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Home My WebLink About8.1 Expansion of Smoking Prohibition to Comm Parks AGENDA STATEMENT PARKS AND COMMUNITY SERVICES COMMISSION rFOt� MEETING DATE: October 15, 2012 SUBJECT: Expansion of Smoking Prohibition to Community Parks Report Prepared by Roger Bradley,Assistant to the City Manager ATTACHMENTS: Draft Ordinance amending Dublin Municipal Code Chapter 5.56 — Smoking Pollution Control RECOMMENDATION: Provide recommendations to the City Council regarding the proposed smoking prohibition within Community Parks. FINANCIAL STATEMENT: None DESCRIPTION: At the City Council Meeting on September 18, 2012, the City Council directed Staff to prepare an ordinance amendment for augmenting the City's Smoking Pollution Control policies and regulations. As part of this direction, Staff was to include an expansion of the present prohibition of smoking within 100 feet of recreational areas within Community Parks, making Community Parks consistent with the total smoking prohibition within Neighborhood Parks and Squares. Current Law Smoking is prohibited within Neighborhood Parks and Squares. Additionally, smoking is prohibited within 100 feet of recreational areas within Community Parks, which includes play areas, playgrounds, picnic areas, sports fields and courts, etc. Community Parks include Emerald Glen Park, Fallon Sports Park, Dublin Swim Center, Dublin Heritage Center, Dougherty Hills Dog Park, Dublin Sports Grounds, and Shannon Park. Proposed Law Under the provisions of the draft Ordinance, smoking would be prohibited in totality within all City of Dublin parks. RECOMMENDATION: Staff recommends that the Parks and Community Services Commission provide recommendations to the City Council regarding the proposed smoking prohibition within Community Parks. COPIES TO: ITEM NO.: 8.1 G:\PARKS COMMISSION\AGNDSTMT\2012\10-15 Item 8.1 Park Smoking Ban.doc r � ORDINANCE NO. XX— 12 AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL WHEREAS, smoking has been shown to pose health risks to smokers; and WHEREAS, secondhand smoke and its residual contaminants have been shown to pose health risks to both smokers and nonsmokers; and WHEREAS, creating smokefree areas helps protect the health of the majority of Californians who are nonsmokers; and WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the health of it residents by reducing the possibility of exposure to secondhand smoke and its contaminates by increasing the areas in which smoking is prohibited; and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions; and WHEREAS, on October 21, 2008, the City Council of the City of Dublin adopted Ordinance 36-08 prohibiting smoking in all City parks with the expectation of Community Parks; and WHEREAS, Ordinance 36-08 prohibits smoking with 100 feet of recreational areas within Community Parks and the City Council desires to make Community Parks completely smokefree by prohibiting smoking within all Community Parks. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. The definitions for "community park" and "park recreation area" are hereby deleted from Section 5.56.040 of the Dublin Municipal Code. Section 2. Section 5.56.050.0 of the Dublin Municipal Code is hereby amended to read as follows: C. Smoking shall be prohibited in the following unenclosed places: 1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place; 2. Any city park eXGept f9F a GOMMURity paFk; 3. ARY paFk FeGFeatiGR area withiR any Gity park OF GOMMURity parks and within epte 1 ATTACHMENT 1 43. Any place where people are using or waiting for a service, entry, or a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands; .54. Any city-sponsored event, except in any area designated by the city as a smoking area. City-sponsored events may have one (1) but not more than three (3) designated smoking areas of an appropriate size, provided the area is prominently marked with signs and is located the greatest distance practicable from all areas of high pedestrian traffic, any parking lots, and any area in which smoking is prohibited by this code, state law, or federal law. In no case shall a designated smoking area be placed less than twenty-five (25) feet from such areas; 65. Smoking is prohibited in all multi-unit residence common areas, except that a landlord may designate a portion of the outdoor area of premises as a smoking area as provided in subsection (C)(6)(a) of this section. a. A designated smoking area: i. Must be located a reasonable distance from any area where smoking is prohibited; and ii. Must be no more than twenty-five percent (25%) of the total outdoor area of the premises for which it is designated; and iii. Must have a clearly marked perimeter; and iv. Must be identified by one conspicuous sign at the designated smoking area, and one conspicuous sign elsewhere on the premises; and v. Must not overlap with any area in which smoking is otherwise prohibited by this chapter or other provisions of this code, state law, or federal law. b. If a suitable area cannot be determined, an exemption from the requirements of this section may be granted at the discretion of the City Manager, or his or her designee; provided, that the smoking area does not overlap with any area otherwise prohibited by other provisions of this code, state law, or federal law. c. Nothing shall prevent a multi-unit residence from designating all outdoor areas of the premises as nonsmoking; - - - - - - - - 7-6. The unenclosed spaces of any parcel on which a private single-family residence licensed as a family day care home exists. 2 I Y Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this day of , 2012. AYES: NOES: ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk 1981480.1 3