Agenda Item 19
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Maim, City Manager ( '
Steven Pacifico Graham, City Attorney
FOR: City Council Meeting of March 13, 2023
SUBJECT: Discussion / Direction Regarding Public Smoking Ordinance RECOMMENDATION:
Based on the analysis below, the City Manager and City Attorney's Office recommend that the City Council hold a discussion and provide direction on enacting a Smoking in Public Places Ordinance.
BA.CKGOUNINDI SCUSSION:
Smoking is a significant public health hazard, and it can harm not only smokers but also non-smokers.
Exposure to secondhand smoke can cause lung cancer, heart disease, and respiratory illnesses. The City of Yucaipa has received numerous complaints from residents and visitors about smoking in public places.
The California Health and Safety Code prohibits smoking in enclosed spaces, such as workplaces, restaurants, and bars. However, the state law does not address smoking in outdoor public places. Many cities and counties in California have enacted ordinances prohibiting smoking in outdoor public places.
To address the concerns of the community, the City Council could consider enacting an ordinance prohibiting smoking in public places. Such an ordinance could prohibit smoking in the following areas:
• City buildings and facilities such as YPAC
+ Parks and community centers;
• Buses or public transit stops.
The City Council of the City of Yucaipa has the authority to enact an ordinance prohibiting smoking in public places to address the concerns of the community, We recommend that the City Council discuss the matter further and provide direction on how to proceed. Attached as Attachment 1 is an example ordinance from the City of Riverside.
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Attachment 1
City of Riverside Municipal Code Chapter 6.23 (Amended 2017) Chapter 6.23 - SMOKING IN PUBLIC PLACES PROHIBITED
6.23.010 - Findings.
The City Council finds that the smoking of tobacco is a danger to the health and a material annoyance, inconvenience, discomfort and a possible health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, smoking in public places is prohibited, The City Council further finds that prohibiting the use of electronic cigarettes in locations where smoking is prohibited, including City -owned buildings, will protect the health of the citizens of the City of Riverside, facilitate enforcement of the smoking prohibition of this chapter, and protect youth from observing behaviors that could encourage them to smoke tobacco products.
6.23.020 - Authority and purpose.
A. This chapter is adopted pursuant to the authority granted to the City of Riverside in Article XI, Section 5(a) and Section 7 of the California Constitution, and Section 200 of the Riverside City Charter.
B. The purpose and intent of this chapter is to ensure that public places are safe and free from smoking and its related fire hazards.
6.23.030 - Definitions.
Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately; and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
Smoke or smoking means and includes any of the following: (1) the direct burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any similar kind of smoking equipment or article, using any form of tobacco, plant product, or other combustible substance in any form, or (2) the holding or carrying of a lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device, or (3) einitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device. "Smoke" also means the gaseous or vaporous products or particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment or article.
6.23.040 - Smoking prohibited public places.
It is unlawful for any person to smoke or to dispose of any lighted match or cigarette, cigar ashes or 522
any flaming or glowing substance in any public place including any place within the city, public or private, that is open to the general public regardless of any fee or age requirement, including, for example, city buildings, facilities, parks and community centers; bars; restaurants; stores; stadiums; service areas such as gas stations or ATM lines; playgrounds; taxis; buses or public transit stops. 523