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Item 4E - Ordinance No. 958 - Second Reading - Amendment to Municipal Code 12.44.050 Prohibition of Smoking in Public Parks 4cIIROSEMEAD CITY COUNCIL STAFF REPORT io �a�9 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: October 27, 2015 A SUBJECT: ORDINANCE NO. 958-SECOND READING -AMENDMENT TO MUNICIPAL CODE 12.44.050 PROHIBITION OF SMOKING IN PUBLIC PARKS SUMMARY On October 13, 2015, the City Council introduced, on first reading, Ordinance No. 958, amending Section A of Chapter 12.44.050 relating to the prohibition of smoking in public parks. Ordinance No. 958 expands the prohibition against smoking in city parks, on playgrounds, and at recreation centers to include marijuana or other substances and vaping. Staff Recommendation: It is recommended that the City Council adopt on second reading Ordinance No. 958 amending Rosemead Municipal Code Chapter 1244.050 Section A regarding the Prohibition of Smoking in Public Parks. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Su e• y: /0 / . arol Cow ey Interim City Clerk Attachment: Ordinance No. 958 ITEM NO. 4.E 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; and WHEREAS, Chapter 12.33.050, Section A shall be amended to read as follows: "A. It is unlawful for any person to carry, hold, or possess a 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 related waste, or to use a personalized vaporizer, vapor product, or e-cigarette as defined in the California Health and Safety Code Section 119405(b)and as that Section may be later amended in or upon any city park, playground, or recreation center." NOW, THEREFORE, the City Council of the City of Rosemead does hereby amend Chapter 12.44.050, Section A of the Rosemead Municipal Code as herein stated above. PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL THIS 27th DAY OF OCTOBER, 2015. Margaret Clark, Mayor City of Rosemead ATTEST: Carol Cowley, City Clerk City of Rosemead, California APPROVED AS TO FORM: Rachel H. Richman, City Attorney Burke, Williams & Sorenson, LLP