
Municipal Code Chapter 5.56 related to Smoking Pollution Control to declare secondhand smoke a nuisance
("Ordinance"); and
WHEREAS, a city's declaration of nuisance may be enforced through an abatement action brought by
the city, and/or by an abatement action brought by a private citizen; and
WHEREAS, the Ordinance authorizes enforcement by a private citizen; and
WHEREAS, at this time, the City Council does not desire to expend City resources or staff time to
enforce the Ordinance.
NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE as follows:
1. Policy of Enforcement by City. The City shall not expend City resources or
Staff time to enforce the provisions of Section 5.56.160 of the Dublin Municipal Code relating to Secondhand
Smoke-Nuisance Declaration.
2. Effective Date. This Resolution shall take effect immediately.
3. Severability Clause. The provisions of this Resolution are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
PASSED, APPROVED, AND ADOPTED this 5th day of September 2006:
AYES:
NOES:
Council members Hildenbrand and McCormick, and Mayor Lockhart
Councilmembers Oravetz and Zika
ABSENT: None
ABSTAlN: None
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Reso No. 167-06, Adopted 9/5/06, Item 6.2
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