Ordinance Number 1061ORDINANCE NO. 1061,
AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA AMENDING THE DEFINITION
OF "SMOKING", FOR PURPOSES OF SAN JUAN
CAPISTRANO MUNICIPAL CODE TITLE 5, PUBLIC
WELFARE, CHAPTER 20, SMOKING IN PUBLIC PLACES,
TO INCLUDE ELECTRONIC SMOKING DEVICES
WHEREAS, the California Indoor Clean Air Act of 1976 (Cal. Health & Safety Code
§ 118875, et seq.) provides the City of San Juan Capistrano with broad authority to ban
completely the smoking of tobacco within its jurisdictional bounds, or otherwise regulate
smoking in any manner not inconsistent with state law;
WHEREAS, Municipal Code Title 5, Public Welfare, Chapter 20, Smoking in Public
Places, regulates where smoking is currently prohibited and unlawful within the City;
WHEREAS, electronic smoking devices, commonly ieferred to as "e -cigarettes,"
"e -cigars," "e -cigarillos," "e -pipes," or "e -hookahs," are electronic devices often made to
look like conventional tobacco products in shape, size, and color;
WHEREAS, electronic smoking devices are designed to be used in the same
manner as conventional tobacco products with the user exhaling a smoke -like vapor
similar in appearance to the exhaled smoke from cigarettes and other conventional
tobacco products;
WHEREAS, a study published in the Journal of Environment and Public Health'
suggests that electronic smoking devices "may have the capacity to 're -normalize'
tobacco use in a demographic that has had significant denormalization of tobacco use
previously";
WHEREAS, nicotine is a highly addictive neurotoxin and is included in the Prop 65
list of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity.2 Nicotine
is known to cause birth defects and is particularly dangerous for vulnerable populations
including children, pregnant women and people with cardiovascular conditions;
WHEREAS, a study published in the American Journal of Public Health3 concluded
that the electronic smoking devices tested demonstrated poor quality control, toxic
contaminants, misrepresentation of the nicotine delivered and insufficient evidence of the
overall public health benefit;
,,
' McMillen R, Maduka J and WinickoiiJ. "Use of Emerging Tobacco Products in the United States." Journal of
Environmental and Public Health, http://dx.doi.org/l0.1155/2012/989474, Volume 2012.
2 State of California Environmental Protection Agency. Chemicals Known to the State to Cause Cancer or
Reproductive Toxicity. May 25, 2018.
3 Cobb NK, Byron J, Abrams DB, et al. "Novel Nicotine Delivery Systems and Public Health: The Rise of the 'E -
Cigarette"' American Journal of Public Health, December 2010.
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2978165/.
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WHEREAS, the use of electronic smoking devices in smoke-free locations
throughout the City threatens to reverse the progress that has been made in establishing
the social norm that smoking is not permissible in certain public places or places of
employment;
WHEREAS, prohibiting the use of electronic smoking devices in smoke-free
locations throughout the CitiWill protect traditionally smoke-free locations and will prevent
people, including children, from involuntarily inhaling nicotine and potentially harmful
chemicals that may exist in the secondhand vapor of electronic smoking devices;
WHEREAS, the City Council has determined that broadening the City's prohibition
on smoking to include electronic smoking devices is necessary to protect the health,
safety and welfare of City residents and visitors;
WHEREAS, the City -Council now intends to amend Municipal Code, Title 5,
Chapter 20 to broaden the City's definition of smoking to include electronic smoking
devices for purposes of restricting the harmful effects of smoking throughout the City,
consistent with state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The reoitals above are each incorporated by reference and adopted
as findings by the City Council.
SECTION 2. CEQA. The City Council determines that this code amendment is
not subject to environmental review under the California Environmental Quality Act
("CEQA") (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines
(Cal. Code Regs., § 15000 et seq.) section 15061(b)(3) and section 15301. Pursuant to
State CEQA Guidelines section 15061(b)(3), CEQA only applies to projects with the
potential for causing a significant effect on the environment, and here the proposed
smoking ban will only result in environmental and public health improvements and
benefits. Further, pursuant to State CEQA Guidelines section 15301, CEQA does not
apply to minor alterations in existing facilities, and here, the proposed smoking ban
applies to activities taking place within existing public parks. The City Council further
finds that none of the exceptions to these exemptions, found in State CEQA Guidelines
section 15300.2 apply.
SECTION 3.San Juart Capistrano Municipal Code Section 5-20.02, subparagraph
(h) of Title 5, Public Welfare, Chapter 20, Smoking in Public Places, is hereby amended,
to read as follows:
"Sec. 5-20.02. Definitions.
(h) "Smoke" or "smoking" means and includes any of the following: (1)
engaging in an act that generates gases, particles or vapors released into
the air as a result of combustion, electrical ignition or vaporization, including
from a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette,
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or an electronic or battery operated smoking device that delivers vapors for
inhalation, when the purpose of the combustion, electrical ignition or
vaporization is human inhalation of the gases, particles or vapors. Smoking
does not include the combustion of material solely for olfactory purposes
that does not contain any tobacco or nicotine. Smoking shall include
smoking from every variation and type of electronic or battery operated
smoking device that delivers vapors for inhalation, whether they are
manufactured, distributed, marketed or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic
hookah or any other product name or descriptor."
SECTION 4. If any provision of this Ordinance or its application to any person or
circumstance is held invalid, such invalidity has no effect on the other provisions or
applications of the Ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this Ordinance are severable. The City
Council declares that it would have adopted this Ordinance irrespective of the invalidity
of any portion thereof.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a
newspaper of general circulation printed and published within the City of Culver City, and
shall post a certified copy of this Ordinance, including the vote for and against the same,
in the Office of the City Clerk in accordance with California Government Code Section
36933.
SECTION 6. The City Clerk shall certify the adoptiori'of this Ordinance and cause
it, or a summary of it, to be published as required by law.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of San Juan Capistrano this 1611 day of October 2016.
A Z., _
SERGIO FARIAS, MAYOR
ATTE
MARIA R 71
CITY CLER
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1061 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 2nd day of October 2018, and that thereafter, said Ordinance was duly
ado ted Ad passed at the Regular Meeting of the City Council on the 161h day of October
2 1 by t e following vote, to wit:
MEMBERS: Ferguson, Patterson, Maryott and Mayor Farias
MEMBERS: Reeve
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 3'd day of October 2018, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUKIL OF SAN JUAN CAPISTRANO,
CALIFORNIA AMENDING THE DEF N I N OF "SMOKING', FOR
PURPOSES OF SAN JUAN CAPISTN UNICIPAL CODE TITLE 5,
PUBLIC WELFARE, CHAPTER 20, SM IN PUBLIC PLACES, TO
INCLUDE ELECTRONIC SMOKING DEVI
This document was posted in the Office of the C ¢ rk
San Juan
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 1911 day of October 2018, 1 caused to be posted a certified copy of Ordinance No.
1061, adopted by the City Council on October 16, 2018, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA AMENDING THE DEFINITION OF "SMOKING', FOR
PURPOSES OF SAN JUAN CAPIST 0 MUNICIPAL CODE TITLE 5,
PUBLIC WELFARE, CHAPTER 20, S O I G I PUBLIC PLACES, TO
INCLUDE ELECTRONIC SMOKING VI $
This document was posted in the Office of
San
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