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CC - Item 5A - Smoke Free Parks Ordinance• E M F S O ~ 4 Air / ORPORATEU ~25q is ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: ANDREW C. LAZZARETTO, CITY MANAGE DATE: JUNE 27, 2006 SUBJECT: SMOKE FREE PARKS ORDINANCE SUMMARY At the June 13, 2006 City Council Meeting, staff was directed to prepare an ordinance that would ban smoking in all public parks (Attachment A). If approved, the measure would make it unlawful to use and dispose of any tobacco-related product in any City park. A first violation of the proposed ordinance would result in a fine of no more than $100, a second violation would result in a fine of no more than $200, and a third violation and every violation thereafter would be punishable by a fine of no more than $500. Staff Recommendation Staff recommends that the City Council add section 12.44.050 to the Rosemead Municipal Code banning smoking in all City parks. ANALYSIS Although difficult to enforce, there are a number of cities in Los Angeles County that have enacted smoking restrictions at parks, including: ■ Monterey Park ■ Manhattan Beach ■ El Monte ■ Los Angeles ■ Baldwin Park ■ Beverly Hills ■ Pasadena ■ Santa Monica Also, a number of local organizations and individuals have endorsed the concept of an ordinance banning smoking at all City parks, including the Rosemead Library, Rosemead High School, Assembly Member Judy Chu, the Los Angeles County Service Planning Area 3 Council, the Los Angeles County Division of the American Heart Association, and Breathe California of Los Angeles County (Attachment B). There has been no registered opposition to the measure. APPROVED FOR CITY COUNCIL AGENDA: &4f ~ • i City Council Meeting June 27, 2006 Page 2 of 2 LEGAL REVIEW The City Attorney has reviewed and approved both this staff report and the attached ordinance. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: &L' 4~~~- Oliver Chi Director of Administrative Services Attachment A: Ordinance 2006-01 Attachment B: Support Letters • • ATTACHMENT A ORDINANCE NO. 2006-01 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. 2006-01 June 27, 2006 Page 2 of 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Rosemead on this 27th day of June, 2006. Mayor, City of Rosemead ATTEST: City Clerk, City of Rosemead Cliarit•> L,l I I~, ~\n~~,,1;~, f'rr'• • ATTACHMENT B I il,r,rl v 710(1 F.,i,t Intperiol Hwy , P., I. 111- 70 1 I . U r.•. I;r I 1 ' 111 ' 1! 7!i l 1 ! ao (562) J 10-8-1131, FF1 FI-AX i )62! r;l,•'.! !i mss MARGARET DONNELLAN TODD COUNrf LIBRARIAN May 9, 2006 Rosemead City Council City of Rosemead City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Dear City Council Members: On behalf of Rosemead Library, I wish to express our support for a curb-to-curb ordinance to designate Rosemead parks as smoke-free. We encourage the Rosemead City Council to do the same in order to affirm the desire of the community for clean, safe, smoke-free parks. Our neighboring cities in the San Gabriel Valley, including El Monte and Monterey Park, have already made their public parks completely smoke-free. I urge the Rosemead City Council to do the same by passing this ordinance. Your leadership is needed on this important issue to protect the health and welfare of the citizens of Rosemead. Sincerely, je-~ X"__' Desiree Lee Community Library Manager Rosemead Library $grving the uninucrporatad arna of Los n.70nii!3i County ar-: f sit.ps of AgDura Hills • Aries e . A+a;-7 • Baldwin P-2-4 • 5~1i = 8211 Gardens • Ballf!owar • Bradt Jr'v • Ca,s.' n + C13 ~g;r Cr' • j:!C•. • C•.:danv a Cuhtq, Cll`I • c'laln Ugly a3f • CUa r"s a ET ■ Gardena • Hawaiian Garden, • H;a•rvihome ■ 7e"r^s2 Enni, s-!jdgn Hills Hunt°.ngtJn Park La Carar'a F!;nrijga a La Habra H3ights ■ Lakewood + La Mirada • Lancaster a La PLB • La 'Var.-,? . Lawnd3le • ! .)!noa • L.J'IN ,od a kllolt:i • Marna!'?,-, Beach = Ma4wead • fA:rtatello • Nz-,n_.:k • rj'3'r •a, it I PiC.. '9 Rosemead • San Ci:ras • Sa:- FewaCd.~ • Sao •Santa C'arita • SOulh E! tds,,t~ • S,,--!h GH:a • -e-.'_ + n • , I$. • tP N I 413 a C: ~tR3 13s! GII'Iwrr " ■ L`r Slla' l/ii dra KATHY FURNALD • Superintendent January 17, 2006 Rosemead City Council City of Rosemead City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Dear City Council Members: • ROSEMEAD HIGH SCHOOL DIANE BLADEN Principal On behalf of Rosemead High School, I wish to express our enthusiastic support for a curb-to- curb ordinance to designate Rosemead parks as smoke-free. We encourage the Rosemead City Council to do the same in order to affirm the desire of the community for clean, safe, smoke-free parks. In 2002, California passed a law that requires a 25-feet smoke-free zone around playgrounds and sandbox areas in order to protect kids from the harmful effects of secondhand smoke. Unfortunately, the law has not prevented individuals from using the rest of the playground as a personal ashtray. Cigarette butts and empty packages are discarded on the ground putting small children and pets at risk of swallowing, choking, or burning themselves with the refuse. Additionally, children imitate adults. When children see adults smoking in a family-friendly place, they see the behavior as acceptable, influencing them to copy the behavior. Secondhand smoke is also dangerous, especially for children and adults with asthma or other chronic illnesses. It causes an estimated 35,000 to 62,000 deaths annually from cardiovascular disease and another 3,000 deaths from lung cancer. Also, the Environmental Protection Agency estimates that secondhand smoke is responsible for between 150,000 and 300,000 lower respiratory tract infections in infants and children under 18 months of age annually. Rosemead High School is adjacent to Rosemead park and our students frequently use the parks for physical recreation and sports. Creating smoke-free parks will allow students to enjoy the park without having to endure the harmful effects of second-hand smoke and unsightly litter. We encourage the Rosemead City Council to pass a curb-to-curb smoke-free parks ordinance to reduce tobacco trash, protect non-smokers, and set a healthy, smoke-free example for our youth. Sincerely, Principal Diane Bladden Rosemead I-Iigh School SINCERITY • HONOR • TOLERANCE • SERVICE 9063 E. Mission Drive • Rosemead, California 91770-4498 • (626) 286-3141 • Fax: (626) 286-6396 scar 0 1 ~~~41f~ ID STATE P.O. BOX 942849 CAPITOL 7 -mss ilt1X~1ItPtS~~tLi1r P 94249-0049 SACRAMENTO, 30192049 FAX(916)319-2149 O DISTRICT OFFICE JUDY CHU 1255 CORPORATE CENTER DRIVE ASSEMBLYMEMBER, FORTY-NINTH DISTRICT SUITE PH9 MONTEREY PARK, CA 91754 (323) 981-3426 FAX(323)981-3436 March 1, 2006 U EL MONTE DISTRICT OFFICE 10505 VALLEY BLVD., #306 EL MONTE, CA 91731 (626) 450-6116 FAX(626)450-6119 Rosemead City Council 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Mayor and City Council Members: I am writing to express my enthusiastic support for a proposed city ordinance to designate all parks in Rosemead as smoke-free zones. Although current California law prohibits smoking and disposing of cigarettes within 25 feet of playgrounds or tot lots, parks are still being used as ashtrays and continue to be littered with tobacco and cigarette packaging waste. Cigarette butts not only present a fire danger but they cause significant environmental harm and are costly to clean up. Cigarette butts also pose a serious health risk to our youth as infants and small children may choke on the discarded waste. The passage of a curb-to-curb smoke-free park ordinance will ensure that Rosemead city parks are clean and safe for all residents to enjoy. In addition to reducing tobacco-related waste, a smoke-free policy will protect everyone using the parks from secondhand smoke. Exposure to secondhand smoke is especially dangerous for children as they are more susceptible to developing respiratory problems and the harmful effects associated with tobacco use. Smoke-free parks also encourage healthy role modeling since children often imitate adult behavior. When children see adults smoking, it normalizes the behavior, thereby encouraging them to experiment with cigarettes or other tobacco products. Other neighboring cities in the San Gabriel Valley including El Monte and Monterey Park have already made their public parks completely smoke-free. I urge the Rosemead City Council to do the same by passing this ordinance. Your leadership is needed on this important issue to affirm the community's commitment and desire to protect the health and welfare of the citizens of Rosemead. Sincerely, uAk-" JUDY N[. CHU, Ph.D. 49`h Assembly District JMC:rc ~ '.ALLY Printed on Recycled Paper 0 0 X /1000~.~ Los Angeles County Children's Planning Council Improving Children's Li.e SPA C_O_UNCI_L San Gabriel and Pomona Valleys January 30, 2006 Rosemead City Council City of Rosemead City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Council Members, On the behalf of the Los Angeles County, Service Planning Area 3 Council (SPA 3 Council), this letter is to express support for a proposed ordinance to designate all parks in Rosemead as smoke-free. The SPA 3 Council and our umbrella organization, the Los Angeles County Children's Planning Council, work collaboratively with public and private partners to improve outcomes for children and their families throughout the San Gabriel and Pomona area valleys. Currently, California law prohibits smoking within 25 feet of playgrounds and tot lots, as well as disposing of tobacco-related waste in these areas. However, our parks continue to be littered with tobacco refuse, which puts our children and youth at risk. Cigarette butts and empty packages are discarded on the ground putting small children and pets at risk of swallowing, choking, or burning themselves with the refuse. Additionally, children imitate adults. When children see adults smoking in a family-friendly place, they see the behavior as acceptable, influencing them to copy the behavior. We look to the leadership of the Rosemead City Council to protect our children from tobacco trash and second-hand smoke, a known Class A carcinogen. We urge you to join other cities in Los Angeles County that have adopted legislation to make their public parks completely smoke- free. Sinc ely, Dann os, Co-Convener Service Planning Area 3 Council Alan Kurz, Co-convener Service Planning Area 3 Council 9 Los ANGELES COUNTY DNISION BOARD 2005-2006 Yarnon Kailas - Chair City National Bank A.A. Wmd k MA. FAC.C. FACP -Prnldem Cads Medical Canal Thane A Rest. M.D. - Prnldia "ed Kahee Pamr..ma YMSi.n K. AvKK MAD. - harmdWe Put PmAint Pdvm Pncdo Pasr 0. Keay, & In nacho Put Chat Kelly, Lydm A Yam LLP Gragary P. 8rorm Payuan A R"d Matthew 1 Buda" M.% FAC.C. Narhor-UCLA Madlcal Cam. M.nine Cab Brommn Medical Cmtu Fred Chen H~la T 'd nn. Era. %1-1- i Foantar LLP LA Biemadeal Rnaitch InrNub Mary F-Win Co" City Dodan Hospital Eoin Gennim MA- MPH LA. County Dept of Hnlth Serrkae Jahn Hamld M.Q Culan-SM Mioal Cantu Pelsr F. UMMM Kk FACE Daunt GON SCMW of Asedarm at UCLA Sons Liratl Edo Revery Mh saw Dhow swm E Mreuum MCA CushaASe a Wakddd February 2, 2006 Rosemead City Council City of Rosemead City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Dear City Council Members: 10 American #4 Heart Association. Learn and Liver Western States Affiliate Los Angeles County Division 816 Figueroa Street Los Angeles, California 90017-2400 Tel 213.291.7000 Fax 213.291.7004 http://www.americanheart.org On behalf of American Heart Association, I wish to express our enthusiastic support for a curb-to-curb ordinance to designate Rosemead parks as smoke- free. We encourage the Rosemead City Council to do the same in order to affirm the desire of the community for clean, safe, smoke-free parks. In 2002, California passed a law that requires a 25-feet smoke-free zone around playgrounds and sandbox areas in order to protect kids from the harmful effects of secondhand smoke. Unfortunately, the law has not prevented individuals from using the rest of the playground as a personal ashtray, Cigarette butts and empty packages are discarded on the ground putting small children and pets at risk of swallowing, choking, or burning themselves with the refuse. Additionally, children imitate adults. When children see adults smoking in a family-friendly place, they see the behavior as acceptable, influencing them to copy the behavior. West inA"1ft VA Uody. YadDeal Canter in Anpebs VA Secondhand smoke is also dan gerous, especially for children and adults with Peter 0. asthma or other chronic illnesses. It causes an estimated 35,000 to 62,000 r7nlque L 0"aLM.D, deaths annually from cardiovascular disease and another 3 000 deaths from lun LACHHt:CMedralC.Mar oviiiiiiiii. Ma , g cancer. Also, the Environmental Protection Agency estimates that secondhand David d c.Hren sd,aa aMedWne UCLA smoke is responsible for between 150,000 and 300,000 lower respiratory tract Fran1W in AnpNu Cadwty Flra Deparmunt infections in infants and children under 18 months of age annually. J.ry Preetan Dohany Emarpn.. D id We encourage the Rosemead City Council to pass a curb-to-curb smoke-free av Ro sFiri.dalGmW parks ordinance to reduce tobacco trash, protect non-smokers, and set a healthy, G.na sung, M.D. smoke-free exam le for our outh p Usc D.Paaon.d of Mattawan . y D.bn Tri ob Pem.ka Sincerely, Ray WAW. WA- C-ultinq• LLC VM= SWwd V / Clydta Bo ra tar Euawwfi+r. Olrst. Vern Kozlen Chairman of the Board American Heart Association Los Angeles County Division 816 South Figueroa Street Los Angeles, CA 90017 0 0 BREATHE CALIFORNIA of Los Angeles Count l February 8, 2006 Rosemead City Council City of Rosemead City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Dear City Council Members: 5858 Wilshire Blvd. Suite 300 Los Angeles, CA 90036 PH 323.935.8050 F 323.935.1873 www.breathela.org On behalf of Breathe California of Los Angeles County, I wish to express our enthusiastic support for a curb-to-curb ordinance to designate Rosemead parks as smoke- free. We encourage the Rosemead City Council to do the same in order to affirm the desire of the community for clean, safe, smoke-free parks. In 2002, California passed a law that requires a 25-feet smoke-free zone around playgrounds and sandbox areas in order to protect kids from the harmful effects of secondhand smoke. Unfortunately, the law has not prevented individuals from using the rest of the playground as a personal ashtray. Cigarette butts and empty packages are discarded on the ground putting small children and pets at risk of swallowing, choking, or burning themselves with the refuse. Additionally, children imitate adults. When children see adults smoking in a family-friendly place, they see the behavior as acceptable, influencing them to copy the behavior. Secondhand smoke is also dangerous, especially for children and adults with asthma or other chronic illnesses. It causes an estimated 35,000 to 62,000 deaths annually from cardiovascular disease and another 3,000 deaths from lung cancer. Also, the Environmental Protection Agency estimates that secondhand smoke is responsible for between 150,000 and 300,000 lower respiratory tract infections in infants and children under 18 months of age annually. We encourage the Rosemead City Council to pass a curb-to-curb smoke-free parks ordinance to reduce tobacco trash, protect non-smokers, and set a healthy, smoke-free example for our youth. . W J_j Sincerely, Sondra Widland Program Director raiec is 'iii&ArcyE~tf~_6 lr a