HomeMy WebLinkAbout4/6/2011 - STAFF REPORTS - 3B Lee Weigel
From: drlori@animalstodayradio.com
Sent: Wednesday, April 06, 2011 11:41 AM
To: Lee Weigel
Subject: RE: rodeo/Palm Springs
Lee,
I absolutely love the idea; however, I would love to see an ordinance prohibiting smoking in parks
or recreational areas PERIOD... whether or not children are around.
Coming from a medical perspective, there is plenty of research that exists demonstrating the
adverse affects and the health risks of being exposed to secondhand smoke. There are numerous
resources and publications on this topic that will support this argument.
Personally, coming from an athlete (in my prior years) and a long time runner and health nut, I do
not do well tolerating smokers around me.
As I am sure you know there are many cities in Calif that have banned smoking (all together in
parks) including Belmont, Calabases, El Cajon, Escondido, San Diego, Loma Llnda.
My husband and I would completely support your ordinance (but as I mentioned above.. would
love to see it prohibited all together in parks - with or with out the presence of children). As a
support to this last statement.... there is research that demonstrates the ill effects towards
pregnant woman, inn munocompromised individuals, etc... are just as bad as is for young children.
Lori Kirshner, M.D.
Host, Animals Today 1
www.animaistodayradio.com
Founder and President, Desert Paws
From: tconrad412@aol.com
To: weigelps@aol.com
Subject: No Smoking
Date: Wed,Apr 6,2011 7:13 am
Dear Lee,
I am in complete support of a ban on smoking in public parks and anywhere else in the City of Palm Springs. The
City of Palm Springs has been a leader in sustainability and environmental awareness, as well as in human rights
and social issues. It is entirely appropriate that it take a leadership position with regard to this public health
problem.
According to the WHO, the World Health Organization, tobacco use kills more than five million people per year. It
is responsible for one in ten adult deaths. Among the five greatest risk factors for mortality, it is the single most
preventable cause of death. Eleven percent of deaths from ischemic heart disease, the world's leading killer, are
attributable to tobacco use. If current patterns continue, tobacco use will kill more than 8 million people per year
by 2030. Up to half of the world's more than 1 billion smokers will die prematurely of a tobacco-related disease.
There is a 60 year scientific record of the ill-effects of secondhand smoke being just as hazardous as smoking.
The economic costs of tobacco use are equally as devastating. Tobacco use and poverty are inextricably linked.
Many studies show that in the poorest households tobacco replaces basic items like food, exacerbating sickness
and leading to increased direct health costs.
Effective tobacco control measures include public policies like bans on smoking in public places. This has direct
protective effect by stopping the exposure of vulnerable populations like children to secondhand smoke, but also
contributes to decreasing smoking over all. Smoking should not be allowed in public spaces, especially where
children are present. When children are exercising, for example, exposure to cigarette smoke is particularly
dangerous as it can provoke an asthma attack should they be susceptible.
The City of Los Angeles banned smoking in public parks in 2007. 1 applaud your efforts to do the same in our City
and protect our citizens from the damaging effects of secondhand smoke. Such a ban is long overdue in the City
of Palm Springs.
Tracy Conrad, M.D.
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�oR��P CITY COUNCIL STAFF REPORT
DATE: April 6, 2011 Legislative
SUBJECT: 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.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
The City has a comprehensive ordinance (PSMC Chapter6.10) that prohibits smoking in
various public areas. The proposed ordinance would add a prohibition of smoking near
playgrounds when children are present.
RECOMMENDATION:
1. Waive the reading of text in its entirety and read by title only; and
2. Introduce on first reading, Ordinance No. , "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.
STAFF ANALYSIS:
In 1986 the City Council adopted a comprehensive ordinance that prohibited smoking in
specific public areas of the City. The prohibition specifically includes elevators, health
care facilities, public meeting rooms, theaters and auditoriums, eating establishments,
department stores, and the airport terminal. The ordinance also regulates smoking in
the workplace, public and private. A copy of PSMC Chapter 6.10, including the
changes proposed in the ordinance, is attached for your reference. (The proposed
changes are in bold print and underlined.)
In 2001, the State of California adopted legislation that regulates smoking within 25 feet
of any playground or tot lot sandbox area located in public/private school grounds, or on
ITEM NO.
City Council Staff Report
April 6, 2011
Prohibition on Smoking Near Playgrounds Ordinance
city, county, or state parks. (California Health and Safety Code Sec. 104495.) The term
"playground" in this statute is limited to "any park or recreational area specifically
designed to be used by children that has play equipment installed. . .." We would note
that this legislation is not preemptive of local discretion; it simply establishes the
baseline. The City can enact stronger policy and adopt a regulatory program that is
more restrictive than state law. Several jurisdictions have adopted regulations that
prohibit smoking in all areas of their parks.
The proposed ordinance prohibits smoking within 25 feet of "playgrounds" when
children are present. The term "playground" is broadly defined in the proposed
ordinance to include any area "within a city park designed, equipped, and/or set aside
for play by children." The definition specifically includes any "athletic playing field,
athletic court, tot lots, skate park, and picnic areas" and any attendant facilities including
play equipment, surfacing, etc. The existing provisions of PSMC Chapter 6.10 require
the posting of signs whenever smoking is prohibited, stating the prohibition. The
proposed ordinance includes a minor language change to Section 6.10.100 to ensure
that "appropriate language" be included on the sign. We anticipate that signs near
playgrounds would simply state: "No Smoking When Children Are Present."
Violations of PSMC Chapter 6.10 are infractions. (Infractions are punished solely by
fines in an amount that can not exceed $1,000.00.) If the Council adopts the proposed
ordinance, any violation of the prohibition on smoking near playgrounds provisions
would be treated as an infraction. In the event the Council introduces the proposed
ordinance, we will come back with an amendment to the City's bail schedule to include
a $250.00 fine for violating the prohibition on smoking near playgrounds provisions for
the Council to consider at the time the ordinance is submitted for adoption.
FISCAL IMPACT:
The primary cost in the implementation of this Ordinance will be in the installation of
signage.
Douglas Holland, City Attorney David Ready, Cit ger
Attachments: Proposed Ordinance
PSMC Chapter 6.10 (Marked-up showing proposed changes)
717447.1
ORDINANCE NO.
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.
City Attorney Summary
This Ordinance prohibits smoking within 25 feet of
playgrounds in city parks when children are present.
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 and/or amending the following definitions:
"Children" means persons under 18 years of age.
"Playground" means an area within a city park designed, equipped, and/or set
aside for play by children, including without limitation any athletic playing field,
athletic court, tot lots, skate park, and picnic areas, and shall include any play
equipment, surfacing, fencing, signs, internal pathways, internal land forms,
vegetation, and related structures.
"Smoking" or to "Smoke" means possessing a lighted pipe, lighted cigar, or
lighted cigarette of any kind, including without limitation tobacco, or any other
weed or plant, or the lighting of a pipe, cigar, or cigarette of any kind, including
without limitation, tobacco or any other weed or plant.
SECTION 2. Section 6.10.081 is added to the Palm Springs Municipal Code to read:
6.10.081 Smoking Prohibited — Playgrounds.
Smoking is prohibited and is unlawful within 25 feet of any playground when
children are present.
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
Ordinance No.
Smoking Prohibition Near Playgrounds
Page 2
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 DAY OF , 2011.
ATTEST: STEPHEN P. POUGNET, MAYOR
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
Chapter 6.10 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS
6.10.010 Purpose of chapter.
Because smoking of tobacco, or any other weed or plant, is a positive danger to
health and a cause of material annoyance, inconvenience, discomfort and a health
hazard to those who are present in confined places, and in order to serve public health,
safety and welfare, the declared purpose of this chapter is to prohibit the smoking of
tobacco, or any other weed or plant, in certain areas which are used by or open to the
public. (Ord. 1261 § 1 (part), 1986)
6.10.020 Definitions.
(a) "Bar" means an area which is devoted to serving of alcoholic beverages
and in which the service of food is only incidental to the consumption of such
beverages.
(b) "Children" means persons under 18 years of age.
(b) "Eating establishment" means every publicly or privately owned eating
place, including every coffee shop, cafeteria, short-order cafe, luncheonette, sandwich
shop, soda fountain and restaurant.
(c) "Employee" means any person who is employed by an employer for direct
or indirect monetary wages or profit.
(d) "Employer" means any person who employs the services of an individual
person.
(e) "Enclosed" means closed in by a roof and walls with appropriate openings
for ingress and egress, but does not include areas commonly described as public
lobbies.
(f) "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(g) "Playground" means an area within a city ark designed, equipped,
and/or set aside for play by children including without limitation any athletic
playina field, athletic court, tot lots, skate_ park, and picnic areas, and shall
include any play equipment, surfacing, fencing, signs, internal pathways, internal
land forms, vegetation, and related structures.
(h) ""making"-Fnean —the Gemb stinn of any
somilaF e
"Smoking" or to "Smoke" means possessing a lighted pipe, lighted cigar, or
lighted cigarette of any kind, including without limitation tobacco, or pny other
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weed or plant, or the lighting of a pipe, cig any ki ar, or cigarette of nd, including
without limitation, tobacco or any other weed or plant.
(i) "Workplace" means any enclosed area of a structure or portion thereof
intended for occupancy by business entities which will provide primarily clerical,
professional or business services of the business entity, or which will provide primarily
clerical, professional or business services to other business entities or to the public, at
that location. "Workplace" includes, but is not limited to, offices spaces in office
buildings, medical office waiting rooms, libraries, museums, hospitals and nursing
homes.
Except as herein defined, words used in this chapter shall have the meanings
commonly ascribed to them. In case of a dispute over the meaning of a word, the
definition shall be that given in the most recent edition of Webster's Collegiate
Dictionary. (Ord. 1261 § 1 (part), 1986)
6.10.030 Smoking prohibited—Elevators.
Smoking is prohibited and is unlawful in elevators. (Ord. 1261 § 1 (part), 1986)
6.10.040 Smoking prohibited—Hospitals, health care and child care facilities.
(a) In public areas of health care facilities and hospitals, as defined in Section
1250 of the California Health and Safety Code, including waiting rooms, public hallways
and lobbies, smoking is prohibited, except in specially designated smoking areas, which
may be all or part of a public area.
(b) Every publicly or privately owned health care facility, including hospitals,
shall make a reasonable effort to determine preference and to assign patients placed in
rooms occupied by two or more patients according to the patient's individual
nonsmoking or smoking preference. Where a nonsmoker is placed in a room with a
smoker, the rights of the nonsmoker shall be given precedence.
(c) In rooms and areas occupied by nonsmoking patients, smoking shall be
prohibited for hospital staff, visitors and the general public. "STAFF AND VISITOR
SMOKING PROHIBITED" signs and/or the international logo sign for no smoking shall
be conspicuously posted in each nonsmoking patient's room.
(d) In child care facilities, including those in private homes, during operating
hours in rooms where children are present, smoking is prohibited. (Ord. 1261 § 1 (part),
1986)
6.10.050 Smoking prohibited—Public meeting rooms.
Smoking is prohibited and is unlawful in hearing rooms, conference rooms,
chambers and places of public assembly in which public business is conducted, when
b
the public business requires or provides direct participation or observation by the
general public. (Ord. 1261 § 1 (part), 1986)
6.10.060 Smoking prohibited—Theaters and auditoriums.
Smoking is prohibited and is unlawful in every publicly or privately owned theater,
auditorium, or other enclosed facility which is open to the public for the primary purpose
of exhibiting any motion picture, stage drama, musical recital, athletic events or any
other performance or event in all areas except either in that area commonly known as
the lobby, or in areas not open to public, except athletic events where smoking shall be
permitted in specially designated areas. Every owner and/or manager of such theater,
auditorium or other enclosed facility used for the purposes stated herein, shall post
signs conspicuously in the lobby stating that smoking is prohibited within the theater,
auditorium or facility, and in the case of motion picture theaters, such information shall
be shown upon the screen for at least five seconds before showing feature motion
pictures. Any facility in use for conventions or similar purposes or for exhibitions
associated therewith are exempt from the provisions of this chapter during such use.
(Ord. 1261 § 1 (part), 1986)
6.10.070 Smoking prohibited--Eating establishments.
Smoking is prohibited and is unlawful in all indoor eating establishments serving
food whose occupancy capacity is fifty or more persons. This prohibition shall not apply
to any such establishment maintaining a contiguous no smoking area of at least one-
quarter of the seating capacity. This prohibition shall not apply to any rooms which are
being used for eating establishment purposes for private functions. If a smoking area is
maintained, the preference of the patron is to be determined by the management and
the patron shall be seated according to preference if possible. Any portion of an indoor
eating establishment used for bar purposes is excluded from the restrictions of this
section. (Ord. 1261 § 1 (part), 1986)
6.10.080 Smoking prohibited—Department stores.
Smoking is prohibited and is unlawful in public areas of every department store
which sells dry goods, clothing or utensils, excluding areas outdoors. (Ord. 1261 § 1
(part), 1986)
6.10.081 Smoking Prohibited — Play-grounds.
Smoking is prohibited and is unlawful within 25 feet of any playground
when children are present.
6.10.082 Smoking prohibited—Airport terminal.
Smoking is prohibited and is unlawful in all public areas of the Palm Springs
Municipal Airport Terminal, including lobbies, waiting areas, restrooms and baggage
7
claim area. This prohibition does not apply to leased areas of the terminal building.
Section 6.10.090 of this chapter shall apply to such leased areas. (Ord. 1279 § 1, 1987)
6.10.090 Regulation of smoking in the workplace.
(a) Within ninety days of the effective date of this chapter, or within ninety
days of having first engaged the services of an employee, for employers who are not in
operation on the effective date of this chapter, each employer shall adopt, implement
and maintain a reasonable written smoking policy which should contain at a minimum
the following:
(1) Prohibition of smoking in employer conference and meeting rooms,
classrooms, auditoriums, medical facilities, and elevators;
(2) Provision and maintenance of a contiguous no smoking area of not less
than one-half of the seating capacity and floor space in cafeterias, lunchrooms and
employee lounges;
(3) Any employee in the workplace shall be given the right to designate his or
her immediate work areas as a nonsmoking area and to post it with appropriate signs or
sign. The policy adopted by the employer shall include a definition of the term
"immediate work area" which gives preferential consideration to nonsmokers.
(b) In any dispute arising under the smoking policy, the rights of the
nonsmoker shall be given precedence.
(c) Except where other signs are required, whenever smoking is prohibited in
the work place, conspicuous signs shall be posted so stating, containing all capital
lettering not less than one inch in height, on a contrasting background. In lieu of such
signs the international no-smoking logo may be prominently displayed.
(d) The smoking policy shall be communicated to all employees within two
weeks of its adoption.
(e) Notwithstanding the provisions of subsection (a) of this section, every
employer shall have the right to designate any workplace as a nonsmoking area.
(f) This section is not intended to regulate smoking in the following places
and under the following conditions:
(1) A private home which may serve as a workplace, except as required
pursuant to Section 6.10.040(d);
(2) Any property owned or leased by other governmental agencies;
(3) A private, enclosed workplace occupied exclusively by smokers, even
though such a workplace may be visited by nonsmokers, excepting places in which
smoking is prohibited by the fire marshal or by other law, ordinance or regulation;
(4) Food and beverage service areas of indoor eating establishments;
(g) An employer who in good faith develops and promulgates a reasonable
written policy regarding smoking and nonsmoking in the workplace shall be deemed to
be in compliance with this chapter provided that a policy which designates an entire
workplace as a smoking area shall not be deemed a reasonable policy. (Ord. 1261 § 1
(part), 1986)
6.10.100 Posting of signs required.
(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 aR 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.
(b) It shall be unlawful to wilfully mutilate or destroy any signs required by this
chapter. (Ord. 1261 § 1 (part), 1986)
6.10.110 Other agency cooperation.
Federal, state, county, school and special district officials are urged to enact and
enforce provisions similar to the provisions contained herein. (Ord. 1261 § 1 (part),
1986)
6.10.120 Structural modifications not required.
(a) It shall be the responsibility of employers to provide smoke-free areas for
nonsmokers within existing facilities to the maximum extent possible, but employers are
not required to incur any expense to make structural or other physical modifications in
providing these areas.
(b) Nothing in this chapter shall require the owner, operator or manager of
any theater, auditorium, health care facility or any building, facility, structure or business
to incur any expense to make structural or other physical modifications to any area or
workplace.
(c) Nothing in this section shall relieve any person from the duty to post signs
or adopt policies as required by this chapter. (Ord. 1261 § 1 (part), 1986)
6.10.130 Exemptions.
Any owner or manager of a business or other establishment subject to this
chapter may apply to the individual, department or agency designated by the city
council for an exemption or modification to any provisions of this chapter due to unusual
circumstances or conditions.
(a) Such exemption shall be granted only if the designated individual, department or
agency designated by the city council finds from the evidence presented by the
applicant for exception at a public hearing either that:
(1) The applicant cannot comply with the provisions of this chapter for which
an exemption is requested without incurring expenses for structural or other
physical modifications, other than posting signs, to buildings and structures;
(2) Due to such unusual circumstances, the failure to comply with the
provision for which the exemption is requested will not result in a danger to health
or annoyance, inconvenience or discomfort.
(b) The applicant for an exemption shall pay the fee prescribed by city council
resolution with the application to cover cost of the hearing and noticing of the hearing.
(Ord. 1261 § 1 (part), 1986)
6.10.140 Penalties.
Violation of any provision or failure to comply with any requirement of this chapter
is an infraction. (Ord. 1261 § 1 (part), 1986)
6.10.150 Severability.
If any provision or clause of this chapter or the application thereof to any person
or circumstance is held to be unconstitutional or to be otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses
or application thereof which can be implemented without the invalid provisions or clause
or application, and to this end the provisions and clauses of the ordinance are declared
to be severable. (Ord. 1261 § 1 (part), 1986)
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