HomeMy WebLinkAboutOrdinance #3656 ORDINANCE NO. 3656
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 13.08 OF THE HUNTINGTON BEACH MUNICIPAL
CODE PERTAINING TO BEACH REGULATIONS AND SMOKING ON THE BEACH
The Council of the City of Huntington Beach does ordain as follows:
SECTION 1. FINDINGS. The City Council of the City of Huntington Beach hereby
finds that:
(a) Smoking on beaches endangers both children and adults by exposing them to
second-hand smoke and is especially hazardous to particular groups including those with chronic
health problems and the elderly.
(b) Cigarettes are the most common litter on California's beaches and cigarette butts
wash into the ocean where they pollute water and are ingested by ocean mammals.
(c) Cigarette and cigar butts and used matches dropped onto the ground in public
spaces degrade the aesthetic quality of those spaces.
(d) Cigarette and cigar butts and used matches dropped into the sand on the beach are
particularly dangerous because young children play in the sand and may ingest them.
(e) Smoking in waiting areas for public services endangers the health of those who
use the waiting area to obtain the services.
(f) Smoking near entrances and exits to public facilities endangers the health of those
who use and work within the facilities.
(g) Children and youth who observe smoking in public places may model the
behavior.
(h) Banning smoking on the beach, on the Pier, Pier Plaza, within waiting areas for
public services and within 20 feet of entrances and exists to public buildings is necessary to
protect the public health, safety and welfare of the City of Huntington Beach residents, workers
and visitors.
(i) The cities of Laguna Beach, San Clemente, Santa Monica and Solana Beach have
moved to ban smoking on beaches.
SECTION 2. That Section 13.08.005 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
04ord/chap 13-08/6/9/04 1
Ordinance No. 3656
(k) Smoke or smoking means the carrying or holding of a lighted pipe, cigar, cigarette, or
any other lighted smoking product or equipment used to burn any tobacco products,
weed,plant, or any other combustible substance. Smoking includes emitting or exhaling
the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for
burning any tobacco product, weed,plant, or any other combustible substance.
SECTION 3. That Chapter 13.08 of the Huntington Beach Municipal Code is hereby
amended to add Section 13.08.115, said section read as follows:
13.08.115 Smoking boundaries. No person shall smoke on the Beach, Pier or Pier Plaza unless
the Director has designated a specific signed smoking area.
SECTION 4. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of July , 2004.
r
ATTEST:
APPROVED AS TO FORM:
City Clerk
t
Ci y Attorney
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
! Cit Administrator _
410 Citf Attorney
04ord/chap 13-08/6/7/04 2
Ord. No. 3656
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly appointed, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 21st day of June, 2004, and was again read to said City
Council at a regular meeting thereof held on the 6th day of July,2004, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Sullivan, Coerper,Hardy, Green, Boardman
NOES: Cook
ABSENT: Houchen
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on July 15,2004.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk ity Clerk and ex-offs o Clerk
Deputy city Clerk of the City Council of the City
of Huntington Beach, California