CC - Item 6C - Amendments to Municipal Code 12.44.050 - Prohibition of Smoking in Public Parks s E M c
ROSEMEAD CITY COUNCIL
K ,iv ic F.R.;� STAFF REPORT
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
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FROM: JEFF ALLRED, CITY MANAGER 4j))
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DATE: October 13, 2015
SUBJECT: AMENDMENTS TO MUNICIPAL CODE 12.44.050 PROHIBITION OF
SMOKING IN PUBLIC PARKS
SUMMARY
The City Council will consider amendments to Chapter 12.44.050 of the Municipal Code to
expand the prohibition against smoking on city parks, playgrounds, and at recreation centers to
include marijuana or other substances and vaping. The changes to the code come at the
request of Los Angeles County Sheriff's Department personnel as prohibitions against
marijuana and vaping do not currently exist and limit their enforcement capabilities.
Staff Recommendation:
It is recommended that the City Council introduce Ordinance No. 958 amending Rosemead
Municipal Code Chapter 12.44.050 regarding the Prohibition of Smoking in Public Parks.
ANALYSIS
Rosemead Municipal Code Chapter 12.44.050 (Prohibition of Smoking in Public Parks) currently
prohibits only the use of lighted tobacco products. As a result, there exists no limitations to the
use of marijuana or other harmful plant materials that may be used by smokers. Further, the
municipal code does not address the more recent phenomenon of vaping. As a result, Los
Angeles County Sheriff and Public Safety personnel cannot prohibit the use of marijuana or
personal vaporization devices or e-cigarettes (some of which are used to inhale oils made from
marijuana or other harmful and or illegal plants).
Proposed changes to Municipal Code Chapter 12.44.050 expand current smoking prohibitions
to include "a lighted pipe, cigar, hookah pipe, or cigarette of any kind" as well as the use of "a
personalized vaporizer, vapor product, or e-cigarette." These changes will provide public safety
personnel the needed enforcement tools to ensure a safe and healthy environment at city parks,
playgrounds, and recreation centers and may deter use among minors.
Legal Review
The City Attorney has reviewed and contributed to the development of proposed Ordinance No.
958.
Attachment: Ordinance No. 958
ITEM NO. 6.0
APPROVED FOR CITY COUNCIL AGENDA:__ _. ''
ORDINANCE NO. 958
AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD AMENDING CHAPTER
12.44.050 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO PROHIBITION
OF SMOKING ON PUBLIC PARKS
WHEREAS, Chapter 12.44.050 of the City of Rosemead Municipal Code provides
for the Prohibition of Smoking on Public Parks; and
WHEREAS, the City Council desires to expand the scope of the prohibition to
include other plants in addition to tobacco;
NOW, THEREFORE, Chapter 12.44.050 of the Rosemead Municipal Code is
hereby amended to read as stated in Attachment A, attached hereto and by this reference
incorporated herein.
PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL
THIS 13th DAY OF OCTOBER, 2015.
William Alarcon, Mayor
City of Rosemead, California
ATTEST:
Carol Crowley, City Clerk
City of Rosemead, California
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams & Sorenson, LLP
ATTACHMENT A
Chapter 12.44-PARK AND RECREATION AREAS
12.44.050-Prohibition of smoking in public parks.
A. It is unlawful for any person to carry.hold, or possess a :. • :. : . ... . . . ... •
including-gutnot-limited4o e:gnrs-and ci: ttcs lighted pipe. cigar.hookah pipe,or cigarette of any kind,
to dispose of lighted or unlighted cigars or cigarettes or cigarette butts,or any other tobacco related waste,
or to use a personalized vaporizer, vapor product.or e-cigarette as defined in the California Health and
Safety Code Section 119405(bl and as that Section may he later amended 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 subsection A or B of this section shall be punishable as an infraction by a fine not
exceeding one hundred dollars ($100.00)for a first violation; a fine not exceeding two hundred dollars
(5200.00)for a second violation;and a fine not exceeding five hundred dollars (5500.00)for each additional
violation thereafter.
(Ord. 845 • I.2006)