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HomeMy WebLinkAboutOrdinance 652 Chapter 9-24 Smoking Ordinance Amendment_2nd ReadingORDINANCE NO. 652 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AMENDING SECTION 9.24.080(B) OF THE MORRO BAY MUNICIPAL CODE TO ALLOW FOR THE PLACEMENT OF RECEPTACLES FOR SMOKING WASTE BY THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay ("City") is empowered to enact legislation to protect the health, safety, and welfare of the public .and WHEREAS, secondhand smoke has been shown to be extremely hazardous to the health and safety of those who are exposed to it; and WHEREAS, the City's existing secondhand smoke regulations focus on limiting or eliminating secondhand smoke in public areas, and WHEREAS, current Morro Bay Municipal Code ("MBMC")_section 9.24.040 provides that smoking is prohibited throughout the city, including ' all public areas" and "places of hotels businesses, restaurants bars and other public accommodations," and as such prohibits smoking along the Embarcadero and WHEREAS, despite this prohibition, the City experiences smoking waste and cigarette butt littering in public spaces, which conflicts with the stated City goal in MBMC section 9.24.010(C) of a cleaner and more hygienic environment for the city, its residents, and its natural resources"; and WHEREAS, an intent of this ordinance amendment is to balance the City's need to address smoking waste and cigarette butt litter in certain areas of the City, while simultaneously maintaining the City's commitment to "protect the public health, safety and general welfare by prohibiting smoking in certain public places under circumstances where other persons will be exposed to secondhand smoke" (MBMC section 9.24 010(B); and WHEREAS, current MBMC section 9 24.080(B) prohibits the placement of smoking waste receptacles in public spaces where smoking is prohibited, and WHEREAS, the regulations in MBMC Chapter 9.24 (Secondhand Smoking Regulations) have not completely eliminated the risks posed by secondhand smoke to the community nor have they prevented litter caused by smoking waste; and WHEREAS, the City desires to amend its regulations to allow for participation in a pilot project with County of San Luis Obispo Tobacco Control to measure smoking waste receptacle usage along the Embarcadero and to address ongoing smoking waste litter, and WHEREAS, the City desires to use information from this pilot project to more effectively protect the community from the harmful effects of secondhand smoking. 01181.0001/787432.1 Ordinance No. 652 Page 1 of 4 N OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FINDS AND ORDAINS AS FOLLOWS: S ECTION 1. RECITALS. The City Council hereby finds that the recitals set forth above are all true and correct and are incorporated herein by this reference. S ECTION 2. CODE AMENDMENT. Section 9.24.080(B) of the Morro Bay Municipal Code is hereby amended to read as follows (new text in bold italics, removed text in ctrikethrough): "9.24.080 — Allowing, aiding, or abetting smoking. B. No person, employer, business, landlord or nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law, provided however, that; with the following exceptions: i A receptacle may be placed at the entry to a nonsmoking area, along with a "No Smoking" sign, in order to encourage any smokers in violation of this chapter to immediately extinguish and properly dispose of smoking materials. it A receptacle may be placed by the city within the public right-of-way with the authorization of the Public Works Director, consistent with an intent of this chapter to "ensure a cleaner and more hygienic environment," although the presence of such receptacles shall not be a defense to a charge of smoking in violation of any provision of this chapter." S ECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. S ECTION 4. EFFECTIVE DATE This ordinance shall be in full force and effect thirty (30) days after its passage. // // // // // // 01181.0001/787432.1 Ordmance No. 652 Page 2 of 4 SECTION 5. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law. INTRODUCED at a regular meeting of the City Council held on the 10th day of May 2022, by motion of Council Member Addis and seconded by Mayor Headding. PASSED AND ADOPTED on the 24th day of May, 2022, by the following vote: AYES. Headding, Addis, Barton, Heller NOES: None ABSENT: None RECUSED: Ford ATTEST: ANA SWANSON, City Clerk APPROVED AS TO FORM: akin's Nev-64- 174 11-6R CHRIS F. NEUMEYER, City Attorriey 01181.0001/787432.1 JOHN H • DAllay& Ordinance No. 652 Page 3 of 4 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO CITY OF MORRO BAY I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that the foregoing Ordinance No. 652 was duly passed and adopted by the City Council of the City of Morro Bay at the regular meeting thereof, held on the 24th day of May 2022, by the following vote: AYES. Headding, Addis, Barton, Heller NOES. None ABSENT: None RECUSED: Ford IN WITNESS WHEREOF I have hereunto my hand and affixed the official seal of the City of Morro Bay, California, this day of 01181.0001/787432.1 llt :A IA SWANSON, City Clerk 2022. Ordinance No. 652 Page 4 of 4