No smoking in South San Francisco downtown ordinance becomes effective May 1st

South San Francisco, CA      April 9, 2015        Submitted by SSFPD

The City of South San Francisco has recently amended Chapter 8.50 of the Municipal Code to include the regulation of smoking and the use of electronic cigarettes in specific areas along Grand Avenue. The ordinance was adopted by the City Council on January 28th, 2015 and will be enforced starting May 1st, 2015.

Prior to this amendment, smoking was prohibited inside city buildings, within 20 feet of an entrance or exit to a city building, in city parking lots, parks and recreation areas and in other designated public spaces.

The amendment to the Regulation of Smoking Municipal Code will now prohibit smoking and electronic cigarettes on all outdoor property along Grand Avenue between Spruce Avenue and Airport Boulevard. The area also extends in both directions down Cypress, Linden, Maple and Walnut Avenues where those streets intersect Grand Avenue, up to the beginning of Third Lane and Fourth Lane, respectively. The “No Smoking Zone” signs have already been installed along the affected areas and this information will also be published on the police department’s Facebook and Twitter pages in order to inform as many people as possible of the recent changes. The attached map shows the exact areas where smoking will be prohibited and people who continue to smoke at these locations may be subject to a citation.

ORDINANCE NO. 1496-2015

CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 8.50 OF THE SOUTH

SAN FRANCISCO MUNICIPAL CODE REGARDING THE REGULATION OF SMOKING ON GRAND AVENUE

WHEREAS, according to the Center for Disease Control, scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and

WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke; and

WHEREAS, 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 group A carcinogen, the most dangerous class of carcinogen; and

WHEREAS, the California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant; and

WHEREAS, more than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation’s leading cause of preventable death; and

WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from lung cancer; and

WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke; and

WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and

WHEREAS, with certain exceptions, California Labor Code Section 6404.5 prohibits smoking inside an enclosed place of employment; and

WHEREAS, state law prohibits smoking in playgrounds and tot lots and within twenty feet of the main entrances and exits of public buildings while expressly authorizing local communities to enact additional restrictions; and

WHEREAS, California Health and Safety Code Sections 118910 and 104495(h), Labor Code Section 6404.5(i) and Government Code Section 7597 authorize a local entity to regulate or completely ban the smoking of tobacco;

WHEREAS, the City of South San Francisco (“City”) adopted Ordinance No. 1010-1987 for the purpose of enacting Chapter 8.50, Regulation of Smoking (“Regulation of Smoking Ordinance”); and

WHEREAS, the City has since amended the Regulation of Smoking Ordinance to more effectively regulate smoking and protect public health within the City;   and

WHEREAS, the City desires to further amend the Regulation of Smoking Ordinance in order to further protect the health and welfare of its residents and visitors.

NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows:

SECTION 1.   AMENDMENTS

The City Council hereby amends the following sections of Chapter 8.50 of the South San Francisco Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect.

8.50.30                        Smoking Prohibited

• Enclosed Smoking shall be prohibited in the following enclosed places within the city except as otherwise permitted in Section 8.50.040, and except in such places in which smoking is already prohibited by state or federal law, in which case those laws apply:

• Places of Employment. Smoking is prohibited in all enclosed places of employment, as defined in this chapter and by California Labor Code Section 5, as may be amended.

• Enclosed Common Areas. Smoking is prohibited in all enclosed common areas of multi-unit
• City Buildings. Smoking is prohibited in all enclosed areas of anybuilding or facility owned and occupied or leased and occupied by the
• City-Owned Enclosed Parking Structures. Smoking is prohibited in all city-owned enclosed parking
• City Vehicles. Smoking is prohibited in all city-owned, leased and/or controlled

• Unenclosed Places. Smoking shall be prohibited in the following unenclosed places within the city except in such places in which smoking is already prohibited by state or federal law, in which case those laws apply:
  • Parks and Recreation Areas. Smoking is prohibited in all parks and recreation areas within the city, designated as parks and recreation (PR) on the South San Francisco Zoning

• Outside of City Buildings. Smoking is prohibited within twenty feet of a main exit, entrance or operable window of any facility covered by subsection (a)(3).

• City-Owned Parking Lots. Smoking is prohibited at all city-owned parking

• Downtown Core. Smoking is prohibited on all outdoor property along Grand Avenue between Spruce Avenue and Airport This prohibition extends in both directions down Cypress, Linden, Maple and Walnut Avenues where those streets intersect Grand Avenue, up to the beginning of Third Lane and Fourth Lane, respectively. Such prohibition includes, but is not limited to, sidewalks, benches, walkways, streets, and outdoor eating areas that are situated within the area prohibited by this subsection (b)(4).

• Designated Public Places. Smoking is prohibited in any open-air public places on city-owned property not otherwise covered by this section when designated by the city

8.50.90      Use of electronic smoking devices-Restricted.

• Purpose and Intent. It is the intent of this section to provide individuals with a reasonable degree of protection from involuntary exposure to secondhand electronic smoking device vapor and to limit exposure of minors to an activity that may increase social acceptance of smoking activity by prohibiting smoking in certain specified The compelling purpose and intent of this chapter includes, but is not limited to, generally promoting the health, safety, and welfare of all people in the community against the unknown health and societal effects of the use of electronic smoking devices.

• Definition-Electronic Smoking Device. “Electronic smoking device” means any electronic or battery-operated device or product that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the This term includes every variation and type of such products or devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor pen, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose.

• Use of Electronic Smoking Devices Prohibited. The use of electronic smoking devices is prohibited in the following places within the city:

• City Buildings. The use of electronic smoking devices is prohibited in all enclosed areas of any building or facility owned and occupied or leased and occupied by the

• City-Owned Parking Structures. The use of electronic smoking devices is prohibited in all city-owned parking
• City Vehicles. The use of electronic smoking devices is prohibited in all city-owned, leased and/or controlled
• Parks and Recreation The use of electronic smoking devices is prohibited in all parks and recreation areas within the city, designated as parks and recreation (PR) on the South San Francisco Zoning Map.

• Outside of City The use of electronic smoking devices is prohibited within twenty feet of a main exit, entrance or operable window of any city facility or building covered by subsection (c)(1).

• City-Owned Parking Lots. The use of electronic smoking devices is prohibited at all city-owned parking

• Downtown Core. The use of electronic smoking devices is prohibited on all outdoor property along Grand Avenue between Spruce Avenue and Airport This prohibition extends in both directions down Cypress, Linden, Maple and Walnut Avenues where those streets intersect Grand Avenue, up to the beginning of Third Lane and Fourth Lane, respectively. Such prohibition includes, but is not limited to, sidewalks, benches, walkways, streets, and outdoor eating areas that are situated within the area prohibited by this subsection (b)(4).

• Designated Public Places. The use of electronic smoking devices is prohibited in any open-air public places on city-owned property not otherwise covered by this section when designated by the city

• Unlawful Acts. Itis unlawful for any person to use an electronic smoking device in a place within the city where such use is prohibited by this
• Any violation of this section shall be subject to the same penalties and enforcement as provided in Section 8.50.080.

SECTION 2.   SEVERABILITY

Ifany provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 3.   PUBLICATION AND EFFECTIVE   DATE

Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption.

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Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 14th day of January, 2015.

Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 28th day of January, 2015 by the following vote:

AYES:                                                                                                                                                Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy               Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino                                                

As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 28th day of January, 2015.