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HomeMy WebLinkAboutORD 1232ORD 1232|ÛÀ¼òw @| ÌORDINANCE NO. 1232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 38.15,38.16 38.17. and 38.18 OF THE BALDWIN PARK MUNICIPAL CODE AND RENUMBERING SECTION 38.99 OF THE BALDWIN PARK MUNICIPAL RELATING TO SMOKING IN AND AROUND CITY-OWNED PREMISES AND PUBLIC PARKS WHEREAS, the Baldwin Park Municipal Code presently prohibits smoking in designated areas of certain City-Owned buildings; and WHEREAS, the City Council wishes to extend such restrictions in both the premises utilized by the City for City functions and in public parks and other recreational facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 38.15 of the Baldwin Park Municipal Code is hereby amended to read as follows: 38.15 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 city employees and an irritation, inconvenience and discomfort to persons. In order to serve the public health, safety and welfare, the declared purpose of this subchapter is to promote a policy of nonsmoking in and around City-owned premises and public parks and other recreational facilities. SECTION 2. Section 38.16 of the Baldwin Park Municipal Code is hereby amended to read as follows: 38.16 DEFINITIONS For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: a) City-owned premises" means a building or site owned and occupied, or leased and occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the City-owned premises and all structures thereon. City- owned premises shall not include any public sidewalk adjacent to the site or City-owned premises, nor any building owned in part by the Baldwin Park Redevelopment Agency which is also partly owned by a private individuals or entity under a Disposition and Development Agreement or Owner Participation Agreement. City-owned premises include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority. BIB] 38183-U01 ORD-U02 1232-U02 LI2-U03 FO8535-U03 FO38917-U03 DO48969-U03 C5-U03 ORDINANCES-U03 7/14/2004-U04 ROBIN-U04 ORD 1232|ÛÀ¼òw @| ÌOrdinance No. 1232 Page 2 b) Public Park" means any park, roadside rest, or other site designated by the City of Baldwin Park for any recreational purpose which is owned, managed or controlled by the City, and includes the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center. Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park. c) Smoke" or Smoking" means the burning of any form of tobacco, in a pipe, cigar or 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. SECTIONS. Section 38.17 of the Baldwin Park Municipal Code is hereby amended to read as follows: 38.17 SMOKING PROHIBITED No City employee or member of the public shall smoke any tobacco product on or in any City-owned premises or any public park. SECTION 4. Section 38.18 of the Baldwin Park Municipal Code is hereby amended to read as follows: 38.18 SIGNS Signs designating no smoking areas in City-owned premises and public parks shall be clearly, sufficiently and conspicuously posted in such premises and parks. The manner of such posting, including the wording, size, color, design, and place of posting, shall be determined by the Chief Executive Officer or his/her designee. SECTION 5. Section 38.99 of the Baldwin Park Municipal Code is hereby renumbered to be Section 38.19, SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall have it published in accordance with the provisions of state law. PASSED AND APPROVED this 2nd day of June, 200^. BIB] 38183-U01 ORD-U02 1232-U02 LI2-U03 FO8535-U03 FO38917-U03 DO48969-U03 C5-U03 ORDINANCES-U03 7/14/2004-U04 ROBIN-U04 ORD 1232|ÛÀ¼òw @| ÌOrdinance No. 1232 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss; CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced for first reading at a regular meeting of the City Council on May 19,2004. That thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on June 2, 2004, by the following vote: AYES: COUNCILMEMBERS: Marlen Garcia, David Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco, and Mayor ManuelLozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ROSEMARYTVL-RAMIREZ, CMC CHIEF DEPUTY CITY CLERK BIB] 38183-U01 ORD-U02 1232-U02 LI2-U03 FO8535-U03 FO38917-U03 DO48969-U03 C5-U03 ORDINANCES-U03 7/14/2004-U04 ROBIN-U04