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Ordinance No. 2021-01 | Amending GCC 19B.2 (9) Banning Smoking at all City Parks | Adopted 03/01/2021ORDINANCE NO. 2021-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING GILROY CITY CODE CHAPTER 19 TO ADD MODIFY SECTIONS 19B.2 (9) PERTAINING TO SMOKING IN PARKS. WHEREAS, pursuant to California Constitution article XI, section 7, and the City Charter, section 600, the City Council has the authority to enact ordinances which promote the public health, safety and general welfare of its residents ; and WHEREAS, the City Council finds that the modification to Gilroy City Code, Chapter 19, pertaining to banning smoking at all city parks is necessary and in the interest of the health, safety and welfare of the residents of the City; and WHEREAS, the City Council finds that this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq.), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it does not have the potential to result in a physical change to the environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations "CEQA Guidelines," sections 15061 (b )(3) ). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 19 of the Gilroy City Code entitled "Smoking Prohibited" is hereby amended by modifying Sections 19B.2 (9) to read as follows : 19B.2 Smoking prohibited. Labor Code Section 6404 .5 prohibits smoking in enclosed places of employment (as defined in that code section) in the State of California. In addition, pursuant to Labor Code Section 6404.5, local governments retain the right to adopt and implement stricter anti-smoking requirements than are imposed pursuant to Labor Code Section 6404.5, including the right to regulate and prohibit smoking in any area not defined as a place of employment or in which smoking is not regulated pursuant to Labor Code Section 6404.5. This chapter is intended to supplement the 4851-6497-4811v1 ERAMAKRISHNAN\04706083 -1- ORDINANCE NO. 2021-01 provisions of Labor Code Section 6404 .5. All places within the city shall be subject to the provisions of Labor Code Section 6404.5 , as such section may be amended or recodified from time to time. In addition, smoking is prohibited in all of the following places within the city : Section 19B.2 (9) Parks (9) Parks. Park grounds and parking lot(s). SECTION II 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 of the remaining portions of this ordinance . The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance , and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION ID Pursuant to section 608 of the Charter of the City of Gilroy , this ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 1st day of March, 2021 , by the following vote: AYES : NOES: ABSENT: 4851-6497 -4811v1 ERAMAKRISHNAN\04706083 COUNCILMEMBERS : ARMENDARIZ, BRACCO, HILTON, LEROE-MUNOZ, MARQUES, TOVAR, BLANKLEY COUNCILMEMBERS: COUNCILMEMBERS : -2- NONE. NONE. APPROVED : ORDINANCE NO. 2021-01 I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2021-01 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 1st day of March, 2021, 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 3rd day of March , 2021 . (Seal)