City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt the Ordinance prohibiting smoking in
Culver City parks.
BACKGROUND/DISCUSSION:
At the City Council meeting of June 12, 2006, the Council introduced the Ordinance,
with revisions, by a unanimous vote (5-0). From the dais, the City Council
suggested the following revisions to the Ordinance prior to adoption:
§9.10.505 – that the definition of “Park or Recreational Area” be revised to
specifically exclude the City Hall Courtyard.
§9.10.510(D) – that this section, relating to the prohibition of an ash can,
ashtray or other waste receptacle within a “no smoking” area, be deleted in its
entirety. (This section has been deleted and the remaining sections re-
lettered accordingly.)
§9.10.510 – that a new provision prohibiting the disposal of tobacco products
or tobacco paraphernalia within a Park or Recreational Area, except in a City-
designated waste receptacle, be added. Staff has also included an exception
for filming, consistent with §9.10.505(A). (This new provision has been
added as new §9.10.505(B) and the remaining sections re-lettered
accordingly.)
Meeting Date: 06/26/06 Item Number: C-5
AGENDA ITEM: Adoption of Ordinance Prohibiting Smoking in Culver City Parks.
Contact Person/Dept.: Heather Iker/City
Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master Notification List (06/21/06)
Department Approval:
Carol Schwab, City Attorney (by H. Iker
06/13/06)
CAO Approval: Martin R. Cole for Jerry
B. Fulwood (06/20/2006)
City Controller Approval:
Marlee Chang (06/21/2006)City of Culver City, California
City Council Agenda Item Report
All revisions have been included and the Ordinance, as revised, is brought back
tonight for adoption.
FISCAL ANALYSIS:
The additional regulations prohibiting smoking in public parks may require increased
enforcement activity by City staff, particularly the Police Department and City
Attorney’s Office. These costs cannot be easily quantified. In addition, there would
be a cost for the installation of adequate signage.
ATTACHMENTS:
1. Ordinance
MOTIONS:
That the City Council:
Adopt the Ordinance prohibiting smoking in Culver City parks.
MEETING DATE 06/26/06
AGENDA ITEM Adoption of Ordinance Prohibiting Smoking in Culver City
Parks
ATTACHMENTS
Pages|109| Ordinance
1-630
ORDINANCE NO 2006- AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING CHAPTER 9 10 OF THE CULVER
CITY MUNICIPAL CODE TO ADD SUBCHAPTER 9 10 500, et
seq RELATING TO THE PROHIBITION OF SMOKING IN
CULVER CITY PARKS
WHEREAS, the California Air Resources Board has identified environmental
tobacco smoke, or secondhand smoke, as a Toxic Air Contaminant which may cause and
contribute to death or serious illness including increased risks of cancer, and is especially
hazardous to children and people with asthma and other respiratory problems and
WHEREAS, according to the United Stated Environmental Protection
Agency, any level of exposure to secondhand smoke is harmful, and
WHEREAS, it is the intent of the City Council of the City of Culver City to
provide for the public s health, safety, and welfare by discouraging the inherently
dangerous activity of tobacco use around non-consenting individuals and
WHEREAS, The City Council hereby declares that this Ordinance, which
establishes regulations prohibiting smoking in City parks and recreational areas, is
necessary to protect the public from the hazards of smoking and secondhand smoke,
particularly in City parks, which are intended as a safe environment for the use and
enjoyment of Culver City residents and the general public, where individuals and families,
especially children congregate for recreational and relaxation purposes
NOW THEREFORE the City Council of the City of Culver City, California
DOES HEREBY ORDAIN as follows
SECTION 1 Chapter 9 10 of the Culver City Municipal Code is hereby
amended to add subchapter 9 10 500, et seq as follows
SMOKING PROHIBITIONED IN PARKS AND RECREATIONAL AREAS
§9 10 500 Purpose
§ 9 10 505 Definitions
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28§ 9 10 510 Prohibitions and Other Requirements
§ 9 10 515 Exemption
§ 9 10 520 Penalties and Enforcement
§ 9 10 525 Conflict of Provisions
§9 10 500 PURPOSE
It is the intent of the City Council of the City of Culver City to provide
for the public's health, safety, and welfare by discouraging the inherently
dangerous activity of tobacco use around non-consenting individuals The
City Council hereby declares that this subchapter which prohibits smoking in
Parks and Recreational Areas is necessary to protect the public from the
hazards of smoking and secondhand smoke, particularly in City parks, which
are intended as a safe environment for the use and enjoyment of Culver City
residents and the general public, where individuals and families, especially
children congregate for recreational and relaxation purposes
§ 9 '10 505 DEFINITIONS
For the purposes of this subchapter the following definitions shall
apply unless the context clearly indicates or requires a different meaning
Park or Recreational Area shall mean any outdoor area owned or
operated by the City of Culver City or Culver City Redevelopment Agency
open to the general public for primarily recreational purposes, regardless of
any fee or age requirement including but not limited to picnic areas
playgrounds, sports or athletic fields walking paths, gardens hiking trails,
bike paths, skateboard parks and dog parks A Park or Recreational Area
shall not include the City Hall Courtyard, Town Plaza, any paved public
sidewalk immediately abutting the boundary of the Park or Recreational Area
or any parking area within the boundaries of the Park or Recreational Area
Smoking or to Smoke shall mean the possession of a lighted
-2-Tobacco Product, lighted Tobacco Paraphernalia, or any other lighted weed
or plant including a lighted pipe cigar hookah pipe, or cigarette of any kind
and the lighting of a Tobacco Product, Tobacco Paraphernalia or any other
weed or plant including a pipe, cigar, hookah pipe, or cigarette of any kind
Tobacco Paraphernalia shall mean cigarette papers or wrappers
pipes, holders of smoking materials of all types, cigarette rolling machines,
and any other item designed for the smoking preparation, storing, or
consumption of Tobacco Products
Tobacco Product shall mean
A any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, bidis or any other preparation of tobacco, and
B any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for
sale, or otherwise distributed with the expectation that the product or matter
will be introduced into the human body, but does not include any product
specifically approved by the United States Food and Drug Administration for
use in treating nicotine or tobacco dependence
§ 9 10 510 PROHIBITIONS AND OTHER REQUIREMENTS
A Smoking within any Park or Recreational Area is
prohibited unless being done as part of a scene in a film television or live
performance production
B The disposal of any Tobacco Product or Tobacco Paraphernalia
within any Park or Recreational Area is prohibited, except in a City-
designated waste receptacle or unless being done as part of a scene in a
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C Nothing in this subchapter shall be construed to prohibit
Smoking in any area in which Smoking is already prohibited by state or
federal law unless the applicable state or federal law permits additional local
regulation
D Nothing in this subchapter shall be construed to grant any
person an affirmative right to Smoke or permit Smoking in any area in which
Smoking is otherwise prohibited by this subchapter, this Code, state, or
federal law, or prohibited by a person with property rights in the no-Smoking
area
E No person shall Smoke or knowingly permit Smoking in
an area under the person's legal or de facto control in which Smoking is
prohibited by this subchapter, this Code, state or federal law except a person
who is already compelled to act under state or federal law unless the
applicable state or federal law permits additional local regulation
F "No Smoking" signs, with letters of no less than one inch
in height and including the international `No Smoking' symbol (consisting of
a pictorial representation of a burning cigarette enclosed in a red circle
crossed by a red bar), shall be clearly and conspicuously posted and
maintained at all main entrances to a Park or Recreational Area and
additional signs shall be posted in a quantity and manner reasonably likely to
inform individuals occupying the Park or Recreational Area that smoking is
prohibited within the area
G The absence of signs required by subsection (F) above
shall not be a defense to a violation of any provision of this subchapter
H No person shall intimidate, threaten any reprisal, or effect any
reprisal, for the purpose of retaliating against another person who seeks to
attain compliance with this subchapter
-4-§ 9 10 515 EXEMPTION
The provisions of this subchapter shall not apply to any person acting
in a scene of a live performance production or a film or television production
as long as a Film Permit has been obtained, if required pursuant to the
provisions of Chapter 11 14 of this Code
§ 9 10 520 PENALTIES AND ENFORCEMENT
A The remedies provided by this subchapter are cumulative and
in addition to any other remedies available at law or in equity
B A violation of this subchapter is subject to a civil action brought
10 by the City Attorney, punishable by a civil fine not less than two hundred
'11 fifty dollars ($250) and not exceeding one thousand dollars ($1 000) per
12 violation
13 C A violation of any provision of this subchapter may, in the
14 discretion of the City Attorney, be prosecuted as an infraction or
15 misdemeanor The City Council shall, by resolution, establish the penalties
16 for a violation of this subchapter but in no event shall such penalties exceed
17 the maximum penalties permitted under State law
18 D Causing, permitting, aiding, abetting, or concealing a violation of
19 any provision of this subchapter shall also constitute a violation of this
20 subchapter
21 E Any violation of this subchapter is hereby declared to be a
22 public nuisance In addition, any violation of this subchapter involving
23 smoking is hereby declared to be a private nuisance
24 G Any person acting for the interests of itself, its members, or the
25 general public may bring a civil action to enforce this subchapter
26 § 9 10 525 CONFLICT OF PROVISIONS
27 In the event of any conflict between this subchapter and any other
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GARY SILBIGER, Mayor
City of Culver City, California
ATTEST
APPROVED AS TO FORM
CHRISTOPHER ARMENTA, City Clerk
provision of this Code this subchapter shall control
SECTION 2 Pursuant to Section 512 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 514
and 517 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City
SECTION 3 The City Council hereby declares that, if any provision section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences phrases
or words of this ordinance and as such they shall remain in full force and effect
APPROVED AND ADOPTED this 26th day of June, 2006
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