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HomeMy WebLinkAbout2004-19 - Amending Chapter 11.08 of Title 11 of the Newport Beach Municipal Code, Pertaining to Conduct on Beaches and Piers – Prohibiting SmokingORDINANCE NO. 2004- 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 11.08 OF TITLE 11 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO CONDUCT ON BEACHES AND PIERS The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Findings: The City Council of the City of Newport Beach hereby finds and declares that: A. The beaches, municipal piers, public wharves, public floats and other public property are unique and precious resources of the residents of Newport Beach and its visitors. The City of Newport Beach is committed to keeping its beaches, municipal piers, public floats and public wharves clean, safe, healthy and pleasant for everyone. B. Numerous studies have shown that secondhand smoke is a significant public health hazard. The United States Environment Protection Agency (EPA) has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen. Smoking on beaches, piers and wharfs endangers children and others by exposing them to secondhand smoke. Children who observe smoking and tobacco use on public beaches, municipal piers, public floats and public wharves may model the behavior. C. The United States Centers for Disease Control and Prevention (CDC) estimates that secondhand smoke causes 3,000 lung cancer deaths per year among adult non - smokers in the United States. The EPA has concluded that secondhand smoke causes coronary heart disease in non - smokers. Secondhand smoke is especially hazardous to particular groups, including those with chronic health problems, the elderly and children. The CDC has found that secondhand smoke causes children to suffer from lower respiratory tract illness, such as bronchitis and pneumonia, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children. D. Discarding cigarettes, cigarette butts, tobacco and used matches onto the ground on City beaches, municipal piers, public floats, and public wharves is unsightly, unclean and particularly hazardous to small children who handle and sometimes ingest them. The City must collect tobacco litter on City beaches, municipal piers, public floats and wharves or it will be collected by storm water and washed directly into our ocean and bay waters in violation of the City's storm water pollution prevention permit, and, to the detriment of ocean life and all ocean users. E. The City Council has determined that banning smoking and the improper disposal of tobacco products on City beaches, municipal piers, public floats and public wharves is necessary to protect the health, safety, and welfare of Newport Beach residents and visitors. D. The municipal code does not currently prohibit smoking on City beaches, municipal piers, public floats and public wharves. SECTION 2: Chapter 11.08 of Title 11 of Newport Beach Municipal Code is hereby amended to read as follows: Section 11.08.080 Smoking on City Beaches, Municipal Piers, Public Floats and Public Wharves A. "Smoke" or "Smoking" shall mean the carrying or holding of a lighted pipe, a lighted cigarette or lighted cigarette of any kind, or any other lighted smoking equipment, and a lighting of a pipe, cigar or cigarette, of any kind, and, inhaling, emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment. B. No person shall smoke within the boundaries of any public oceanfront or bay front beach, including public walkways and strands adjoining beach areas, the municipal piers, public floats, public wharves, Inspiration Point or Lookout Point, except in certain outdoor locations and patio areas, if any, that the City Council specifically designates by a resolution as temporary or permanent smoking areas. C. Disposal of Smoking Waste: No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, including cigarette and cigar butts and ashes and used matches in any place where smoking is prohibited under this Chapter, except in any specifically designated smoking waste receptacle. D. A violation of this section is an infraction. E. Punishment under this section shall not preclude punishment pursuant to Health & Safety Code Section 13002, Penal Code Section 374.4, or any other law prescribing act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. SECTION 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, sub- sections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of August 2004, and adopted on the 14th day of September 2004, by the following vote, to -wit: AYES, COUNCILMEMBERS Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway NOES,COUNCILMEMBERS Nichols ABSENT, COUNCILMEMBERS None MAYOR /eM S ATTEST: CITY Cl ERK STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is six; that the foregoing ordinance, being Ordinance No. 2004 -19 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of September 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of September 2004. (Seal) f� J City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -19 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: September 18, 2004. 1 In witness whereof, I have hereunto subscribed my name this � day of Cf l ) 2004. *1tyClerk City of Newport Beach, California