Resolution 2012-32RESOLUTION NO. 2012-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DESIGNATING PERMISSIBLE SMOKING AREAS
IN CITY PARKS
WHEREAS, the City Council adopted Ordinance No. 2012 -09, which amended sections
1913.1, 1913.2 and 1913.4 of the City Code to regulate smoking in "parks," as defined in section
19B.1, for the purpose of providing for 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; 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, section 19B.2(9) of the City Code prohibits smoking in parks, with the
exception that permissible smoking areas within parks shall be designated from time to time by
resolution of the city council, and that section also gives the city administrator the ability to
temporarily permit or prohibit smoking in designated areas of parks posted with temporary signs
during special public or private events.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
SECTION I
Pursuant to section 19B.2(9) of the City Code, the City Council hereby designates as
permissible smoking areas the parks and areas described in Exhibit "A" hereto, which is
incorporated herein, and temporary permission or prohibition of smoking in designated areas of
parks posted with temporary signs may be granted by the city administrator during special public
or private events.
SECTION II
This Resolution shall take effect only if, and upon the same date that Ordinance 2012 -09
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1MDOLINGER11037123.3 RESOLUTION NO. 2012-32
031412-04706169
takes effect amending sections 19B.1, 1913.2 and 1913.4 of the City Code. If said ordinance does
not take effect, then this Resolution shall be null and void without further action by the City
Council.
PASSED AND ADOPTED this 18th day of June, 2012, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, LEORE- MUNOZ, TUCKER
and PINHEIRO
BRACCO, DILLON
WOODWARD
APPROVED:
lb t Pinheiro, Mayor
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WDOLINGEM1037123.3 RESOLUTION NO. 2012 -32
031412 - 04706169
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,�. GILROY
,. SPORTS
PARK
q. r:
May
2012
Designated Smoking
Area
Site one - east of flagpole
Site two - west of
restroom
Del Rey Park - 2006
R
Ir
1
C)
Designated Smoking Area
One Site — south west
EM
CARRIAGE
* HILLS
PARK
May
2012
C)
Designated Smoking
Area
One Site — north east
4
,l . . ,
SUNRISE
PARK
May
2012
(D
Designated
Smoking Area
One Site — south
east
PS ST
z
E
-ALL 1
Designated Smoking
Area
One Site — north west
0
Il
�
r L
Butcher Park - 2006
i b fl,
C)
Designated Smoking
Area
One Site — north east
r
LOS
PARK
r May
UP 2012
Ad low,
M` q
.��
Designated Smoking
Area
, One Site south
C3
Las Animas Veteran's Park 2006
F I
I ia
Designated Smoking
Area
Site one — north west
Site two — north east
A.
0
Ex,
2006
0
Designated Smoking Area
One Site — south
Renz Park - 2006
1 42,'
WIM
F.
Designated Smoking
=One Site — north west
1
Wheeler Tot Lot - 2006
k
whibit A
Designated Smoking
Area
One Site — north east
n&-,Iy
Christmas Hill Park - 2006
I i 1 i
C)
Designated
Smoking Area
Site one —
between Walnut
& Sycamore
BBQ area at
light pole
Site two — near
barn & parking
lot on Ranch
Site Area
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -32 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the Wh 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 19d` day of June, 2012.
Sh�Cvna Freels, CVC
City Clerk of the of Gilroy
(Seal)