DATE: November 7, 2012 0 CiTY OF PALMDALE fteport TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM THE CITY MANAGER SUBJECT: Proposed Ordinance No. 1433 ISSUING DEPARTMENT: Office of the City Attorney SUMMARY Issues: Shall the City Council Approve Proposed Ordinance No. 1433 (Options A, B, or C) Amending Sections 8.34.040 and 8.34.120 of the Palmdale Municipal Code Relating to Smoking at Outdoor City Facilities Including Parks? Recommendation: Staff recommends that the City Council receive public testimony and adopt proposed Ordinance 1433, Option A, B, or C. Fiscal Impact: The C'ty may incur costs associated with the removal of ash cans and the installation, removal, or replacement of signage at certain city facilities. These costs may be offset, in small part, by a grant received from advocates for smokefree parks. DISCUSSION In 2006, the City Council adopted Ordinance No. 1291, which prohibited smoking at Pálmdale Amphitheater, DryTown Water Park, and Best of the West Softball Complex, and restricted smoking at all other outdoor city owned, leased, or operated facilities to certain designated areas. At that time, the City Council determined the following:
Staff Report: Ordinance No. 1433 November 7, 2012 Page 2 of 4 Reports issued by the U.S. Surgeon General have outlined several adverse health consequences of inhaling secondhand smoke.1 Of particular concern, the U.S. Surgeon General has found that "the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke" and that even "brief exposure" to second hand smoke can trigger "respiratory symptoms, including cough, phlegm, wheezing, and breathlessness" and "an asthma attack in children with asthma."2 The negative health effects second hand smoke has on the public are well known. The City is authorized under its police power to implement and enforce a ban on smoking in certain public places in order to protect the public health, safety and welfare of its residents and visitors. Recently, the City Council has revisited the issue of smoking at outdoor city facilities, particularly at parks. After public comments and City Council discussion at the August 1, 2012 City Council meeting, Staff identified four possible courses of action regarding smoking at outdoor city facilities: 1) Completely ban smoking at all outdoor city facilities, including parks (Proposed Ordinance 1433 - Option A); 2) Continue to allow smoking in the currently designated smoking areas (Proposed Ordinance 1433 - Option B); 3) Completely ban smoking at outdoor city facilities, except at select locations (Proposed Ordinance 1433 - Option C); or 4) Continue to allow smoking in certain designated areas (Proposed Ordinance 1433 - Option B) and provide staff with further direction regarding the specific location of the smoking areas. Staff has discussed the possible options and has identified some practical considerations for certain facilities. The Palmdale Transportation Center currently has designated smoking areas to accommodate commuters who are preparing to travel for long periods of time in public transportation where smoking is prohibited. Maintenance staff recently reviewed the signage at the Palmdale Transportation Center and installed new "No Smoking" signs in the bus and train bays to enhance awareness of the designated smoking areas. The Public Security Officers have also made it a point of emphasis to remind patrons of the appropriate smoking locations. The Chimbole Cultural Center and Palmdale Amphitheater are regularly rented to host private gatherings, where uninformed renters and their guests may assume smoking accommodations are available. These locations are typically rented for extended periods of time and requiring guests to leave the vicinity to smoke could be considered an impractical request. Service providers and entertainers in the event industry have a propensity to smoke. A backstage smoking provision at the Palmdale Amphitheater has been 1 U.S. Surgeon General report The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General (June 27, 2006). 2 Id.
Staff Report: Ordinance No. 1433 November 7, 2012 Page 3 of 4 created to prevent disruptions in workflow and to meet the needs of the many performing artists. Additionally, a smoking location has been provided in the Palmdale Amphitheater for security purposes. Patrons are discouraged from leaving the Palmdale Amphitheater during events to reduce drinking in the parking lots and to allow the staff to focus on security within the event. This policy has been particularly important during at-capacity events, where staff has encountered situations where patrons have gone off-site to smoke and then were prevented from coming back in because the facility was at capacity. Staff's preference is to allow for limited smoking areas at the Palmdale Transportation Center, the Chimbole Cultural Center and the Palmdale Amphitheater. 1. Complete Smoking Ban at Outdoor City Facilities If the City Council determines smoking should be banned in all areas of its outdoor facilities, the City Council should adopt proposed Ordinance 1433 (Option A). Proposed Ordinance 1433 (Option A) would amend Section 8.34.040 of the Palmdale Municipal Code, completely banning smoking at all outdoor city facilities, including parks. Designated smoking areas would not be permitted. Proposed Ordinance 1433 (Option A) would also amend Palmdale Municipal Code Section 8.34.120, subsection C to clarify that the administrative citation provisions contained in Title 1 of the Palmdale Municipal Code apply to violations of the city smoking ordinance. 2. Keep Currently Designated Smoking Areas If the City Council determines that the currently designated smoking areas provide the appropriate balance between those citizens desiring a smoke free environment and those citizens wishing to smoke, Staff recommends that the City Council adopt proposed Ordinance 1433 (Option B) and direct Staff to keep the currently designated smoking areas. Proposed Ordinance 1433 (Option B) would amend the Palmdale Municipal Code to clarify that smoking is permitted, in designated areas, at the Palmdale Amphitheater. Proposed Ordinance 1433 (Option B) would also amend Palmdale Municipal Code Section 8.34.120, subsection C to clarify that the administrative citation provisions contained in Title I of the Palmdale Municipal Code apply to violations of the city smoking ordinance. 3. Complete Smoking Ban Except at Select Facilities If the City Council determines smoking should be banned in all areas of its outdoor facilities except in select city facilities, the City Council should adopt proposed Ordinance 1433 (Option C). Proposed Ordinance 1433 (Option C) would amend Section 8.34.040 of the Palmdale Municipal Code, completely banning smoking at all outdoor city facilities, including parks, except for the Palmdale Amphitheater, the Palmdale Transportation Center, and the Larry Chimbole Cultural Center. Designated
Staff Report: Ordinance No. 1433 November 7, 2012 Page 4 of 4 smoking areas would not be permitted at city facilities except at these select locations. Proposed Ordinance 1433 (Option C) would also amend Palmdale Municipal Code Section 8.34.120, subsection C to clarify that the administrative citation provisions contained in Title I of the Palmdale Municipal Code apply to violations of the city smoking ordinance. 4. Restrict Smoking at Outdoor Facilities and Change Designated Smoking Areas If the City Council determines that certain outdoor facilities should have designated smoking areas, however, the currently designated smoking areas do not provide the appropriate balance between those citizens desiring a smoke free environment and those citizens wishing to smoke, Staff recommends that the City Council adopt proposed Ordinance 1433 (Option B) to clarify the City's existing policies regarding smoking at outdoor city facilities and provide Staff with further direction regarding the placement of designated smoking areas. CONCLUSION Staff recommends that the City Council receive public testimony and adopt proposed Ordinance 1433, Option A, B, or C. Reviewed by. David Childs City Manager -......'... - / Wm. Matthew Ditzhazy City Attorney
CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO. 1433 (Option A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING SECTIONS 8.34.040 AND 8.34.120 OF THE PALMDALE MUNICIPAL CODE PROHIBITING SMOKING AT OUTDOOR CITY FACILITIES INCLUDING PARKS WHEREAS, establishing rules employment; and in 1993, the City Council enacted Ordinance Number 1024 regulating smoking in enclosed public places and places of WHEREAS, the Surgeon General of the United States has determined that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke and that even brief exposure to second hand smoke can trigger respiratory symptoms and asthma attacks in children with asthma; and WHEREAS, in 2006, the City Council enacted Ordinance Number 1291 prohibiting smoking at the Palmdale Amphitheater, Best of the West Softball Complex, and DryTown Water Park; and WHEREAS, in 2006, the City Council enacted Ordinance Number 1291 prohibiting smoking at other outdoor City facilities, such as parks, except in designated areas, as determined by the City Manager; and
Ordinance No. 1433 Page 2 of 3 WHEREAS, the city council finds and determined that all persons have the right to a smoke-free environment if they so desire; and WHEREAS, the city council finds and determines that smoking should be completely prohibited at all outdoor city facilities, including parks. THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS: SECTION 2. Palmdale Municipal Code Section 8.34.120, subsection C is amended to read as follows: "C. Violation of any provision of this chapter shall be punishable as set forth in PMC Title 1." SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
Ordinance No. 1433 Page 3 of 3 SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law. PASSED, APPROVED and ADOPTEDis seventh day of November, 2012 effective on the eight day of December, 2012 by tø.lowing vote: AYES: NOES: ABSTAIN: ABSENT: James C. Ledford, Jr., Mayor ATTEST: APPROVED AS TO FORM: Rebecca J. Smith, City Clerk City Attorney (I "
CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO. 1433 (Option B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING SECTIONS 8.34.040, 8.34.120, AND 8.24.292 OF THE PALMDALE MUNICIPAL CODE RELATING TO SMOKING AT OUTDOOR CITY FACILITIES INCLUDING PARKS WHEREAS, in 1993, the City Council enacted Ordinance Number 1024 establishing rules regulating smoking in enclosed public places and places of employment; and WHEREAS, scientific studies conducted by the Surgeon General of the United States and the United States Environmental Protection Agency have found that tobacco smoke is a significant health hazard to ciudren and teenagers, elderly people, individuals with cardiovascular disease andthdividuals with impaired respiratory function; and WHEREAS, health hazards induci by exposure to second-hand and sidestream smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, broncho-constriction and broncho-spasm, and heart disease; and WHEREAS, the Surgeon General of the United States has determined that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke and that even brief exposure to second hand smoke can trigger respiratory symptoms and asthma attacks in children with asthma; and WHEREAS, in 2006, the City Council enacted Ordinance Number 1291 prohibiting smoking at the Palmdale Amphitheater, Best of the West Softball Complex, and DryTown Water Park; and WHEREAS, in 2006, the City Council enacted Ordinance Number 1291 prohibiting smoking at other outdoor City facilities, such as parks, except in designated areas, as determined by the City Manager; and
Ordinance No. 1433 Page 2 of 3 WHEREAS, City Staff has worked to balance the interests of smokers and non-smokers by designating smoking areas at certain city facilities in a manner that least impacts non-smokers; and WHEREAS, the city council has determined that smoking should be regulated at the Palmdale Amphitheatre to only allow for smoking in a manner that least impacts non-smokers. THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Palmdale Municipal Code Section 8,a4.04O, subsection C is amended SECTION 2. to read as follows: Palmdale Municipal Code Section 8.34.120, subsection C is amended "C. Violation of any provision of this chapter shall be punishable as set forth in PMC Title 1." SECTION 3. follows: Palmdale Municipal Code Section 824.292 is amended to read as "8.24.292 Palmdale Amphitheater. In addition to all City ordinances, state and federal laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the Palmdale Amphitheater: (A) A person shall not enter, be, or remain in the Palmdale Amphitheater except during a scheduled event or with the permission of the Director. (B) A person shall not throw, toss, or hurl any object in the Palmdale Amphitheater. (C) A person shall not bring into the Palmdale Amphitheater any food, beverage, ice chest or cooler, unless prior approval is obtained from the Director. (D) A person shall not smoke in the Palmdale Amphitheater, except in those areas designated as smoking areas.
Ordinance No. 1433 Page 3 of 3 (E) A person shall not dispose of any cigarette, cigar or tobacco, or cigarette or cigar, in any place in the Palmdale Amphitheater, including and other receptacles maintained for the disposal of rubbish, except designated for the disposal of tobacco products." any part of a garbage cans in receptacles SECTION 4. Severability, If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law. PASSED, APPROVED and ADOPTED this seventh day of November, 2012 effective on the eight day of December, 2012 by the following vote: AYES: NOES: 0' ABSTAI N: ABSENT: James C. Ledford, Jr., Mayor ATTEST: Rebecca J. Smith, City Clerk APP OVEDAS TO FORM: /^4W2K2 City Attorney
CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA ORDINANCE NO. 1433 (Option C) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING SECTIONS 8.34.040, 8.34.120, AND 8.24.292 OF THE PALMDALE MUNICIPAL CODE PROHIBITING SMOKING AT OUTDOOR CITY FACILITIES INCLUDING PARKS EXCEPT AT SELECT CITY FACILITIES WHEREAS, in 1993, the City Council enacted Ordinance Number 1024 establishing rules regulating smoking in enclosed public places and places of employment; and WHEREAS, the Surgeon General of the United States has determined that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke and that even brief exposure to second hand smoke can trigger respiratory symptoms and asthma attacks in children with asthma; and WHEREAS, in 2006, the City Council enacted Ordinance Number 1291 prohibiting smoking at the Palmdale Amphitheater, Best of the West Softball Complex, and DryTown Water Park; and WHEREAS, in 2006, the City Council enacted Ordinance Number 1291 prohibiting smoking at other outdoor City facilities, such as parks, except in designated areas, as determined by the City Manager; and WHEREAS, City Staff has worked to balance the interests of smokers and non-smokers by designating smoking areas at certain city facilities in a manner that least impacts non-smokers; and
Ordinance No. 1433 Page 2 of 3 WHEREAS, the city council has determined that smoking should be completely prohibited at all city facilities except the Palmdale Transportation Center, the Palmdale Amphitheatre, and the Larry Chimbole Center, where smoking should be regulated to only allow for smoking in a manner that least impacts non-smokers. THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS: SECTION 1. follows: Palmdale Municipal Code Section 8.34.040 is amended to read as "8.3404O City owned, leased or operated facilities. A. All enclosed facilities which are owned, leased or operated by the City, including vehicles, shall be subject to the provisions of this chapter. B. Smoking shall be prohibited at all outdoor facilities, including parks, which are owned, leased or operated by the City. C. Notwithstanding the provisions of subsection (B) of this section, smoking shall be prohibited, except in those areas designated as smoking areas, at the following facilities: I Palmdale Amphitheater, 2 Palmdale Transportation Center, ana 3 Larry Chimbole Cultural Center D The City Manager, or his or her desigeis authorized to establish, and change, the designated smoking area(s) for eath1cility identified in subsection (C) The City Manager, or his or her designee, shatjsonspicuously post, or cause to be posted, at every designated smoking area, i?g1hs identifying that area as a location where smoking is permitted." SECTION 2. Palmdale Municipal Code Section 8.34.120, subsection C is amended to read as follows: "C. Violation of any provision of this chapter shall be punishable as set forth in PMC Title 1." SECTION 3. follows: Palmdale Municipal Code Section 8.24.292 is amended to read as "824.292 Palmdale Amphitheater. In addition to all City ordinances, state and federal laws, and any other applicable laws, rules, and regulations, the following apply specifically to the park known as the Palmdale Amphitheater: (A) A person shall not enter, be, or remain in the Palmdale Amphitheater except during a scheduled event or with the permission of the Director. (B) A person shall not throw, toss, or hurl any object in the Palmdale Amphitheater.
Ordinance No. 1433 Page 3 of 3 (C) A person shall not bring into the Palmdale Amphitheater any food, beverage, ice chest or cooler, unless prior approval is obtained from the Director. (0) A person shall not smoke in the Palmdale Amphitheater, except in those areas designated as smoking areas. (E) A person shall not dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place in the Palmdale Amphitheater, including garbage cans and other receptacles maintained for the disposal of rubbish, except in receptacles designated for the disposal of tobacco products." SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law. PASSED, APPROVED and ADOPTED this senth day of November, 2012 effective on the eight day of December, 2012 by the fq4inig vote AYES: NOES: ABSTAIN: ABSENT: James C. Ledford, Jr., Mayor ATTEST: APPROVED AS TO FORM: Rebecca J. Smith, City Clerk CyAUorf'J7