Ordinance Number 1060ORDINANCE NO. 1060
AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING IN PART SAN
JUAN CAPISTRANO MUNICIPAL CODE TITLE 5, PUBLIC
WELFARE, CHAPTER 20, SMOKING IN PUBLIC PLACES,
TO UPDATE THE CITY'S REGULATIONS TO INCLUDE A
BAN ON SMOKING IN PUBLIC PARKS
WHEREAS, parks owned by the City of San Juan Capistrano are valued resources
of the residents of the city and its visitors, and the City is committed to keeping those
parks clean, safe, healthy and pleasant for all;
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, the California Indoor Clean Air Act of 1976 (Cal. Health & Safety Code
§ 118875, et seq.) provides the City 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, the City Council has determined that banning smoking within public
parks in the city is necessary to protect the health, safety, and welfare of residents and
visitors;
WHEREAS, the City Council now intends to amend Municipal Code, Title 5,
Chapter 20 to include a ban on smoking in City parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals 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.
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SECTION 3.San Juan Capistrano Municipal Code Section 5-20.01 of Title 5,
Public Welfare, Chapter 20, Smoking in Public Places, is hereby amended, to read as
follows: 7�
"Sec. 5-20.01. Findings and purpose.
The City Council finds that the smoking of tobacco, or any other weed, plant
or substance is a positive danger to health and a material annoyance,
inconvenience, discomfort and a possible health hazard to those who are
present in confined and unconfined spaces, and in order to serve the public
health, safety and welfare, the declared purpose of this chapter is to prohibit
the smoking of tobacco or any other weed, plant or substance in certain
public places and places of employment as stated and required in this
chapter."
SECTION 4. San Juan Capistrano Municipal Code Section 5-20.08 of Title 5,
Public Welfare, Chapter 20, Smoking in Public Places, is hereby amended, to read as
follows:
"Section 5-20.08 Smoking prohibited — Public facilities.
(a) Smoking is prohibited and unlawful within the boundaries of all public
parks within the city.
(b) Smoking is prohibited and unlawful in all public restrooms within the
city."
SECTION 5. 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 6. 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 San Juan
Capistrano, 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 7. The City Clerk shall certify the adoption of this Ordinance and cause
it, or a summary of it, to be published as required by law.
r
2 01060
APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of San Juan Capistrano this 411 day of September 2018.
SER)WO FARIAS, MAYOR
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. 1060 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 21s' day of August 2018, and that thereafter, said Ordinance was duly
adopterJ,and passed at the Regular Meeting of the City Council on the 411 day of
Septe r 201 Q, by the following vote, to wit:
MEMBERS: Ferguson, Patterson, Reeve, Maryott and Mayor Farias
MEMBERS: None
MEMBERS: None
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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 2811 day of August 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 CO
CALIFORNIA, AMENDING IN PART'
CODE TITLE 5, PUBLIC WELFARE,
PLACES, TO UPDATE THE CITY'S R
SMOKING IN PUBLIC PARKS
This document was posted in the Office of
San Juan
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
OF SAN JUAN CAPISTRANO,
I CAPISTRANO MUNICIPAL
IT
R 20, SMOKING IN PUBLIC
TI NS TO INCLUDE A BAN ON
AFFIDAVIT OF POSTING
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 7'h day of September 2018, 1 caused to be posted a certified copy of Ordinance
No. 1060, adopted by the City Council on September 4, 2018, entitled:
AN ORDINANCE OF THE CITY COUN
CALIFORNIA, AMENDING IN Pd
MUNICIPAL CODE TITLE 5, PUB
SMOKING IN PUBLIC PLACES,
REGULATIONS TO INCLUDE A BAN (
This document was posted in the Office of
San Juan
OF SAN JUAN CAPISTRANO,
SAN JUAN CAPISTRANO
WELFARE, CHAPTER 20,
04 UPDATE THE CITY'S
KING IN PUBLIC PARKS
01060