HomeMy WebLinkAbout2102' ORDINANCE NO. 2102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA, AMENDING PALM SPRINGS
MUNICIPAL CODE SECTION 6.10.082 REGARDING
SMOKING PROHIBITIONS AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
City Attorpey Summary
This Ordinance amends Section 6.10.082 of the Palm Springs
Municipal Code (`PSMC') to limit smoking at the Palm Springs
International Airport to designated outdoor smoking areas.
WHEREAS, the City of Palm Springs (the "City') is a charter city organized
pursuant to Article XI, Section 5 of the California Constitution and pursuant to the authority
so granted, the City has the power to make and enforce within its limits all ordinances
and regulations with respect to municipal affairs not in conflict with its own charter; and
such police powers include without limitation the ability to adopt regulations pertaining
generally to the protection and promotion of the public health, safety, and welfare; and
WHEREAS, tobacco use causes death and disease and continues to be an urgent
public health challenge; and
' WHEREAS, exposure to secondhand smoke has been identified as a health
hazard, has negative health impacts, and exposure to secondhand smoke occurs at
significant levels outdoors; and
WHEREAS, exposure to secondhand smoke causes death and disease; and
WHEREAS, tobacco use and exposure to secondhand smoke impose great social and
economic costs; and
WHEREAS, laws restricting the use of tobacco products have recognizable
benefits to public health and medical costs with based on review of over 80 peer -reviewed
research studies showing that smoke -free policies reduce tobacco use, reduce exposure
to secondhand smoke, increase the number of tobacco users who quit, reduce initiation
of tobacco use among young people, and reduce tobacco -related illnesses and death;
and
WHEREAS, pursuant to Chapter 6.10 of the PSMC, the City has prohibited
smoking in certain public areas throughout the City; and
WHEREAS, the City desires to limit smoking at the Palm Springs International
Airport to designated outdoor smoking areas; and
WHEREAS, the City Council finds that the adoption and implementation of the
Ordinance set forth below is within the power and authority of the City to protect the public
Ordinance No. 2102
Page 2
health, safety, and welfare of the City's citizens; and '
WHEREAS, all. other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council finds that all the facts,
findings, and conclusions set forth above in this Ordinance are true and correct and are
incorporated herein by this reference.
SECTION 2. Amendment to PSMC Section 6.10.082. Section 6.10.082, is
hereby amended to read as follows:
"6.10.082 Smoking Prohibited —Airport
Smoking is prohibited and is unlawful in all public areas as well as both
leased and owned enclosed areas of the Palm Springs Municipal Airport,
including, but not limited to, lobbies, waiting areas, restrooms and baggage
claim area. This prohibition does not apply to City -designated outdoor
smoking areas provided there are conspicuous signs indicating where
smoking is allowed." ,
SECTION 3. Adoption, Certification, and Publication. The City Clerk of the City
of Palm Springs shall certify the passage and adoption of this Ordinance and shall cause
the same, or a summary thereof, to be published and/or posted in the manner required
by law. This Ordinance shall take effect 30 days after its adoption.
SECTION 4. Severability. If any provision of this Ordinance is found to be
unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity
will not affect the remaining provisions of this Ordinance, which can be implemented
without the invalid provisions, and to this end, the provisions of this Ordinance are
declared to be severable.
INTRODUCED at a regular meeting of the City Council of the City of Palm Springs
on the 12t' of September 2024, by the following vote:
Ordinance No. 2102
Page 3
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 26TH DAY OF SEPTEMBER 2024
ATTEST:
BRENDA PREE, MMC, CERA
CITY CLERK
M�IERNSTEIN
M.-
CERTIFICATION
' STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2102 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on September 12, 2024 and adopted at
a regular meeting of the City Council held on September 26, 2024 by the following vote:
AYES: Councilmembers Holstege, Garner, Middleton, Mayor Pro Tern deHarte, and
Mayor Bernstein
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this & 41 day of October 2024.
'4§RENDA PFZEE, MMC, CERA
CITY CLERK