HomeMy WebLinkAbout91-16 - Amending Sections 2-86 and 2-87; Smoking in Public FacilitiesORDINANCE NO. rI�
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA,
ADDING CHAPTER V TO TITLE 8 OF THE COSTA
MESA MUNICIPAL CODE AND AMENDING SECTIONS
2-86 AND 2-87 RELATING TO SMOKING IN
PUBLIC FACILITIES.
WHEREAS, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter V is hereby added to Title 8 of the
Costa Mesa Municipal Code to read as follows:
CHAPTER V. SMOKING IN
PUBLIC FACILITIES
Section 8-131. Purpose and Findings.
The City Council finds that the smoking of tobacco, or any
other weed, plant, or substance is a positive danger to health
and a material annoyance to those who are present in confined
spaces, and in order to serve public health, safety and welfare,
the declared purpose of this Chapter is to prohibit the smoking
of tobacco, or any other weed, plant or substance in public
facilities owned or operated by the City of Costa Mesa as stated
and required in this Chapter.
Section 8-132. Definitions.
The following words and phrases, whenever used in this
Chapter, shall be construed as defined in this Section:
(a) "Public Facility" means any building, structure or
room within a building or vehicle enclosed by a roof
and four walls with appropriate openings for ingress
and egress, and owned, leased or operated by the City
of Costa Mesa, a California municipal corporation, but
does not iclude facilities used as multi -family
residential buildings.
(b) "Smoke" or "Smoking" means and includes any of the
following:
(1) The combustion of any cigar, cigarette,
pipe, or any similar article using any form
of tobacco, or other combustible substance in
any form;
(2) The holding or carrying of a lighted
smoking device; or
(3) Emitting or exhaling the smoke directly
from a cigar, cigarette, pipe or any other
lighted smoking device.
(c) "Council Chambers" means that portion of the city
hall as designated as the council chambers generally
occupied by the city council.
Section 8-133. Smoking Prohibited.
Smoking is prohibited and is unlawful within all public
facilities, except in specially designated areas by resolution of
City Council, and the city council chambers which has been
designated and posted as a no smoking area by the City by signs
of sufficient number and posted in such locations as to be
readily seen by persons within such area.
Section 8-134. Administration.
The no smoking regulations established by this Chapter shall
be administered by City Code Enforcement Officers as designated
by the City Manager.
Section 8-135. Violations and Penalties.
Violation of Section 8-133 shall be deemed an infraction and
shall be punishable in accordance with the provisions set out in
Section 1-33 of this Code.
Section 2.
Sections 2-86 and 2-87 of the Costa Mesa Municipal Code are
hereby repealed and reserved.
Section 3. Severability.
The City Council of the City of Costa Mesa declares that
should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance indpendent of the
elimination herefrom of any such portion as may be declared
invalid.
Section 4.
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be
published once in the ORANGE COAST DAILY PILOT, a newspaper of
general circulation, printed and published in the City of Costa
Mesa or, in the alternative, the City Clerk may cause to be
published a summary of this Ordiance and a certified copy of the
text of this Ordinance shall be posed in the office of the city
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this atA day of , 1991.
-/J 4 d�
Mayor the City of Costa Mesa
Attest:
C ty Clerk of the City of cosda Mesa
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk
of the City Council of the City of Costa Mesa, hereby certify
that the above and foregoing Ordinance No. 91-16 was intro-
duced and considered section by section at a regular meeting
of the City Council held on the 3rd day of June, 1991, and
thereafter passed and adopted as a whole at a regular meeting
of the City Council held on the 17th day of June, 1991, by
the following roll call vote:
AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffs,
Humphrey
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Seal of the City of Costa Mesa this 18th day
of June, 1991.
V
City Clerk and ex -officio Clerk f the
City Council of the City of Co Mesa