September 6, 2005 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING PROVISIONS OF CHAPTER 8.28 PROHIBITING SMOKING AT CITY FACILITIES, EXCEPT WITHIN DESIGNATED SMOKING AREAS, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE September 6, 2005 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING PROVISIONS OF CHAPTER 8.28 PROHIBITING SMOKING AT CITY FACILITIES, EXCEPT WITHIN DESIGNATED SMOKING AREAS, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE September 6, 2005 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING PROVISIONS OF CHAPTER 8.28 PROHIBITING SMOKING AT CITY FACILITIES, EXCEPT WITHIN DESIGNATED SMOKING AREAS, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: CAROL LYNCH, CITY ATTORNEY

DATE: September 6, 2005

SUBJECT: AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING PROVISIONS OF CHAPTER 8.28 PROHIBITING SMOKING AT CITY FACILITIES, EXCEPT WITHIN DESIGNATED SMOKING AREAS, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

RECOMMENDATION

Read Ordinance No. ____ "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING PROVISIONS OF CHAPTER 8.28 PROHIBITING SMOKING AT CITY FACILITIES, EXCEPT WITHIN DESIGNATED SMOKING AREAS, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE" by title only, waive further reading, and introduce the ordinance.

BACKGROUND

At the request of Council Member Long, our office has prepared an ordinance expanding the City’s prohibition against smoking within any enclosed City facility to prohibit smoking within any lot or parcel that is owned or operated by the City, including any City park, beach or open space area.

Government Code Section 7597 prohibits smoking within any public building or within twenty feet of the main entrance to a public building. Paragraph (b) of that Section also states that it does not preempt a city from adopting regulations that are more restrictive than this Section.

Government Code Section 7598 states:

"Except as provided in Section 7597, a public employee or other person may smoke in any outdoor area of a public building unless otherwise prohibited by state law or local ordinance and a sign describing the prohibition is posted by the state, county, or city agency or other appropriate entity."

Based on the foregoing, the City may adopt a restriction prohibiting smoking at parks, open space, beaches or other recreational areas that are owned or operated by the City, provided that the no-smoking restrictions are properly posted.

DISCUSSION

The change that is being requested by Council Member Long can be accomplished simply by amending the definition of "City facility" that is set forth in Section 8.28.010 B of the Municipal Code. Chapter 8.28 currently prohibits smoking within any enclosed City facility. By amending the term "City facility" to include any lot or parcel that is owned, leased or operated by the City, including any beach, park or open space area, smoking would be prohibited in those areas as well as within enclosed City structures.

Since some City employees or volunteers do smoke cigarettes, Staff suggests that an exception be created for any area of a City facility that is expressly designated as an area where smoking may occur. Otherwise, City employees or volunteers who work at a City facility would be required to leave the property to smoke a cigarette. This could jeopardize the person’s productivity and his or her ability to take a short break on City property to smoke a cigarette. Staff believes that it would not be difficult to establish an appropriate area at these facilities, such as the parking lot, where smoking could be allowed, but which would not jeopardize the health of others who are visiting or working at the City facility. Accordingly, Staff also is recommending that Section 8.28.020 C to state that smoking is prohibited: "in every city facility, except within a designated smoking area."

CONCLUSION

If the City Council concurs with Staff’s recommendation that the ordinance be adopted, the Council should read the proposed Ordinance by title only, waive further reading and introduce the Ordinance. The Ordinance may be adopted after second reading at the next Regular or Adjourned meeting of the City Council.

Respectfully submitted,

Carol Lynch, City Attorney

Reviewed by,

Les Evans, City Manager

Attachments:

Draft Ordinance

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING PROVISIONS OF CHAPTER 8.28 PROHIBITING SMOKING AT CITY FACILITIES, EXCEPT WITHIN DESIGNATED SMOKING AREAS, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended by amending subparagraph B of Section 8.28.010 of Chapter 8.28 to read as follows:

"B. ‘City facility’ means any structure, lot or parcel that is owned, leased or operated by the city of Rancho Palos Verdes, including, without limitation, any park, beach, recreation or open space area."

Section 2. Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended by amending subparagraph C of Section 8.28.020 of Chapter 8.28 to read as follows:

"C. In every City facility, except within a designated smoking area."

Section 3. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force and effect.

Section 4. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 5. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this _______ day of _______________, 2005.

_____________________________

Mayor

ATTEST:

___________________________

City Clerk