Smoking Ordinance
CITY OF BENICIA ORDINANCE NO. 17AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BENICIA AMENDING CHAPTER 9.06 (SMOKING IN ENCLOSED PUBLIC PLACES) TO AMEND THE TITLE TO SMOKING IN PUBLIC PLACES AND TO AMEND SECTION 9.06.110 TO ADD A PROHIBITION ON SMOKING IN PARKS AND RECREATION FACILITIES OF TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE) OF THE BENICIA MUNICIPAL CODE The City Council of the City of Benicia does ordain as follows: Section 1. The City Council finds as follows: A. Smoking within city parks and outdoor recreation spaces poses significant risks to public health, safety, and welfare including, but not limited to, substantially increased fire danger, adverse health effects on members of the public and city staff, increased litter, and threats to wildlife, water quality, and the environment. B. Smoking increases the risk of fire damaging or destroying recreation facilities and wildlands. C. Members of the public and City employees are adversely impacted by second-hand smoke exposure while trying to exercise and enjoy the City’s many outdoor recreation areas and parks. D. In 2006, the California Air Resources Board classified second-hand smoke as a toxic air contaminant. E. In 2009, marijuana smoke was added to the State of California’s list of known human carcinogens. F. Smoking related litter poses a threat to animals, plant life and the environment. G. Under state law, it is illegal to smoke or vape marijuana wherever smoking is prohibited including most workplaces and within 1,000 feet of a school, day care or youth center while children are present. Section 2. The Title of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is renamed to “Smoking in Public Places”.
Section 3. Section 9.06.010 (Definitions) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to delete the following definition: “Electronic cigarette” means any electronic device used for the inhalation of nicotine vapor or other substances, usually a battery powered device that contains liquid nicotine cartridges. Section 4. Section 9.06.010 (Definitions) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to add the following definition: “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Section 5. Section 9.06.010 (Definitions) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to change the definition of “Smoking” as follows: “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. “Plant product” includes items such as tobacco or marijuana and includes both natural and synthetic forms of the product. Section 6. Section 9.06.110 (Prohibition of Smoking in Outdoor Public Places) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to read as follows: 9.06.110 Prohibition of smoking in outdoor public places. A. Smoking is prohibited within 20 feet of all entrance(s), exit(s), open windows, ventilation intake systems and covered entryways of any building that is (A) owned or leased by the city of Benicia and (B) used by the city of Benicia. All city of Benicia buildings will post “No Smoking Within 20 Feet” signs outside of
all entrance(s), exit(s), and ventilation intake systems. B. Smoking is prohibited within city or publicly-owned or controlled parks, recreational trails, or recreational facilities. Section 7. Severability. If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. ***** On motion of Council Member , seconded by Council Member , the foregoing ordinance was introduced at a regular meeting of the City Council on the 7th day of March, 2017, and adopted at a regular meeting of the Council held on the day of , 2017, by the following vote: Ayes: Noes: Absent: __________________________ Elizabeth Patterson, Mayor Attest: ___________________________ Lisa Wolfe, City Clerk ___________________________ Date
Section 3. Section 9.06.010 (Definitions) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to delete the following definition: “Electronic cigarette” means any electronic device used for the inhalation of nicotine vapor or other substances, usually a battery powered device that contains liquid nicotine cartridges. Section 4. Section 9.06.010 (Definitions) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to add the following definition: “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Section 5. Section 9.06.010 (Definitions) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to change the definition of “Smoking” as follows: “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. “Plant product” includes items such as tobacco or marijuana and includes both natural and synthetic forms of the product. Section 6. Section 9.06.110 (Prohibition of Smoking in Outdoor Public Places) of Chapter 9.06 (Smoking in Enclosed Public Places) of Title 9 (Public Peace, Morals, and Welfare) of Title 9 (Public Peace, Morals, and Welfare) of the Benicia Municipal Code is amended to read as follows: 9.06.110 Prohibition of smoking in outdoor public places. A. Smoking is prohibited within 20 feet of all entrance(s), exit(s), open windows, ventilation intake systems and covered entryways of any building that is (A) owned or leased by the city of Benicia and (B) used by the city of Benicia. All city of Benicia buildings will post “No Smoking Within 20 Feet” signs outside of
all entrance(s), exit(s), and ventilation intake systems. B. Smoking is prohibited within city or publicly-owned or controlled parks, recreational trails, or recreational facilities. Section 7. Severability. If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. ***** On motion of Council Member , seconded by Council Member , the foregoing ordinance was introduced at a regular meeting of the City Council on the 7th day of March, 2017, and adopted at a regular meeting of the Council held on the day of , 2017, by the following vote: Ayes: Noes: Absent: __________________________ Elizabeth Patterson, Mayor Attest: ___________________________ Lisa Wolfe, City Clerk ___________________________ Date
