HomeMy WebLinkAbout2004-19 - Amending Chapter 11.08 of Title 11 of the Newport Beach Municipal Code, Pertaining to Conduct on Beaches and Piers – Prohibiting SmokingORDINANCE NO. 2004- 19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 11.08 OF TITLE
11 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO CONDUCT ON BEACHES AND PIERS
The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows:
SECTION 1: Findings: The City Council of the City of Newport Beach hereby finds
and declares that:
A. The beaches, municipal piers, public wharves, public floats and other public
property are unique and precious resources of the residents of Newport Beach
and its visitors. The City of Newport Beach is committed to keeping its beaches,
municipal piers, public floats and public wharves clean, safe, healthy and
pleasant for everyone.
B. Numerous studies have shown that secondhand smoke is a significant public
health hazard. The United States Environment Protection Agency (EPA) has
classified secondhand smoke as a group A carcinogen, the most dangerous
class of carcinogen. Smoking on beaches, piers and wharfs endangers children
and others by exposing them to secondhand smoke. Children who observe
smoking and tobacco use on public beaches, municipal piers, public floats and
public wharves may model the behavior.
C. The United States Centers for Disease Control and Prevention (CDC) estimates
that secondhand smoke causes 3,000 lung cancer deaths per year among adult
non - smokers in the United States. The EPA has concluded that secondhand
smoke causes coronary heart disease in non - smokers. Secondhand smoke is
especially hazardous to particular groups, including those with chronic health
problems, the elderly and children. The CDC has found that secondhand smoke
causes children to suffer from lower respiratory tract illness, such as bronchitis
and pneumonia, exacerbates childhood asthma, and increases the risk of acute
chronic middle ear infection in children.
D. Discarding cigarettes, cigarette butts, tobacco and used matches onto the ground
on City beaches, municipal piers, public floats, and public wharves is unsightly,
unclean and particularly hazardous to small children who handle and sometimes
ingest them. The City must collect tobacco litter on City beaches, municipal
piers, public floats and wharves or it will be collected by storm water and washed
directly into our ocean and bay waters in violation of the City's storm water
pollution prevention permit, and, to the detriment of ocean life and all ocean
users.
E. The City Council has determined that banning smoking and the improper
disposal of tobacco products on City beaches, municipal piers, public floats and
public wharves is necessary to protect the health, safety, and welfare of Newport
Beach residents and visitors.
D. The municipal code does not currently prohibit smoking on City beaches,
municipal piers, public floats and public wharves.
SECTION 2: Chapter 11.08 of Title 11 of Newport Beach Municipal Code is hereby
amended to read as follows:
Section 11.08.080 Smoking on City Beaches, Municipal Piers, Public Floats and
Public Wharves
A. "Smoke" or "Smoking" shall mean the carrying or holding of a lighted pipe, a
lighted cigarette or lighted cigarette of any kind, or any other lighted smoking
equipment, and a lighting of a pipe, cigar or cigarette, of any kind, and, inhaling,
emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any
other smoking equipment.
B. No person shall smoke within the boundaries of any public oceanfront or bay
front beach, including public walkways and strands adjoining beach areas, the
municipal piers, public floats, public wharves, Inspiration Point or Lookout Point,
except in certain outdoor locations and patio areas, if any, that the City Council
specifically designates by a resolution as temporary or permanent smoking
areas.
C. Disposal of Smoking Waste: No person shall dispose of any cigarette, cigar or
tobacco, or any part of a cigarette or cigar, including cigarette and cigar butts and
ashes and used matches in any place where smoking is prohibited under this
Chapter, except in any specifically designated smoking waste receptacle.
D. A violation of this section is an infraction.
E. Punishment under this section shall not preclude punishment pursuant to Health
& Safety Code Section 13002, Penal Code Section 374.4, or any other law
prescribing act of littering. Nothing in this section shall preclude any person from
seeking any other remedies, penalties or procedures provided by law.
SECTION 3: That 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 or constitutionality of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one to more sections, sub-
sections, sentences, clauses and phrases be declared unconstitutional.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 24th day of August 2004, and adopted on the 14th day of
September 2004, by the following vote, to -wit:
AYES, COUNCILMEMBERS Heffernan, Rosansky,
Bromberg, Webb, Mayor Ridgeway
NOES,COUNCILMEMBERS Nichols
ABSENT, COUNCILMEMBERS None
MAYOR /eM S
ATTEST:
CITY Cl ERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is six; that the foregoing
ordinance, being Ordinance No. 2004 -19 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th
day of September 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway
Noes: Nichols
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of September 2004.
(Seal)
f� J
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -19 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: September 18, 2004. 1
In witness whereof, I have hereunto subscribed my name this � day of Cf l )
2004.
*1tyClerk
City of Newport Beach, California