ORDINANCE NO. 98-1175 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES ."

Submitted for adoption and waiver of full reading is Ordinance No. 98-1175 , relating to the above subject.

At the meeting of December 9, 1997, this ordinance was presented to Council for consideration and was introduced by the following vote:

AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz

NOES: None

ABSENT: Mayor Edgerton

ABSTAIN: None

ORDINANCE NO. 98- 1175

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1 . Section 8.40.020 of Chapter 8.40 of Title 8 of the Hermosa Beach Municipal Code is amended to read as follows

"Smoking shall be prohibited in all city-owned buildings and property described below:

"A. All city-owned buildings including city hall, police headquarters, fire station, community center, city yard, Clark stadium building, the old South School Park buildings, Base III at 1035 Valley Drive, and any other such building/enclosed facility as the city may acquire, excepting therefrom, to the extent consistent with California Labor Code Section 6404.5(d), the atrium area of city hall and any other area exempted by minute action of the city council regardless of where said building/facility is specifically listed above;

"B. All city-owned vehicles."

SECTION 2 . If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof even if one or more section, subsection, sentence, clause, phrase, part or portion thereof is declared invalid or unconstitutional.

SECTION 3 . This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

SECTION 4 . Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law.

SECTION 4 . The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of the City, and shall make minutes of the proceedings of the City Council at which the same is passed and adopted.

PASSED , APPROVED and ADOPTED this 13th day of January, 1998 by the following vote:

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