ORDINANCE AMENDING HERMOSA BEACH MUNICIPAL CODE SECTION 8.40.020(A) REGARDING SMOKING REGULATIONS TO CLARIFY THE CITY'S CONFORMANCE WITH STATE LAW

Recommendation:

It is recommended that the City Council introduce and waive further reading of the attached draft ordinance which amends the Municipal Code smoking regulations to clarify that the City Council may not exempt areas which the statewide standards declare to be smoke-free.

Background:

The City's smoking regulations (which address only city-owned property) are contained in Chapter 8.40 of the Municipal Code. The City Attorney's office recently reviewed the City's regulations for consistency with state law. It was the opinion of the City Attorney's office that the current wording of Municipal Code Section 8.40.020(A), which "allows smoking in the atrium area of city hall and in any other area exempted by the council," requires a slight modification to ensure that the provision is not less stringent than the statewide standards. The attached draft ordinance accomplishes that by adding the phrase "to the extent consistent with California Labor Code Section 6404.5(d)" to the above-noted Municiipal Code section pertaining to exemptions, as recommended by the City Attorney's office.

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ORDINANCE NO. 98-

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.

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