HomeMy WebLinkAboutORD 1023ORD 1023 pT3 (Ìì À ‘ ORDINANCE NO. 1023
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING THE BALDWIN
PARK MUNICIPAL CODE PROHIBITING SMOKING IN
PUBLIC ACCESS AREAS OF CITY-OWNED BUILDINGS.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. That the City Council of the City of
Baldwin Park does hereby find, determine and declare, as
follows:
A. That studies by the Surgeon General of the
United States, the National Academy of Sciences, and
other health organizations have linked passive exposure
to tobacco smoke second-hand smoke) to a variety of
negative health conditions in nonsmokers; and
B. That health hazards induced by second-hand
smoke include lung cancer, respiratory infection,
decreased exercise tolerance, and decreased respiratory
function; and
C. That numerous studies have shown that a
majority of both smokers and nonsmokers desire to have
restrictions on smoking in public places; and
D. That the public interest; requires the enactment
of this Ordinance.
SECTION 2. That Chapter 2.68, entitled Prohibitions
on Smoking in Public Buildings, is hereby added to Title 2 of
the Baldwin Park Municipal Code, to read as follows:
Chapter 2.68. Prohibitions on Smoking in Public
Buildings.
Section 2.68.010. Purpose.
The City Council has determined that there is ample
evidence that smoking in any form is a serious hazard
to the health of members of the general public and an
irritation, inconvenience and discomfort to persons in
enclosed areas. In order to serve the public health,
safety and welfare, the declared purpose of this
Chapter is to promote a policy of nonsmoking in public
access areas of city-owned buildings.
Section 2.68.020. Definitions.
The words and phrases used in this Chapter
shall have the following meanings unless
from the context a different meaning is
apparent:
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ORD 1023 pT3 (Ìì À ‘ a) City-Owned Building' means any building
owned or leased and in use by the City of Baldwin
Park. City-Owned Building' shall not include
any building owned in part by the Baldwin Park
Redevelopment Agency which is also partly owned
by private individuals or corporations under a
Disposition and Development Agreement or Owner
Participation Agreement; City-Owned Buildings
include, but are not limited to, the Baldwin Park
Senior Center, the Baldwin Park Community Center,
the Morgan Park Activities Building, City Hall
and the Walnut Creek Nature Center.
b) Smoking' means the burning of any form of
tobacco, in a pipe, cigar or a cigarette or any
other device used for the burning of tobacco or
other similar combustible material, so that the
person in possession thereof can inhale and exhale
the smoke therefrom.
c) Public Access Area' means any area of a
City-Owned Building which is normally open and
accessible to the general public; Public Access Area
includes, but is not limited to, all elevators,
restrooms, public counter areas, and lobby areas, and
hallways and meeting rooms used by the public.
Section 2.68.030. Smoking Prohibited.
Smoking is hereby prohibited in Public Access Areas
of City-Owned Buildings.
Section 2.68.040. Signs.
Signs designating smoking" and no smoking" areas
in City-Owned Buildings shall be clearly, sufficiently
and conspicuously posted in City-Owned Buildings. The
manner of such posting, including the wording, size,
color, design, and place of posting, shall be deter-
mined by the City Manager.
Section 2.68.050. Penalties.
Any person who violates any provision of this Chapter
shall be guilty of an infraction and, notwithstanding
any other provision of this Code to the contrary, upon
conviction thereof, shall be punished by a fine of
not less than Ten $10.00) dollars.
Section 2.68.060. Severability.
If any provision of this Chapter or the application
thereof to any person or circumstance is held
invalid, such invalidity shall not affect the other
provisions or applications of this Chapter which can
be given effect without the invalid provisions or
applications, and to this end, the provisions of this
Chapter are severable."
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ORD 1023 pT3 (Ìì À ‘ Section 3. That the City Clerk shall cause this
Ordinance to be published in a newspaper of general circulation,
printed and published in the County and circulated in the City
within fifteen 15) days after its passage.
PASSED AND APPROVED this 19th day of July
1989.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, LINDA GAIR, City Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance No.
1023 was regularly introduced and placed upon its
first reading at a regular fleeting of the City Council on
the 5th day of July 1989. That thereafter,
said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 19th day of
July 1989_, by the following vote, to wit:
AYES: COUNCILMEMBERS:MCNEILL IZELL LOWES MAYOR KING
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS:NONE
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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