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Home My WebLink AboutORD 1299ORD 1299Ä—ÀHÄ—@¸—BqXþORDINANCE NO. 1299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 38.15, 38.16, AND 38.17 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT SMOKING AT ELEVATORS, OUTDOOR DINING AREAS, OUTDOOR SERVICE AREAS, AREAS WITHIN 20 FEET OF OPENINGS TO BUILDINGS AND AREAS WHERE THE PUBLIC CONGREGATES WHEREAS, the Baldwin Park Municipal Code presently prohibits smoking in or at City-Owned Premises and Public Parks, as those terms are defined in the Baldwin Park Municipal Code; and WHEREAS, the City Council wishes to extend such restriction to additional areas where the general health, safety or welfare of the general public are most likely to be affected by second-hand smoke; and WHEREAS, banning smoking at such additional areas is necessary to protect the public health, safety and welfare of Baldwin Park residents, workers, and visitors. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 38.15 of the Baldwin Park Municipal Code is hereby amended to read as follows: 38.16 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 places where the public congregates, including elevators and areas owned or operated by the city or utilized by the public for goods or services. SECTION 2. Section 38.16 of the Baldwin Park Municipal Code is hereby amended by adding the following definitions thereto: DINING AREA. Dining area means any area on any lot or parcel located outside of an enclosed building which is either i) in a non- residential zone or ii) in any residential zone and utilized for a non- residential purpose, where food or beverages are served, whether for compensation or otherwise, or where food or beverages are routinely BIB] 39149-U01 ORD-U02 1299-U02 LI2-U03 FO8535-U03 FO101111-U03 DO101113-U03 C5-U03 ORDINANCES-U03 3/7/2007-U04 ROBIN-U04 ORD 1299Ä—ÀHÄ—@¸—BqXþOrdinance No. 1299 Page 2 consumed by customers or patrons of the use located at such location, including, but not limited to, restaurant or bar seating areas and patios. SERVICE AREA. Service area means any place located outside of an enclosed building where people wait to access goods or services or where people are provided goods or services by any private or government entity, including but not limited to farmers' markets, bus stops, the Metrolink Station, and areas where persons line up to use automatic teller machines, vending machines of any type, information kiosks, or similar good or service providers. SECTION 3. Section 38.17 of the Baldwin Park Municipal Code is hereby amended to read as follows: 38.17 SMOKING PROHIBITED A) Smoking in specific locations. It shall be unlawful to smoke on or in any of the following places: 1) Any elevator; 2) Any city-owned premises; 3) Any public park; 4) Any service area; 5) Any dining area; or 6) Within twenty 20) feet of any entrance to, exit from or any open window of any building open to the public. b) Disposal of smoking waste. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this subchapter, except in a designated waste disposal container. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall have it posted in accordance with the provisions of state law. PASSED AND APPROVED this 7th day of February, 2007. 2 BIB] 39149-U01 ORD-U02 1299-U02 LI2-U03 FO8535-U03 FO101111-U03 DO101113-U03 C5-U03 ORDINANCES-U03 3/7/2007-U04 ROBIN-U04 ORD 1299Ä—ÀHÄ—@¸—BqXþOrdinance No. 1299 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting of the City Council held on January 17, 2007 and adopted on second reading on February 6, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: Anthony J. Bejarano, David J. Olivas Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 3 BIB] 39149-U01 ORD-U02 1299-U02 LI2-U03 FO8535-U03 FO101111-U03 DO101113-U03 C5-U03 ORDINANCES-U03 3/7/2007-U04 ROBIN-U04