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Ordinance No. 323 ORDINANCE NO. 323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 12 (STREETS SIDEWALKS, AND PUBLIC SPACES) TO AMEND SECTION 12.32.120 (SMOKING IN CITY OWNED OPEN SPACE) FORMERLY 4.07.030 (SMOKING) AND ADDING SECTION 12.40.380 (SMOKING PROHIBITION) TO CHAPTER 12.40 (PARKS AND RECREATIONAL FACILITIES) FORMERLY CHAPTER 13.02 (OPERATIONAL POLICIES) WHEREAS, the U.S. Department of Health and Human Services states that even though the consumption of tobacco has decreased in recent years, statistics suggest that the risks still remain and the use of electronic cigarettes is increasing, as follows: • 15.1% of all adults, 36.5 million people, aged 18 or older stated they were currently smoking in 2015; • Smoking causes cancer, heart disease, strokes, diabetes, and chronic obstructive pulmonary disease (COPD); • E-cigarettes produce a concoction of at least ten toxic chemicals that has tripled the number of calls to the poison control center involving children 5 years of age and under; • Depending on the delivery method, some E-cigarettes can contain higher concentrations of nicotine, tar, and carbon monoxide than regular cigarettes which can put people at higher risk for and/or lead to various diseases; • During 2011-2012, approximately 58 million Americans were exposed to secondhand smoke; • Exposure to secondhand smoke can lead to lung cancer, sudden infant death syndrome (SIDS), and/or increase risk of stroke by 20-30%; and WHEREAS, the Centers for Disease Control and Prevention stated tobacco use also known as, "low-yield cigarettes", "betel guid", "gutka", "ghutka", "gutkha", "bidis", "kreteks", "large cigars", "cigarillos", "little cigars", "menthol cigarettes", "shisha", "electronic nicotine delivery systems", "vapes", "vaporizers", "vape pens", "hookah pens", "electronic cigarettes", "ecigs", "e-pipes" is the United States' leading cause of preventable death and disability; and WHEREAS, on November 8, 2016, the voters of the State of California passed proposition 64,,the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"). The AUMA decriminalizes (under California law), controls and regulates the cultivation, processing, manufacture, distribution, testing and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years of age or older. The AUMA also taxes the commercial growth and retail sale of marijuana; and 1 of 5 WHEREAS, AUMA prohibited smoking or ingesting marijuana in any place where smoking is already prohibited and in any public place, except if expressly allowed such as in licensed marijuana businesses. Violators are guilty of an infraction punishable by no more than $100 or$250, depending on the conduct. For individuals under the age of 18, drug education programs, counseling, and community service are provided as alternatives to paying fines. (Health & Safety §§ 11362.4 (a) and (b).) The City is not preempted from further regulating marijuana inside of its public buildings by Health & Saf. Code, § 11362.45 (below), but the AUMA does not appear to exempt the City from preemption outside City buildings. WHEREAS, the City's open space contains significant vegetation which can ignite easily, it is important to restrict all possible sources of fire from the City's open space and to punish the burning of any material, including smoking, with the most severe penalty available, a misdemeanor. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amend 12.32.010 to read as follows: 12.32.010 - Definitions. For purposes of this chapter: L "City-owned open space" means all property owned by the City of Chino Hills, including both preserved natural ecological habitat and City-maintained landscaped areas, except for City parks and public facilities such as the City Hall and City Yard or the area within the dedicated right-of-way for public streets and highways. "Electronic Smoking Device" means an electronic device that can be used to • deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic Smoking Device" includes any such device, whether 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. "Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization and human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, or nicotine, and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke and Electronic Smoking Device vapors. "Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. 2 of 5 SECTION 2. Amend 12.32.120 to read as follows: 12.32.120 - Smoking and Burning Material Prohibited It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.36.010 et seq. of this Code, for any person to light, ignite, vape, or set fire or smoke Electronic Smoking Devices, cigarettes, pipes, or cigars, or to carry any burning material, in City owned open space. SECTION 3. Add Section 12.40.380 to read as follows: 12.40.380 - Smoking Prohibited No person shall smoke (as that term is defined in Section 12.32.010 of this Code) tobacco, Electronic Smoking Devices (as that term is defined in Section 12.32.010 of this Code), cigarettes, pipes, or cigars in any City park or recreation facility except that tobacco products may be smoked in outside areas designated by the City Manager for and during certain special events. This prohibition encompasses the entire campus of City park and recreational facilities including, but not limited to, outdoor and indoor areas, playgrounds, gazebos, parking lots, walkways, and easements. SECTION 3. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance Nos. 91-01 and 92-02. SECTION 4. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.' SECTION 5. Repeal of any provision of the Chino Hills Municipal Code ("CHMC") does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CHMC or other City Ordinance by this Ordinance will be rendered void and cause such previous CHMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 7. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. 3 of 5 SECTION 8. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. This Ordinance shall take effect on the 30th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 13th day of March, 2018. PETER J oGERSJAfY ATTEST: CHERYL BkLZ, C ITY CLERK APPROVED AS TO FORM: / cO MARK D. HE'NSLEY, CITY ATTORNEY 4 of 5 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 323 was duly introduced at a regular meeting held February 27, 2018; and adopted at a regular meeting of the City Council held on the 13th day of March, 2018, by the following vote, to wit: AYES: COUNCIL MEMBERS: ROGERS, MORAN, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BENNETT CHERYL BALZ,JCrNGL-E K I hereby certify that the foregoing is the original of Ordinance No. 323 duly passed and adopted by the Chino Hills City Council at their regular meeting held on March 13, 2018, and that summaries of the Ordinance were published on March 3, 2018 and March 17, 2018 in the Chino Hills Champion newspaper. CHERYL BAILZSITY CLEF 5 of 5 City of Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 12 (STREETS SIDEWALKS, AND PUBLIC SPACES) TO AMEND SECTION 12.32.120 (SMOKING IN CITY OWNED OPEN SPACE) FORMERLY 4.07.030 (SMOKING) AND ADDING SECTION 12.40.380 (SMOKING PROHIBITION) TO CHAPTER 12.40 (PARKS AND RECREATION FACILITIES) FORMERLY CHAPTER 13.02 (OPERATIONAL POLICIES) attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 14th of March, 2018, CHERYL BALZ1 CITY CLEKK • PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, printed and published weekly in the City of Chino, County of San Bernardino, and which newspaper 1 g has been adjudged a PUBLIC NOTICE OF ADOPTION OF TY OF CHINO newspaper of general circulation by the Superior Court of the ORDINANCE NO.1LLS 323 County of San Bernardino, State of California, under the date NOTICE IS HEREBY GIVEN of August 5, 1952, Case Number 73453; that the notice, of that on March 13, 2018, the city Council of the City of Chino Hills which the annexed is a printed copy (set in type not smaller adopted Ordinance No. 323 entitled: than nonpareil), has been published in each regular and AN ORDINANCE OF THE CITY entire issue of said newspaper and not in any supplement COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE thereof on the following dates, to-wit: CHINO HILLS MUNICIPAL CODE TITLE 12(STREETS SIDEWALKS,AND PUBLIC SPACES)TO AMEND SECTION 12.32.120 March 17, all in the year 2018 (SMOKING IN CITY OWNED OPEN SPACE)FORMERLY 4.07.030(SMOKING) AND ADDING SECTION 12.40.380 )TO CHAPTER I certify (or declare) under penalty of perjury that the 12.40KING(PAR SOH AND ORECREATIONAL foregoing is true and correct. FACILITIES)FORMERLY CHAPTER 13.02 (OPERATIONAL POLICIES) The Ordinance amends Title Dated at Chino, California, this 17th day of 12 of the Chino Hills Municipal Code to prohibit, in City parks and indoor and outdoor City recreational March 2018 facilities (with a limited exception), smoking, including smoking of tobacco cigarettes and e-cigarettes, and to make such violations an infraction. The ordinance also adds to the current / prohibition against smoking in the City- owned open space, p p punished as a (Signature) misdemeanor, the carrying or igniting MAR 21 2018 of any burning material, including ettes, Suzanne Rojas cigarettes,u e featr that the C ts and y'sr open space contains significant vegetation which can ignite easily. L. Ordinance No. 323 was adopted by the City Council by the following Champion vote: i Ayes: Rogers, Moran, Johsz, Marquez Noes: None Absent: Bennett Serving the Chino Valley and Chino Hills Abstain: None A certified copy of the full text of Ordinance No. 323 is available for review in the office of the City Clerk, 9th & D Streets • P.O. Box 607 City of.Chino Hills, 14000 City Center Drive,Chino Hills. Chino, California 91708 DATED: March 14,PUBLISH: Chino Hills 2018 Champion Phone: (909) 628-5501 March 17,2018 209-18 Adjudicated August 5, 1952 Case No. 73453