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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/. 01061 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, 2 01061 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 01061 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 01061 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 01061