HomeMy WebLinkAbout5/4/2011 - STAFF REPORTS - 2E A.
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City Council Staff Report
DATE: May 4, 2011 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1788, AMENDING THE PALM SPRINGS MUNICIPAL CODE,
PROHIBITION OF SMOKING IN PARKS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1788.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1788, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING
SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100
OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF
SMOKING IN PARKS."
STAFF ANALYSIS:
The City Council introduced Proposed Ordinance No. 1788, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO,
AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION
6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION
OF SMOKING NEAR PLAYGROUNDS" by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tern Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
At its April 20, 2011, meeting Proposed Ordinance No. 1788 was re-introduced for first
reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
Item No. 2 * E *
ADOPTION OF PROPOSED ORDINANCE NO. 1788
May 4, 2011
Page 2 of 2
SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING
SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO PROHIBITION OF SMOKING IN PARKS" by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tem Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
James Thompson David H. Ready, h.D.
City Clerk City Manager
/kdh
Attachment: Ordinance No. 1788
PROPOSED ORDINANCE NO. 1788
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 6.10.081 TO,
AMENDING SECTION 6.10.020 OF, AND AMENDING
SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO
PROHIBITION OF SMOKING IN PARKS.
City Attorney Summary
This Ordinance prohibits smoking within any city park.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 6.10.020 of the Palm Springs Municipal Code is amended by
adding the following definition:
"Park" means all grounds, buildings, improvements, and areas dedicated to use
by the public for park, recreation, or open space purposes and over which the
city has acquired right of use for such purposes. The term "Park" includes
sidewalks, trails, and pathways in or around park facilities, park strips, and other
grounds of any park.
SECTION 2. Section 6.10.081 is added to the Palm Springs Municipal Code to read:
6.10.081 Smoking Prohibited — Parks.
Smoking is prohibited and is unlawful within any Park.
SECTION 3. Subsection (a) of Section 6.10.100 of the Palm Springs Municipal Code is
amended to read:
(a) Except where other signs are required, whenever in this Chapter smoking
is prohibited, conspicuous signs shall be posted so stating, containing appropriate
language in capital lettering not less than one inch in height and/or the international no-
smoking logo, on a contrasting background. It is the duty of the owner, operator,
manager or other persons having control of such room, building or other place where
smoking is prohibited, to post such signs or to cause such signs to be posted. Nothing
herein shall be deemed or construed to authorize violation of the Palm Springs sign
ordinance.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
3
Ordinance No.
Smoking Prohibition In Parks
Page 2
ADOPTED THIS DAY OF , 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS C. HOLLAND, CITY ATTORNEY
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on ,
2011, and adopted at a regular meeting of the City Council held on ,
2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
CITY OF PALM SPRINGS
AFFIDAVIT
City Council
Meeting Date: May 4, 2011
Subject: Ordinance 1788
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance was published in the Desert Sun on May 11,
2011.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance was posted at City Hall, 3200 E. Tahquitz
Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk
on May 11, 2011.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
The Desert Sun _ Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262
760-778-4578/Fax 760-778-4731
State Of California ss:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000261439
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel) No 1557
in each and entire issue of said newspaper and not in any CITYOFPALe.1 SPRINGS
supplement thereof on the following dates,to wit: OROINANCEIL^•0.1786
TY
5 RIS.ORDN CAUFORNI HADDING SA OFECTION
Newspaper: .The Desert Sun 6.10061 TO AMENDIN SECTION-B.10.0200F,
AND AMENDING S ECTION ((a OF SEC-
TION 6.10.100 OF, TH PALM SP INGS Mu-
NICIPAL CODE RELA NO TO PROHIBITION
5/11/2011
OF SMOKING Ih.PARKST
Tft City Attorney Summary
park Ordinance PW bifs smGOV Within any oity
' pack
r CERTIFIOATION
1
STATE OF CALIFORNIA)
3. COUNTY OF RIVERSIDEI ss
CITY OF PALM SPRINGS)
I acknowledge that I am aprincipal clerk Of the printer of I,DAMES THOMPSON, sy.Clark of the City of
9 P '1 .Palm Sp rings,California o reby ceNfythat Or
The Desert-Sun, printed and published weekly in the City 3 dnd Wa rvo.introduced
a full true,and'mmect copy,
3, and was introtlucad at a regular Maeting of the.
Of Palm Springs, County of Riverside, State Of California. f .Palm Spangs City Counct on the 6M day of April,
The Desert Sun was adjudicated a newspaper of general a 2011, re-introduced at a regular meet!rrg of the
City Council held on the th dayof Aonl,2011,
circulation on March 24, 1988 by the Superior Court of the and atlopted at a ul r mead of the City
Count of Riverside, State of California Case No. I Council Held on the aQ y of May,z011,by me
Y following vote;
191236. ' AYES Couxilmemb999999�r Foss;Counalmember
Hutcheson,Councilmembr Mills,Mayor Pro Tern
Wag!,and Mayor Pougn t
I declare under penalty of perjury that the foregoing is true NO S. None.
ABSTAIN: None. '
and correct. Executed on this 11th day of May, 2011 in Jam sThompson,GN Clerk.
'City of aim Springs,Ca ifomia.
Palm Springs,California Published:5/11111
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CITY OF PALM SPRINGS
ORDINANCE NO. 1788
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 6.10.081 TO,
AMENDING SECTION 6.10.020 OF, AND AMENDING
SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO
PROHIBITION OF SMOKING IN PARKS.
City Attorney Summary
This Ordinance prohibits smoking within any city park.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1788 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 6th day of April, 2011,
re-introduced at a regular meeting of the City Council held on the 20" day of April, 2011,
and adopted at a regular meeting of the City Council held on the 4th day of May, 2011,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California
ORDINANCE NO. 1788
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING
SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a)
OF SECTION 6.10.100 OF, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO PROHIBITION OF
SMOKING IN PARKS.
City Attorney Summary
This Ordinance prohibits smoking within any city park.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 6.10.020 of the Palm Springs Municipal Code is amended by
adding the following definition:
"Park" means all grounds, buildings, improvements, and areas dedicated to use
by the public for park, recreation, or open space purposes and over which the
city has acquired right of use for such purposes. The term 'Park" includes
sidewalks, trails, and pathways in or around park facilities, park strips, and other
grounds of any park.
SECTION 2. Section 6.10.081 is added to the Palm Springs Municipal Code to read:
6.10.081 Smoking Prohibited — Parks.
Smoking is prohibited and is unlawful within any Park.
SECTION 3. Subsection (a) of Section 6.10.100 of the Palm Springs Municipal Code is
amended to read:
(a) Except where other signs are required, whenever in this Chapter smoking
is prohibited, conspicuous signs shall be posted so stating, containing appropriate
language in capital lettering not less than one inch in height and/or the international no-
smoking logo, on a contrasting background. It is the duty of the owner, operator,
manager or other persons having control of such room, building or other place where
smoking is prohibited, to post such signs or to cause such signs to be posted. Nothing
herein shall be deemed or construed to authorize violation of the Palm Springs sign
ordinance.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
ADOPTED THIS 4TH DAY OF MAY, 2011.
Ordinance No. 1788
Smoking Prohibition In Parks
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1790 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 6th day of April, 2011, re-
introduced at a regular meeting of the City Council held on the 20th day of April, 2011,
and adopted at a regular meeting of the City Council held on the 4th day of May, 2011,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
James Thompson, City Clerk
City of Palm Springs, California