Ordinance 2012-09ORDINANCE NO. 2012-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING CHAPTER 19B OF
THE GILROY CITY CODE TO REGULATE
SMOKING IN CITY PARKS
WHEREAS, tobacco use causes death and disease and continues to be an urgent public
health challenge including stomach, liver, uterine, cervix, and kidney are related to tobacco use;
and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard; and
WHEREAS, exposure to secondhand smoke causes death and disease; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and
exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the
following:
• Levels of secondhand smoke exposure outdoors can reach levels attained indoors
depending on direction and amount of wind and number and proximity of smokers;
and
• Irritation from secondhand smoke begins at levels as low as 4 micrograms per
cubic meter, and in some outdoor situations this level can be found as far away as 13
feet from the burning cigarette; and
• Smoking cigarettes near building entryways can increase air pollution levels by
more than two times as compared to background levels, with maximum levels
reaching the "hazardous" range on the US EPA's Air Quality Index.
To be completely free from exposure to secondhand smoke in outdoor places, a
person may have to move nearly 25 feet away from the source of the smoke, about
the width of a two -lane road; and
WHEREAS, cigarette butts are a major and persistent source of litter; and
WHEREAS, creating smokefree areas helps protect the health of the 86.9% of
Californians who are nonsmokers; and
1JH11035391.6 1 ORDINANCE NO. 2012-09
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WHEREAS, society is becoming more supportive of smokefree outdoor areas, as
evidenced by the following,
• A 2008 survey of California voters found that 97% thought that secondhand
smoke is harmful, 88% thought secondhand smoke was harmful even outdoors, 65%
were bothered by secondhand smoke, and 73% support laws restricting smoking in
outdoor public places; and
• As of 2010, there are at least 273 California cities and counties with local laws
restricting smoking in recreational areas; 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, there is no Constitutional right to smoke; and
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to provide for
the public health, safety, and welfare by discouraging the inherently dangerous behavior of
smoking around non - tobacco users, especially children; by protecting the public from exposure
to secondhand smoke where they live, work, and play; by reducing the potential for children to
wrongly associate smoking with a healthy lifestyle; and by affirming and promoting a healthy
environment in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 19B.1 of Chapter 19B of the Gilroy City Code entitled "Definitions" is amended
to add the following definition:
" `Park' means a park, playground, swimming pool, recreation
center or any other area in the city, owned or used by the city and
devoted to active or passive recreation, with the exceptions that
`park' does not include the Gilroy Municipal Golf Course, Gilroy
Gardens, or Christmas Hill Park during the Gilroy Garlic Festival."
SECTION II
Section 19B.2 of Chapter 19B of the Gilroy City Code, entitled "Smoking prohibited," is
amended to add a new subsection 19B.2(9) to read as follows:
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"(9) Parks. Parks, as defined in section 1913.1, except for specific
areas within parks that are designated as permissible smoking
areas. Permissible smoking areas within parks shall be designated
from time to time by resolution of the city council.
Notwithstanding the above, the city administrator may temporarily
permit or prohibit smoking in designated areas of parks during
special public or private events. In such cases, the city
administrator shall require the event applicant to post paper signs
indicating the temporary change in park smoking rules in a form
and at locations required by the city administrator."
SECTION III
Section 1913.4 of Chapter 19B of the Gilroy City Code, entitled "Posting of signs," is
hereby amended to read as follows:
La) Posting of signs shall be the responsibility of the owner,
operator, manager or other person having control of any place
where smoking is prohibited by this chapter.
bb) "No Smoking" signs with letters of not less than one (1) inch
in height or the international "No Smoking" symbol (consisting of
a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it) shall be clearly, sufficiently and
conspicuously posted in every room, building or other place where
smoking is regulated by this chapter, including, but not limited to,
all entrances, all restrooms and all elevators. Signs of equivalent
size and character reading "Smoking Permitted" may be posted
where legally applicable. Alternative means of notification
(individual place cards, etc.) may be employed, provided they are
equivalent to the aforementioned signs in their effect. All other
signs required by this chapter shall be posted within ninety (90)
days after the effective date of this chapter. (Ord. No. 95 -3, 1 -23-
95)
(c) The absence of signs prohibiting smoking or permitting
smoking in n desipated areas shall not be a defense to a violation of
any provision of this chapter.
SECTION IV
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
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SECTION V
Pursuant to section 608 of the Charter of the City of Gilroy, Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adopted.
PASSED AND ADOPTED this 18th day of June, 2012 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, LEORE- MUNOZ, TUCKER
and PINHEIRO
NOES: COUNCILMEMBERS: BRACCO, DILLON
ABSENT: COUNCILMEMBERS: WOODWARD
APPROVED:
Albert finheiro, Mayor
ATTEST:
Freels, City
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2012 -09 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 18t` day of June, 2012, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 19'h day of June, 2012.
City`Clerk of the City of Gilroy
(Seal)