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Ordinance No. 845 - Ban Smoking in All City ParksORDINANCE NO. 845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADDING SECTION 12.44.050 TO THE ROSEMEAD MUNICIPAL CODE TO BAN SMOKING IN ALL CITY PARKS. The City Council of the City of Rosemead ordains as follows: WHEREAS, studies have shown breathing environmental tobacco smoke to be a significant health hazard, especially for children, elderly people, individuals with cardiovascular disease, individuals with impaired respiratory function, asthmatics, and those with obstructive airway disease; and WHEREAS, the City of Rosemead seeks to reduce the amount of pollution caused by discarded tobacco products; and WHEREAS, Section 118910 of the California Health and Safety Code permits the City to regulate smoking in any manner not inconsistent with the California Indoor Clean Air Act of 1976. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Section 12.44.050 is hereby added to the Rosemead Municipal • Code to read as follows: SECTION 12.44.050. PROHIBITION OF SMOKING IN PUBLIC PARKS. A. It is unlawful for any person to possess a burning tobacco or tobacco- related product, including but not limited to cigars and cigarettes, to dispose of lighted or unlighted cigars or cigarettes or cigarette butts, or any other tobacco-related waste, in or upon any City park, playground, or recreation center. B. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to obtain compliance with this Section. C. A violation of 12.44.050 (A) or (B) shall be punishable as an infraction by a fine not exceeding one hundred dollars ($100) for a first violation; a fine not exceeding two hundred dollars ($200) for a second violation; and a fine not exceeding five hundred dollars ($500) for each additional violation thereafter. Ordinance No. 845 July 11, 2006 Page 2 of 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Rosemead on this 11th day of July, 2006. • ATTEST: ,(A1Ct of 1111 i ~'ra City Clerk, City of Rosemead 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the • Ordinance No. 845 was duly and regularly approved and adopted by the Rosemead City Council on the 11th of July 2006, by the following vote to wit: Yes: Nunez, Taylor, Tran No: Clark, Imperial Abstain: None Absent: None (/'da6- Nina Castruita City Clerk n U