CC SR 20190806 C - Drinking Smoking Ordinances01203.0001/541093.4
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/06/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. ___ adding Section
12.16.160 (Possession and Consumption of Alcohol Prohibited) to Chapter 12.16
(Streets, Parks, and Recreational Facilities) to prohibit open containers and
consumption of alcohol in all City facilities; and Adopt Ordinance No. __, amending
Section 8.28.020 (Smoking Prohibited) of Chapter 8.28 (Smoking in Restaurants, Bars
and City Facilities) to eliminate the current language allowing smoking in designated
areas in City facilities and expand the City’s prohibition on smoking to in or within 20
feet of City buildings.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No.____, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ADDING SECTION 12.16.160
(POSSESSION AND CONSUMPTION OF ALCOHOL PROHIBITED) TO
CHAPTER 12.16 (STREETS, PARKS, AND RECREATIONAL FACILITIES)
OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE
MUNICIPAL CODE, TO PROHIBIT OPEN CONTAINERS AND
CONSUMPTION OF ALCOHOL IN ALL CITY FACILITIES
(2) Adopt Ordinance No.____, AN ORDINANCE OF THE CITY COUNCIL 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 20 FEET OF ALL CITY BUILDINGS AND ELIMINATE LANGUATE
ALLOWING SMOKING IN DESIGNATED AREAS IN CITY FACILITIES
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Matt Waters, Senior Administrative Analyst, Recreation and Parks
REVIEWED BY: Cory Linder, Director of Recreation and Parks
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS
A. Ordinance No. ___ Alcohol (page A-1)
B. Ordinance No. ___ Smoking (page B-1)
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The previous staff report, meeting minutes, and public comments on this topic can be
found on the City’s website via the July 16, 2019, City Council Agenda at
http://www.rpvca.gov/772/City-Meeting-Video-and-Agenda
BACKGROUND AND DISCUSSION:
On July 16, 2019, Ordinance No.__ (Attachment A) and Ordinance No.___ (Attachment
B) were introduced by the City Council. Ordinance No.___ adds Section 12.16.160
(Possession and Consumption of Alcohol Prohibited) to Chapter 12.16 (Streets, Parks,
and Recreational Facilities) prohibiting the consumption of alcohol in all City facilities.
Ordinance No.__ amends Section 8.28.020 (Smoking Prohibited) of Chapter 8.28
(Smoking in Restaurants, Bars and City Facilities) eliminating the current language
allowing smoking in designated areas in City facilities and expanding the City’s
prohibition on smoking to “in or within 20 feet of City buildings.”
This evening, both ordinances are presented for second reading and adoption. If
adopted this evening, both ordinances will go into effect on September 6, 2019.
Additional Information
Following City Council direction at the July 16, 2019 meeting, Ordinance No.__ was
revised to clarify that smoking would now be prohibited within 20 feet of all City buildings,
not within 20 feet of all City facilities. City facilities include all City-owned parks, open
space, beaches, and buildings. Smoking is already prohibited at all City facilities.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative s are available for the
City Council’s consideration:
1. Direct Staff to revise Ordinance No. ___ for re-introduction at a future City
Council meeting.
2. Direct Staff to revise Ordinance No. ___ for re-introduction at a future City
Council meeting.
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01203.0001/541094.5
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING
SECTION 12.16.160 (POSSESSION AND CONSUMPTION OF
ALCOHOL PROHIBITED) TO CHAPTER 12.16 (STREETS, PARKS
AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) OF THE MUNICIPAL CODE, TO
PROHIBIT OPEN CONTAINERS AND CONSUMPTION OF ALCOHOL
IN ALL CITY FACILITIES
WHEREAS, the City of Rancho Palos Verdes (“City”), pursua nt to its police
powers 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 streets, parks and public
places, to the extent such regulations are not in conflict with the general laws of the
State of California.
WHEREAS, the California Constitution provides that the State of California shall
have the exclusive right to regulate the possession of alcohol, but does not restrict the
ability of local government to regulate the consumption of alcohol.
WHEREAS, Section 25620 of the Business and Professions Code provides
authority for local governments to regulate the possession of open containers of alcohol
in public places through the enactment of ordinances.
WHEREAS, the City has enacted laws within Municipal Code Chapter 12.16
(Streets, Parks and Recreational Facilities) regarding permissible and impermissible
activities in City streets, parks and recreational facilities.
WHEREAS, on March 7, 2017, the City Council directed staff to research current
City regulations regarding the possession and consumption of alcohol in City facilities
including parks, beaches, and open space areas.
WHEREAS, on May 1, 2018, City staff made a presentation to the City Council,
which noted that there is currently no City ordinance restricting or prohibiting the
possession of open containers of alcohol in City parks, beaches, and open space areas
and the City Council directed staff to return with an ordinance addressing possession
and consumption of alcohol in public areas.
WHEREAS, the possession or consumption of alcohol in City facilities, including
parks, beaches or open space areas, without a permit, is not compatible with typical
usage at those locations.
WHEREAS, the consumption of alcohol upon any public street, sidewalk, alley, or
other public place, without a permit, is not compatible with typical usage at those
locations.
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Page 2 of 4
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.
Section 2. Section 12.16.160 (Possession and Consumption of Alcohol
Prohibited) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets,
Sidewalks and Public Places) is hereby added as follows:
“Section 12.16.160 – Possession and Consumption of Alcohol Prohibited.
A. No person shall consume any alcoholic beverage at any time in any City facility.
This section shall not apply where the consumption is within the premises for
which a permit has been issued by the City Manager.
B. No person shall consume any alcoholic beverage upon any public street,
sidewalk, alley, or in any public place, place open to the public, public building,
public restroom, or public parking structure or lot, except where permitted by
license from the State or pursuant to a temporary permit issued by the City. The
provisions of this section shall apply to any person whether on foot, in a vehicle,
or otherwise.
C. No person shall possess any bottle, can, or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken, or the contents of
which have been partially removed, at any time in any City facility. This section
shall not apply where the possession is within the premises for which a permit
has been issued by the City Manager.
D. Violations of this section shall be punishable pursuant to Chapters 1.08 and 1.16
of this Code. Violations of Subsection (C) may only be charged as infractions.
E. For the purposes of this section, the following definitions apply:
“Alcoholic beverage” means and includes alcohol, spirits, liquor, wine, beer, and
every liquid or solid containing alcohol, spirits, wine, or beer, and which contains
one-half (1/2) of one percent (1%) or more of alcohol by volume and which is fit
for beverage purposes either alone or when diluted, mixed, or combined with
other substances.
“City facility” shall mean any structure, lot or parcel that is owned, leased or
operated by the City of Rancho Palos Verdes, including, without limitation, any
park, trail, beach, recreation or open space area.”
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Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 4. Certification and Posting. 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 ___ day of ________________ 2019.
Jerry V. Duhovic, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
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01203.0001/541094.5 Ordinance No.
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I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. ___ was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on _______________, 2019, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Emily Colborn, City Clerk
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01203.0001/541096.4 1
ORDINANCE NO. ___
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 FACILITIES
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.
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01203.0001/541096.4 2
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.
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 facility, except within a
designated smoking area;”
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 ___day of __________________,
2019.
Jerry V. Duhovic, Mayor
Attest:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
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01203.0001/541096.4 3
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No.___ was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on _________________, 2019, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN: __________________________
Emily Colborn, City Clerk
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