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HomeMy WebLinkAboutOrd. 1486-2014ORDINANCE NO. 1486 -2014 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING REGULATION OF SMOKING TO INCLUDE ELECTRONIC SMOKING DEVICES IN DESIGNATED LOCATIONS WHEREAS, Article XI, Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Chapter 8.50 of the South San Francisco Municipal Code ( "Municipal Code ") regulates smoking within the City of South San Francisco ( "City ") and identifies locations within the City where smoking is prohibited; and WHEREAS, the use of Electronic Smoking Devices, commonly referred to as "e- cigarettes," "e- cigars," "e- cigarillos," "e- pipes," and "e- hookahs," are electronic devices often made to look like conventional tobacco products; and WHEREAS, Electronic Smoking Devices are designed to be used in the same manner as conventional tobacco products with the user exhaling a smoke -like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products; and WHEREAS, the use of Electronic Smoking Devices is exposing the public to secondhand electronic smoking device vapors which have not been scientifically proven as safe and have been found to contain nicotine and other potentially harmful chemicals; and WHEREAS, evidence suggests the possibility that Electronic Smoking Devices may normalize and increase the social acceptability and appeal of smoking, and possibly increase use of traditional tobacco products, particularly among youth; and WHEREAS, the use of Electronic Smoking Devices in smoke -free locations threatens to reverse progress that has been made in establishing a social norm that smoking is not permitted in certain public places and places of employment; and WHEREAS, in order to protect the health, welfare and safety of City residents and visitors by protecting them from exposure to secondhand byproducts of Electronic Smoking Devices, by reducing the potential for normalizing smoking in public places and places of employment, and by protecting youth from observing behavior that could encourage them to smoke, the City has decided to prohibit the use of Electronic Smoking Devices in City -owned or operated facilities. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: -1- SECTION 1. AMENDMENTS The City Council hereby amends Title 8 of the South San Francisco Municipal Code by amending Chapter 8.50, entitled "Regulation of Smoking" of the South San Francisco Municipal Code, by adding Section 8.50.090 in its entirety to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. SECTION IA. Section 8.50.090 shall be added to Chapter 8.50 to read as follows: 8.50.090 Use of Electronic Smoking Devices — Restricted. (a) Purpose and Intent. It is the intent of this section to provide individuals with a reasonable degree of protection from involuntary exposure to secondhand electronic smoking device vapor and to limit exposure of minors to an activity that may increase social acceptance of smoking activity by prohibiting smoking in certain specified areas. The compelling purpose and intent of this chapter includes, but is not limited to, generally promoting the health, safety, and welfare of all people in the community against the unknown health and societal effects of the use of Electronic Smoking Devices. (b) Definition — Electronic Smoking Device. "Electronic Smoking Device" means any electronic or battery- operated device or product that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the device. This term includes every variation and type of such products or devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor pen, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose. (c) Use of Electronic Smoking Devices Prohibited. The use of Electronic Smoking Devices is prohibited in the following places within the city: (1) City Buildings. The use of Electronic Smoking Devices is prohibited in all enclosed areas of any building or facility owned and occupied or leased and occupied by the City. (2) City -Owned Parking Structures. The use of Electronic Smoking Devices is prohibited in all City -owned parking structures. (3) City Vehicles. The use of Electronic Smoking Devices is prohibited in all City - owned, leased and /or controlled vehicles. (4) Parks and Recreation Areas. The use of Electronic Smoking Devices is prohibited in all parks and recreation areas within the City, designated as parks and recreation (PR) on the South San Francisco Zoning Map. (5) Outside of City Buildings. The use of Electronic Smoking Devices is prohibited within twenty feet of a main exit, entrance or operable window of any city facility or building covered by subsection (c)(1). -2- (6) City -Owned Parking Lots. The use of Electronic Smoking Devices is prohibited at all City -owned parking lots. (7) Designated Public Places. The use of Electronic Smoking Devices is prohibited in any open -air public places on City -owned property not otherwise covered by this section when designated by the City Manager. (d) Unlawful Acts. It is unlawful for any person to use an electronic smoking device in a place within the city where such use is prohibited by this section. (e) Violations. Any violation of this section shall be subject to the same penalties and enforcement as provided in Section 8.50.080. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the South San Francisco Examiner, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. -3- Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 26th day of March, 2014. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 9th day of April, 2014 by the following vote: AYES: Councilmembers Mark N Addiego Pradeep Gupta and Liza Normandy NOES: Vice Mayor Richard A Garbarino and Mayor Karvl Matsumoto None ABSTAIN: N ABSENT: None ATTEST: n ' .. e � tA Deputy City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 9th day of April, 2014. V k\ -4- Matsumoto, Mayor