ORD 626 ORDINANCE NO. 626
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 8.28.020 (SMOKING PROHIBITED) OF
CHAPTER 8.28 (SMOKING IN RESTAURANTS, BARS AND CITY
FACILITIES) OF TITLE 8 (HEALTH AND SAFETY) OF THE
MUNICIPAL CODE, TO PROHIBIT SMOKING IN OR WITHIN
TWENTY FEET OF ALL CITY BUILDINGS
WHEREAS, the City of Rancho Palos Verdes ("City"), pursuant to its police power under
Article XI, section 7 of the California Constitution, has the authority to make and enforce
ordinances to regulate the use of the City's facilities and public spaces, to the extent such
regulations are not in conflict with the general laws of the State of California.
WHEREAS, since 1992, the United States Environmental Protection Agency ("EPA") has
found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a
Class A carcinogen.
WHEREAS, according to the EPA and the United States Surgeon General ("Surgeon
General"), there is no safe level of exposure to secondhand smoke.
WHEREAS, several reliable studies, including a 2006 report by the Surgeon General
entitled "The Health Consequences of Involuntary Exposure to Tobacco Smoke," have shown that
secondhand smoke is a significant health hazard.
WHEREAS, the California Air Resources Board has determined that secondhand smoke is
a toxic air contaminant, finding that exposure to second-hand smoke has serious health effects
including asthma in children and adults.
WHEREAS, Section 8.28.020 (Smoking Prohibited) of Chapter 8.28 (Smoking in
Restaurants, Bars and City Facilities) of Title 8 (Health and Safety) of the City's Municipal Code
prohibits smoking in City facilities except in designated smoking areas.
WHEREAS, to protect and promote the public health and safety of the City's residents and
visitors, the City Council has determined that it is necessary to eliminate the "designated smoking
area" exception to the prohibition on smoking in City facilities.
WHEREAS, Government Code section 7597 prohibits smoking inside a public building or
within twenty feet of a main exit, entrance, or operable window of a public building.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals in this Ordinance are true and
correct, and incorporated by reference.
01203.0001/541096.4
Ordinance No. 626
Page 1 of 2
Section 2. Subsection (C) of Section 8.28.020 (Smoking Prohibited) of Chapter
8.28 (Smoking in Restaurants, Bars and City Facilities) of Title 8 (Health and Safety) of the Rancho
Palos Verdes Municipal Code is hereby amended to read as follows:
"C. In or within twenty feet of every city building
Section 3. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final action
in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force
and effect.
Section 4. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the provisions
of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting, to be entered in the Book of Ordinances of the Council of this City.
Section 5. This Ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this 6th day of August 2019.
Mayor
Attest: \j,,1"
dal
4ipmg
mis`ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 626
passed first reading on July, 16 2019, was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on August 6, 2019, and that the same was passed and
adopted by the following roll call vote:
AYES: Brooks, Cruikshank and Dyda
NOES: None
ABSENT: Alegria and Mayor Duhovic
ABSTAIN: None
it •lerk
01203.0001/541096.4
Ordinance No. 626
Page 2 of 2
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on August 7, 2019, she caused to be posted the following document
entitled: ORDINANCE NO. 626, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTION 8.28.020 (SMOKING PROHIBITED) OF
CHAPTER 8.28 (SMOKING IN RESTAURANTS, BARS AND CITY FACILITIES)
OF TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE, TO PROHIBIT
SMOKING IN OR WITHIN TWENTY FEET OF ALL CITY BUILDINGS, copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
111 .
it Clerk