HomeMy WebLinkAboutORD 1332 ORDINANCE NO. 1332
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADDING CHAPTER 94.5 TO THE BALDWIN
PARK MUNICIPAL CODE RELATING TO SMOKING IN
RESIDENTIAL MULTI-FAMILY UNITS
WHEREAS, tobacco use causes death and disease and continues to be an urgent
public health threat, as evidenced by the following:
• Tobacco-related illness is the leading cause of preventable death in the
United States, accounting for as many as 443,000 deaths each year; and
• Scientific studies have concluded tobacco use can cause chronic lung
disease, coronary heart disease, and stroke, in addition to cancer of the
lungs, larynx, esophagus, and mouth; and
• Some of the most common types of cancers, including stomach, liver, uterine
cervix, and kidney cancers, are related to tobacco use; and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard,
as evidenced by the following:
• The U.S. Surgeon General concluded there is no risk-free level of exposure
to secondhand smoke; and
• The California Air Resources Board placed secondhand smoke in the same
category as the most toxic automotive and industrial air pollutants by
categorizing it as a toxic air contaminant for which there is no safe level of
exposure; and
• The California Environmental Protection Agency included secondhand smoke
on the Proposition 65 list of chemicals known to the state of California to
cause cancer, birth defects, and other reproductive harm; and
WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced
by the following:
• Secondhand smoke is responsible for as many as 73,000 deaths among
nonsmokers each year in the United States; and
• Exposure to secondhand smoke increases the risk of coronary heart disease
by approximately thirty percent; and
• Secondhand smoke exposure causes lower respiratory tract infections, such
as pneumonia and bronchitis in as many as 300,000 children in the United
States under the age of 18-months each year; and exacerbates childhood
asthma; and
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WHEREAS, the U.S. Food and Drug Administration conducted laboratory analysis
of electronic cigarette samples and found they contained carcinogens and toxic
chemicals to which users and bystanders could potentially be exposed; and
WHEREAS, tobacco use and exposure to secondhand smoke impose great
economic costs, as evidenced by the total annual economic burden of smoking in the
United States is $193 billion; and
WHEREAS, smoking is the primary cause of fire-related injuries and deaths in the
home, as evidenced by the following:
• One in four fatalities from home fires caused by smoking is NOT the smoker
whose cigarette started the fire, and 25% of those deaths were of neighbors
or friends of the smoker; and
WHEREAS, nonsmokers who live in multi-unit dwellings can be exposed to
neighbors' secondhand smoke, as evidenced by the following:
• Secondhand smoke can seep under doorways and through wall cracks; and
• Persons living in apartments near smokers can be exposed to elevated
pollution levels for 24 hours a day, and at times, the particulate matter
exposure can exceed the U.S. Environmental Protection Agency's 24-Hour
Health Based Standard; and
• The Surgeon General has concluded that eliminating smoking in indoor
spaces is the only way to fully protect nonsmokers from secondhand smoke
exposure and that separating smokers from nonsmokers, cleaning the air,
and ventilating buildings cannot completely prevent secondhand smoke
exposure; and
WHEREAS, most Californians do not smoke and a majority favor limitations on
smoking in multi-unit residences, as evidenced by the following:
• Nearly 87% of Californians and 91% of California women are nonsmokers;
and
• 74% of Californians surveyed approve of apartment complexes requiring at
least half of rental units be nonsmoking; and
• 69% of Californians surveyed favor limiting smoking in outdoor common
areas of apartment buildings and 78% support laws that create nonsmoking
units; and
• 62% of California renters feel that there is a need for laws to limit smoking in
apartments; and
WHEREAS, a local ordinance that authorizes residential rental agreements to
include a prohibition on smoking of tobacco products within rental units is supported by
California law with the recent signing of SB-332 by Governor Brown; and
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WHEREAS, there is no Constitutional right to smoke; and
WHEREAS, California law prohibits smoking in virtually all indoor places of
employment reflecting the State policy to protect against the dangers of exposure to
secondhand smoke;and
WHEREAS, California law declares anything which is injurious to health or obstructs
the free use of property, so as to interfere with the comfortable enjoyment of life or
l Y
property, is a nuisance; and
WHEREAS, the City has broad latitude to declare nuisances and is not constrained
by prior definitions of nuisance; and
WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide
for the public health, safety, and welfare by discouraging the inherently dangerous
behavior of smoking around non-tobacco users, by protecting children from exposure to
smoking where they live and play and by protecting the public from nonconsensual
exposure to secondhand smoke in and around their homes.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The City Council hereby adopts the foregoing findings and they and
the information supporting those findings, as provided by the staff report, both written
and oral, and oral testimony given at the meetings at which this Ordinance was
introduced and adopted, are incorporated into this Ordinance as though set forth in full.
SECTION 2. Chapter 94.5 is hereby added to the Baldwin Park Municipal Code to
read in its entirety as follows:
CHAPTER 94.5
SMOKEFREE MULTI-FAMILY HOUSING
Sec. 94.5.010. DEFINITIONS. For the purposes of this chapter the following
definitions shall govern unless the context clearly requires otherwise:
(a) "Common Area" means every Enclosed Area or Unenclosed Area of a Multi-
Unit Residence that residents of more than one Unit of that Multi-Unit Residence are
entitled to enter or use, including, for example, halls and paths, lobbies and
courtyards, elevators and stairs, community rooms and playgrounds, gym facilities
and swimming pools, parking garages and parking lots, shared restrooms, shared
laundry rooms, shared cooking areas, and shared eating areas.
(b)"Common Interest Complex" means a Multi-Unit Residence that is a
condominium project, a community apartment project, a stock cooperative or a
planned development as defined by California Civil Code section 1351.
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(c) "Enclosed Area" means an area in which outside air cannot circulate freely to
all parts of the area, and includes an area that has:
(1) any type of overhead cover whether or not that cover includes vents or
other openings and at least three (3) walls or other vertical boundaries of any
height whether or not those boundaries include vents or other openings; or
(2) four (4) walls or other vertical boundaries that exceed six (6) feet in height
whether or not those boundaries include vents or other openings.
(d) "Family Day Care Home" shall be defined as by California Health and Safety
Code section 1596.78.
(e) "Landlord" means any Person who owns property with a Multi-Unit Residence
and lets that property for residential use, any Person who lets residential property
used as Multi-Unit Residences and any Person who manages such property, except
that "Landlord" does not include a master tenant who sublets a Unit, as long as the
master tenant sublets only a single Unit of a Multi-Unit Residence.
(f) "Multi-Unit Residence" means property containing two (2) or more attached
Units, except the following specifically excluded types of housing:
(1) a hotel or motel that meets the requirements set forth in California Civil
Code section 1940(b)(2), as amended;
(2) a mobile home park;
(3) a campground;
(4) a detached single-family dwelling; and
(5) a detached single-family dwelling with a detached or attached "granny" or
second unit when permitted pursuant to California Government Code sections
65852.1, 65852.150 or 65852.2 or an ordinance of the City adopted pursuant to
those sections.
(g) "New Unit" means a Unit that is issued a certificate of occupancy after June
2, 2012.
(h) "Nonsmoking Area" means any Enclosed Area or Unenclosed Area of a Multi-
Unit Residence in which Smoking is prohibited: (1) by this chapter or other law, (2)
by binding agreement relating to the ownership, occupancy or use of real property or
(3) by designation of a Person with legal control over the Enclosed or Unenclosed
Area. In the case of a Smoking prohibition established only by private agreement or
designation and not by this chapter or other law, it shall not be a violation of this
chapter for a Person to engage in Smoking or to allow Smoking in a Nonsmoking
Area unless: (1) the Person knows Smoking is not permitted or (2) a reasonable
Person would know Smoking is not permitted.
(i) "Nonsmoking Unit" means a Unit within a Multi-Unit Residence designated
pursuant to and in accordance with section 94.5.040, 94.5.050 or 94.5060.
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(j) "Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity including government agencies.
(k) "Rental Complex" means a Multi-Unit Residence for which fifty percent (50%)
or more of then Units are let by or on behalf of the same Landlord.
(I) "Smoke" means the gases, particles, or vapors released into the air as a result
of combustion, electrical ignition or vaporization, when the apparent or usual
purpose of the combustion, electrical ignition or vaporization is human inhalation of
the byproducts, except when the combusting or vaporizing material contains no
tobacco or nicotine and the purpose of inhalation is solely olfactory or congestion
relief, such as, for example, smoke from incense or vapor from a congestion
relieving vaporizer. The term "Smoke" includes, but is not limited to, tobacco smoke,
electronic cigarette vapors, and marijuana smoke.
(m) "Smoking" means engaging in an act that generates Smoke, such as, for
example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, an
operating electronic cigarette or a lighted cigarette of any kind or lighting or igniting a
pipe, a hookah pipe, a cigar or a cigarette of any kind.
(n) "Smoking Area" means a location within a Multi-Unit Residence designated
pursuant to and in accordance with subsection 94.5.020 (b).
(o) "Unenclosed Area" means any area that is not an Enclosed Area.
(p) "Unit" means a personal dwelling space, even where lacking cooking facilities
or private plumbing facilities, and includes any associated exclusive-use Enclosed
Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or
patio.
Sec. 94.5.020. NO SMOKING PERMITTED IN COMMON AREAS EXCEPT IN
DESIGNATED SMOKING AREAS.
(a) Smoking is prohibited in all Common Areas pursuant to Section 94.5.090
except that a Person with legal control over a Common Area, such as, for example,
a Landlord or homeowners' association, may designate a portion of the Common
Area as a Smoking Area; provided, that at all times the Smoking Area, at a
minimum, complies with paragraph (b) below.
(b) For a location to be considered a Smoking Area, at a minimum it:
(1) Must be an Unenclosed Area.
(2) Must be located at least twenty-five (25) feet from any Enclosed Area that
is a Nonsmoking Area; provided, that a Person with legal control over a Common
Area in which a Smoking Area has been designated shall modify, relocate or
eliminate that Smoking Area so as to maintain compliance with the requirements
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of this subsection (b) (i) as laws change, (ii) as binding agreements are created
and (iii) as Nonsmoking Areas on neighboring property are established.
(3) Must be at least twenty-five (25) feet from Unenclosed Areas primarily
used by children and Unenclosed Areas with improvements that facilitate
physical activity including, for example, playgrounds, tennis courts, swimming
pools and school campuses.
(4) Must be no more than ten percent (10%) of the total Unenclosed Area of
the Multi-Unit Residence for which it is designated.
(5) Must have a clearly marked perimeter.
(6) Must be identified by conspicuous signs. The signs shall have letters of no
less than one inch in height. Such signs shall be maintained by the Person or
Persons with legal control over the Smoking Area.
(c) No Person with legal control over a Common Area in which Smoking is
prohibited by this chapter or other law shall knowingly permit the presence of any
ash tray, ash can or other receptacle designed for or primarily used for disposal of
Smoking waste within the Common Area.
(d) Clear and unambiguous "No Smoking" signs shall be posted in sufficient
numbers and locations to make Common Areas where Smoking is prohibited by this
chapter or other law obvious to a reasonable person. The signs shall have letters of
no less than one inch in height or contain the international "No Smoking" symbol
(consisting of a pictorial representation of a burning cigarette enclosed in a red circle
crossed by a red bar). Such signs shall be maintained by the Person or Persons
with legal control over the Common Areas. The absence of signs shall not be a
defense to a violation of any provision of this chapter.
Sec. 94.5.030. NONSMOKING BUFFER ZONES.
Smoking is prohibited in every Unenclosed Area of a Multi-Unit Residence,
including any balcony, porch, deck and patio, that is within twenty-five (25) feet in
any direction of any doorway, window, opening or other vent into an Enclosed Area
that is a Nonsmoking Area.
Sec. 94.5.040. SMOKING RESTRICTIONS IN NEW UNITS OF MULTI-UNIT
RESIDENCES.
Each New Unit of a Multi-Unit Residence is hereby designated a Nonsmoking
Unit, including without limitation each New Unit in a Rental Complex or in a
Common Interest Complex.
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Sec. 94.5.050. NONSMOKING DESIGNATIONS FOR EXISTING UNITS OF A
COMMON INTEREST COMPLEX.
(a) Each Unit of a Common Interest Complex that is not a New Unit is hereby
designated as a Nonsmoking Units as of December 2, 2014; provided, that all the
Units of a Common Interest Complex need not be designated as Nonsmoking Units
if the members of a Common Interest Complex fully comply with subsection (b)
below.
(b) By a vote of the membership of the subject Common Interest Complex as
provided in subsection (1) below, the members of a Common Interest Complex may
choose to designate fewer than one-hundred percent (100%) of existing Units as
Nonsmoking Units by fully complying with the requirements stated in subsections (1)
- (4) below. Otherwise subsection (a) above shall apply.
(1) A vote by the membership of the subject Common Interest Complex on
the threshold question of allowing less than one hundred percent (100%) of Units
to be designated Nonsmoking Units must take place before September 2, 2014.
(2) No less than eighty percent (80%), of Units of the of the subject Common
Interest Complex, that are not New Units, shall be permanently designated as
Nonsmoking Units
(3) Where possible, best efforts shall be made to group Nonsmoking Units
together, both horizontally and vertically, and physically separate them from
Units where Smoking may be allowed.
(4) No later than December 2, 2014, the final designations must be made and
the following must be submitted in accordance with Section 94.5.100:
(i) a description of each designated Nonsmoking Unit sufficient to identify,
readily, each one and
(ii) a diagram depicting the location of each designated Nonsmoking Unit
in relation to all other Units of the of the subject Common Interest Complex .
Sec. 94.5.060. NONSMOKING DESIGNATIONS FOR EXISTING UNITS OF A
RENTAL COMPLEX.
(a) All Units of a Rental Complex, that are not New Units, are hereby designated
Nonsmoking Units as of December 2, 2014; provided, that all the Units of a Rental
Complex need not be designated Nonsmoking Units if the applicable Landlord fully
complies with subsection (c) below.
(b) Unless a Landlord fully complies with subsection (c) below, at least sixty (60)
days before December 2, 2014, the Landlord shall provide each tenant with:
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(1) a written notice clearly stating all Units, including the tenant's Unit, are
designated Nonsmoking Units and Smoking in a Unit will be illegal as of
December 2, 2014 and
(2) a copy of this chapter.
(c) A Landlord may choose to designate fewer than one-hundred percent
(100%) of existing Units, that are not New Units, of a Rental Complex as
Nonsmoking Units by complying, fully, with the requirements stated in subsections
(1) - (7) below. However, subsection (a) above shall apply whenever a Landlord
takes no action or only partially complies with the requirements of this subsection.
(1) The Landlord shall permanently designate at least eighty percent (80%) of
Units as Nonsmoking Units.
(2) To the maximum extent practicable, nonsmoking Units must be grouped
together both horizontally and vertically and physically separated from Units
where Smoking may be allowed. Where possible all Units where Smoking may
be allowed shall be in a single building of a multi-building Multi-Unit Residence.
(3) No later than December 2, 2012, a Landlord who chooses to designate
fewer than one hundred percent (100%) of the Units of a Multi-Unit Residence as
Nonsmoking Units shall submit the following in accordance with Section
94.5.100:
(i) a description of each designated Nonsmoking Unit sufficient to identify,
readily, the one and
(ii) a diagram depicting the location of the designated Nonsmoking Units
in relation to all other Units.
(4)At least sixty (60) days before submitting the designation of the
Nonsmoking Units required by subsection (3), above, the Landlord shall provide
each tenant with:
(i) a written notice of the proposed designations, clearly stating Smoking in
a Unit which is designated as a Nonsmoking Unit will be illegal as of
December 2, 2014, and inviting comments on the proposed designations of
Nonsmoking Units within the requisite timeline,
(ii) a diagram depicting the location of the designated Nonsmoking Units
in relation to all other Units and
(iii) a copy of this chapter.
(5) A Landlord may modify the proposed designations based upon comments
received from tenants.
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(6) At least thirty (30) days before submitting the final designations of
Nonsmoking Units required by subsection (3) above, the Landlord shall provide all
tenants written notice of the final designations clearly stating Smoking in a
designated Nonsmoking Unit will be illegal as of December 2, 2014, a copy of the
final documents that will be submitted pursuant to Section 94.5.090 of this
chapter and a diagram depicting the location of the designated nonsmoking Units
in relation to all other Units shall be posted on the premises. Those final
designations may differ from the proposed designations on which tenants were
invited to comment.
(7) A Unit in a Rental Complex for which a Landlord is required to submit
information pursuant to Section 94.5.090 of this chapter but for which such
information, for any reason, is not fully and timely submitted is hereby designated
as a Nonsmoking Unit as of December 2, 2014.
Sec. 94.5.070. REQUIRED AND IMPLIED LEASE TERMS FOR ALL NEW AND
EXISTING UNITS IN RENTAL COMPLEXES.
(a) Every lease or other rental agreement for the occupancy of a Unit in a Rental
Complex, including, for example, New Units and existing Units, entered into,
renewed, or continued month-to-month after December 2, 2011, shall include the
provisions set forth in subsection (b), below, on the earliest possible date when such
an amendment is allowable by law when providing the minimum legal notice.
(b) Every lease or other rental agreement for the occupancy of a Unit in a Rental
Complex, including, for example, New Units and existing Units, entered into,
renewed, or continued month-to-month after December 2, 2011, shall be amended to
include the following provisions:
(1) A clause providing that as of December 2, 2014, it is a material breach of
the agreement to allow or engage in Smoking in the Unit unless the Landlord has
supplied written notice the Unit has not been designated a Nonsmoking Unit and
no other prohibition against Smoking applies. Such a clause might state, "It is a
material breach of this agreement for tenant or any other person subject to the
control of the tenant or present by invitation or permission of the tenant to
engage in smoking in the unit as of December 2, 2014, unless landlord has
provided written notice the unit has not been designated a nonsmoking unit and
smoking in the unit is not otherwise prohibited by this agreement, other
agreements or by law."
(2) A clause providing it is a material breach of the agreement for tenant or
any other Person subject to the control of the tenant or present by invitation or
permission of the tenant to engage in Smoking in any Common Area of the
property other than a Smoking Area. Such a clause might state, "It is a material
breach of this agreement for tenant or any other person subject to the control of
the tenant or present by invitation or permission of the tenant to engage in
smoking in any common area of the property, except in an outdoor area
designated for smoking, if one exists."
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(3) A clause providing it is a material breach of the agreement for tenant or
any other Person subject to the control of the tenant or present by invitation or
permission of the tenant to violate any law regulating Smoking while anywhere
on the property. Such a clause might state, "It is a material breach of this
agreement for tenant or any other person subject to the control of the tenant or
present by invitation or permission of the tenant to violate any law regulating
smoking while anywhere on the property."
(4) A clause expressly conveying third-party beneficiary status to all occupants
of the Rental Complex as to the Smoking provisions of the agreement. Such a
clause might state, "Other occupants of the property are express third-party
beneficiaries of those provisions in this agreement that concern smoking. As such,
other occupants of the property may seek to enforce such provisions by any lawful
means, including by bringing a civil action in a court of law."
(c) Whether or not a Landlord complies with subsections (a) and (b) above, the
clauses required by those subsections shall be implied and incorporated by law into
every agreement to which subsections (a) or (b) apply and shall become effective as of
the earliest possible date on which the Landlord could have made the insertions
pursuant to subsections (a) or (b).
(d) A tenant who breaches a Smoking provision of a lease or other rental agreement
for the occupancy of a Unit in a Rental Complex, or who knowingly permits any other
Person subject to the control of the tenant or present by invitation or permission of the
tenant, shall be liable for the breach to: (i) the Landlord; and (ii) any occupant of the
Rental Complex who is exposed to Smoke or who suffers damages as a result of the
breach.
(e) This chapter shall not create additional liability for a Landlord to any Person for a
tenant's breach of any Smoking provision in a lease or other rental agreement for the
occupancy of a Unit in a Rental Complex, if the Landlord has fully complied with this
Section and Section 94.5.060.
(f) Failure to enforce any Smoking provision required by this chapter shall not affect
the right to enforce such provision in the future, nor shall a waiver of any breach
constitute a waiver of any subsequent breach or a waiver of the provision itself.
Sec. 94.5.080. ADDITIONAL DUTIES OF A LANDLORD OF A RENTAL
COMPLEX WITH LESS THAN ONE HUNDRED PERCENT (100%) NONSMOKING
UNITS.
A Landlord of a Rental Complex with less than one hundred percent (100%)
Nonsmoking Units shall provide to every prospective tenant, prior to entering into a new
lease or other rental agreement for the occupancy of a Unit in a Rental Complex, a
copy of the designation documents submitted pursuant to Section 94.5.060 describing
each designated nonsmoking Unit with an accompanying diagram depicting the location
of nonsmoking Units in relation to all other Units and every Smoking Area, if any.
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Sec. 94.5.090. SMOKING PROHIBITED BY LAW IN CERTAIN AREAS.
(a) No Person shall engage in Smoking in a Common Area, on or after December
2, 2011, other than in a designated Smoking Area established pursuant to Section
94.5.020.
(b) Smoking in a New Unit, after June 2, 2012, is a violation of this chapter.
(c) Smoking in a designated Nonsmoking Unit, on or after December 2, 2014, is a
violation of this chapter.
(d) No Person shall engage in Smoking in any Nonsmoking Area.
(e) No Person with legal control over any Nonsmoking Area shall permit Smoking
in any Nonsmoking Area.
Sec. 94.5.095. SMOKING IN FAMILY DAY CARE FACILITIES.
State law prohibits smoking in a single-family dwelling licensed as a Family Day
Care Home during operations of that facility for that purpose. If Smoking is permitted
and occurring at a location licensed as a Family Day Care Home during hours of non-
operation of that facility for day care purposes, then the Person with legal control over
the Family Day Care Home must disclose, to the parents and guardians of the those
potentially to be serviced by that facility, Smoking is permitted and does occur at that
facility during those hours of non-operation.
Sec. 94.5.100. PROCEDURES AND REQUIREMENTS FOR MANDATED
SUBMISSIONS.
(a) Submissions required by this chapter must be received by the Community
Development Department on or before any applicable due date. The submissions
shall include all material and information required by this chapter and such other
materials and information as the Community Development Manager deems
necessary for the administration and enforcement of this chapter.
(b)All material and information submitted pursuant to this chapter constitute
disclosable public records and are not private or confidential.
Sec. 94.5.110. SMOKING AND SMOKE GENERALLY.
(a) The provisions of this chapter are restrictive only and establish no new rights
for a Person who engages in Smoking. Notwithstanding (i) any provision of this
chapter or other provisions of this Code, (ii) any failure by any Person to restrict
Smoking under this chapter or (iii) any explicit or implicit provision of this Code that
allows Smoking in any place, nothing in this Code shall be interpreted to limit any
Person's legal rights under other laws with regard to Smoking, including, for
example, rights in nuisance, trespass, property damage, and personal injury or other
legal or equitable principles.
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(b) For all purposes within the jurisdiction of the City, nonconsensual exposure to
Smoke is a nuisance, and the uninvited presence of Smoke on property is a
nuisance and a trespass.
Sec. 94.5.120. PENALTIES AND ENFORCEMENT.
(a) The remedies provided by this chapter are cumulative and in addition to any
other remedies available at law or in equity.
(b) Subject to the remainder of this subparagraph, every instance of Smoking in
violation of this chapter is an infraction subject to a fine of Five Hundred Dollars
($500.00); provided, that:
(1) a second instance of Smoking in violation of this chapter within twelve (12)
consecutive months after a prior instance is an infraction subject to a fine of
Seven Hundred Fifty Dollars ($750.00), and
(2) a third or any additional instance of Smoking in violation of this chapter within
twelve (12) months after a second or any additional instance is an infraction
subject to a fine or One Thousand Dollars ($1,000.00).
(c) Any peace officer, code enforcement official or the city attorney may also
enforce this chapter.
(d)Violations of this chapter are subject to a civil action brought by the City,
punishable by a civil fine not less than Two Hundred Fifty Dollars ($250.00) and not
exceeding One Thousand Dollars ($1,000.00) per Violation.
(e) No Person shall intimidate, harass, or otherwise retaliate against any Person
who seeks compliance with this chapter. Moreover, no Person shall intentionally or
recklessly expose another Person to Smoke in response to that Person's effort to
achieve compliance with this chapter. Violation of this subsection shall constitute a
misdemeanor.
(f) Causing, permitting, aiding, or abetting a violation of any provision of this
chapter shall also constitute a violation of this chapter.
(g) Any violation of this chapter is hereby declared to be a public nuisance.
(h) In addition to other remedies provided by this chapter or otherwise available
at law or in equity, any violation of this chapter may be remedied by a civil action
brought by the city attorney, including, without limitation, administrative or judicial
nuisance abatement proceedings, civil code enforcement proceedings and suits for
injunctive relief.
(i) Except as otherwise provided, civil enforcement of this chapter is at the sole
discretion of the City. Nothing in this chapter shall create a right of action in any
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Person against the City or its agents to compel civil, or criminal enforcement of this
chapter against private parties.
Sec. 94.5.130. PRIVATE ENFORCEMENT.
(a) Any Person, including a legal entity or organization or a government agency,
acting for the interests of itself, its members, or the general public may bring a civil
action to enforce this chapter. Upon proof of a violation, a court shall award the
following:
(1) Damages either
(i) upon proof, in the amount of actual damages or
(ii) with insufficient or no proof of damages, Five Hundred Dollars
($500.00) for each violation of this chapter (hereinafter "Statutory Damages").
Each day of a continuing violation shall constitute a separate violation.
Notwithstanding any other provision of this chapter, no Person suing on
behalf of the general public shall recover Statutory Damages based upon a
violation of this chapter if a previous claim brought on behalf of the general
public by another Person for Statutory Damages and based upon the same
violation has been adjudicated, whether or not the Person bringing the
subsequent claim was a party to the prior adjudication.
(2) Exemplary damages, where it is proven by clear and convincing evidence
the defendant is guilty of oppression, fraud, malice, retaliation or a conscious
disregard for the public health, in the amount, as determined by the fact-finder,
necessary to further the public purpose of this chapter.
(b) Any Person may also bring a civil action to enforce this chapter by way of a
conditional judgment or an injunction. Upon proof of a violation, a court shall issue a
conditional judgment or an injunction.
(c) Notwithstanding any legal or equitable bar against a Person seeking relief on
its own behalf, a Person may bring an action to enforce this chapter solely on behalf
of the general public. When a Person brings an action solely on behalf of the
general public, nothing about such an action shall act to preclude or bar the Person
from bringing a subsequent action based upon the same facts but seeking relief on
his, her or its own behalf.
(d) Nothing in this chapter prohibits a Person from bringing a civil action in small
claims court to enforce this chapter, so long as the amount in demand and the type
of relief sought are within the jurisdictional requirements of that court.
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SECTION 9.4.140. CONSTRUCTION, SEVERABILITY.
It is the intent of the City Council to supplement applicable State and Federal law
1 and not to duplicate or contradict such law and this chapter shall be construed
consistently with that intention. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, then such invalidity
or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
chapter, or its application to any other person or circumstance. The City Council hereby
declares it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter, irrespective of the fact any one or more
other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
hereof be declared invalid or unenforceable.
SECTION 3. This ordinance shall go into affect and be in full force and operation from and
after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE 2"d d-,, �m 4 i 11
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'OZANO, MAYOR
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ATTEST: /
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ALEJAND- ' AVILA, CITY CLERK
Ordinance No. 1332
Page 15 of 15
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify the
foregoing ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on October 19, 2011. That there after Ordinance No. 1332 was duly
approved and adopted at a regular meeting of the City Council on November 2, 2011, by the
following vote:
AYES: COUNCIL MEMBERS: Monica Garcia, Susan Rubio, Ricardo Pacheco
Mayor Pro Tem Marlen Garcia,
Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
itiLA/ALEJA R ITY CLERK
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