Agenda #: 7.1
Meeting Date: July 16, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENTS TO THE DIAMOND BAR CITY CODE TO PROHIBIT SMOKING IN CITY PARKS.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA"); and
B. Introduce for first reading by title only, waive full reading of the Ordinance, and schedule the second reading and adoption at the next regularly scheduled City Council Meeting:
ORDINANCE 04 (2024): “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 12.00.470 (SMOKING PROHIBITED IN CITY PARKS) TO DIVISION 2 (PARK RULES AND REGULATIONS) OF CHAPTER 12.00 (PARKS AND RECREATION) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PROPERTY) OF THE DIAMOND BAR CITY CODE TO PROHIBIT SMOKING IN CITY PARKS.”
FINANCIAL IMPACT:
None.
BACKGROUND:
Parks in the City of Diamond Bar play a vital role in promoting physical exercise, outdoor activities, and the overall well-being of park visitors. They offer spaces for people to connect with nature, reduce stress, relax mentally, and serve as community gathering places fostering social interactions and a sense of belonging.
Despite the strong smokefree laws in California, park visitors still face health risks from
exposure to secondhand smoke. According to the Centers for Disease Control and Prevention (“CDC”), there is no risk-free level of exposure to secondhand smoke, and even brief exposures can lead to serious health issues and death. The CDC estimates that secondhand smoke is responsible for approximately 41,000 deaths among nonsmokers each year, including deaths from lung cancer and heart disease.
Additionally, smoking-related litter and discarded cigarette butts can impact the cleanliness and maintenance of parks, posing environmental hazards and additional upkeep costs.
While California State law prohibits smoking within 25 feet of playgrounds or tot lot sandbox areas and within 20 feet from public building doors, it also allows cities to enact complete bans or regulations on smoking. Section 12.00.500 of the Diamond Bar Municipal Code (“DBMC”) currently prohibits smoking on or around hiking trails within the City. However, apart from this provision and the state law, no regulations specifically address smoking in parks within Diamond Bar. To date, over 400 California jurisdictions have adopted additional laws that further restrict smoking in outdoor recreation areas.
The proposed Ordinance (Attachment 1) would prohibit smoking within City parks.
ANALYSIS:
Adopting specific regulations to address smoking in parks is essential for the overall well-being and safety of the community. Aligning with Diamond Bar’s strategic goal of ensuring a Safe, Sustainable, and Healthy Community, the proposed ordinance expands on existing state law and bans smoking within City parks.
The ordinance defines smoking as the release of gases, particles, or vapors into the air and the act of inhaling, exhaling, or carrying lighted cigars, cigarettes, or other products intended for human inhalation, including tobacco smoke, marijuana, or cannabis smoke, or crack cocaine or heroin smoke. This also includes smoking from any electronic or battery-operated device used to deliver nicotine or other substances, such as electronic cigarettes (e-cigarettes), vapes, or vape pens.
Smoking will be prohibited within City parks, and a 50-foot perimeter around parks, including parking lots. However, the proposed ordinance does not apply to smoking on private property if a park perimeter encroaches on it or on paved public sidewalks bordering the park or any public street and sidewalk within the City. The Diamond Bar Center is excluded from this proposed ordinance due to its use for private rentals, where smoking will still be allowed during reservations, subject to existing California state law that prohibits smoking inside public buildings, and extends to outdoor areas within 20 feet of a main exit, entrance, and operable window of a public building.
Smoking during reservations at other City facilities located within City parks will be prohibited. Furthermore, the proposed ordinance also prohibits the disposal of any tobacco product or instrument, such as cigarettes, cigars, matches, electronic smoking devices, or matches in areas where smoking is prohibited. It should be noted that places where smoking is prohibited under State and Federal law will still apply.
The proposed ordinance establishes an enforcement mechanism and is enforceable by any member of the Los Angeles County Sheriff’s Department (“LASD”) who is authorized to enforce the provisions of the DBMC. The ordinance is designed to be self- educating through visible signage and community outreach materials. While the LASD is authorized to enforce any violation of the ordinance, much enforcement is likely to be reactive. Still, the LASD will maintain awareness of the City’s smoking regulations, warn and educate the public about the City’s smoking ban in City parks, and enforce the ordinance as needed. Violation of the ordinance will be deemed an infraction and punishable by Chapter 1.04 of the DBMC. Infractions are subject to the following penalties:
• $100.00 fine for the first violation
• $200.00 fine for the second violation within a 12-month period • $500.00 fine for a third or more violations within a 12-month period Penalties are not expected to be common. Therefore, it is recommended that the City Council approve the introduction of the Ordinance (Smoking Prohibited in City Parks), to be read by title only and waive further reading of the ordinance.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Ordinance is not subject to the California Environmental Quality Act (“CEQA”) in that it is an ordinance of general policy and procedure. It does not constitute a project within the meaning of CEQA and has no potential to result in either a direct or a reasonably foreseeable indirect physical change in the environment. Therefore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to projects, and only to those projects which have the potential for causing a significant effect on the environment.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a Ordinance No. 04 (2024) - Smoking Prohibited in City Parks