CC - Item 2H - 2nd Reading Smoke Free Parks OrdinanceROSEMEAD 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
■ El Monte
■ Baldwin Park
■ Pasadena
■ Manhattan Beach
■ Los Angeles
■ Beverly Hills
■ 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: rk4f.
• •
City Council Meeting
June 27, 2006
Paqe 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:
Oliver Chi
Director of Administrative Services
Attachment A: Ordinance 2006-01
Attachment B: Support Letters
• •
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
July 11, 2006
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PASSED, APPROVED and ADOPTED by the City Council of the City of
Rosemead on this 11th day of July, 2006.
Mayor, City ?RR2semead
ATTEST:
City Clerk, City of Rosemead
I '.!!iu1' P!!;lls; I_II~!,!i ATTACHMENT B
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MARGARET DONNELLA14 TODD
COIINT'( 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,
Desiree Lee
Community Library Manager
Rosemead Library
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KATHY FURNALD DIANE BLADEN
Superintendent Principal
JanUal-V 17, 2006
Rosemead City Council
City of Rosemead City Hall
8838 E. Valley Blvd.
Rosemead, CA 9 t 770
Dear City Council Members:
ROSEMEAD HIGH SCHOOL
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.
Additionallv, 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
earl: 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 Hio-h School
SINCERITY • HONOR • TOLERANCE • SERVICE
9063 E. Mission Drive • Rosemead, California 91770-4498 • (626) 286-3141 • Fax: (626) 286-6396
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❑ STATE CAPITOL
P
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BOX 942849
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LC3~i4)Ul illt i-1~~~1?
SACRAMENTO. CA 94249-0049
(916) 319.2049
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FAX(916)319-2149
❑ DISTRICT OFFICE
JUDY CHU
1255 CORPORATE CENTER DRIVE
ASSEMBLYMEMBER, FORTY-NINTH DISTRICT
SUITE PH9
MONTEREY PARK, CA 91754
(323) 981.3425
FAX(323)981-3436
March 1, 2006
O 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 wil I 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,
UI
JUDY M. CHU, Ph.D.
49`h Assembly District
JMC:rc
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Los Angeles County
Children's Planning Council
Improving Ch)ldrens Lives
January 30, 2006
Rosemead City Council
City of Rosemead City Hall
8838 E. Valley Blvd.
Rosemead, CA 91770
Dear Council Members,
SPA!
C O U N C I L
San Gabriel and
Pomona Valleys
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,
I
Danny os, Co-Convener
Service Planning Area 3 Council
/alt-
Alan Kurz, Co-convener
Service Planning Area 3 Council
American Heart
Association
Learn and Liver
LOS ANGELES COUNTY DIVISION
Western States Affiliate
BOARD 2005-2006
Los Angeles County Division
816 Figueroa Street
February 2, 2006
Los Angeles, California 90017-2400
Van.. K.,i..-Char
CKyHaD>a
Tel 213.291.7000
Rosemead City Council Fax 213.291.7004
Ashr Kk,.K MD. F.AC.C_ FACP-Pradlrl
Cadan-Sinai Mal" Cenlr
City of Rosemead City Hall http://www.amedcanheart.org
Than. A Preeer, M-D.-Pro"ord+l.ct
3838 E. Valley Blvd.
Naisw Permaan4
Rosemead, CA 91770
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Pater D. Kelly. IF lmmadlaM Pall Chair
Dear City Council Members:
Kelly. Lytt. i VaM L1P
Gregory P. lk-
Payd.nARypd
On behalf of American Heart Association, I wish to express our enthusiastic
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support for a curb-to-curb ordinance to designate Rosemead parks as smoke-
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free. We encourage the Rosemead City Council to do the same in order to affirm
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the desire of the community for clean, safe, smoke-free parks.
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HIM T. Cohn. Esq.
M.rn... & F.-W LLP
In 2002, California passed a law that requires a 25-feet smoke-free zone around
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playgrounds and sandbox areas in order to protect kids from the harmful effects
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Vern Kozlen
Chairman of the Board
American Heart Association
Los Angeles County Division
816 South Figueroa Street
Los Angeles, CA 90017
BREATHE
CALIFORNIA
of Los Angeles County
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 321935.8050
F 323.935.1873
www.breathe la,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.
Sincerely,
3 Sondra Widland
Program Director