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    20.    
City Council Regular
Meeting Date: 02/27/2018  

SUBJECT:
UPDATES TO MUNICIPAL CODE REGARDING SMOKE POLLUTION
RECOMMENDATION:
Introduce an Ordinance entitled:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 12 (STREETS, SIDEWALKS, AND PUBLIC SPACES) TO AMEND SECTION 12.32.120 (SMOKING IN CITY-OWNED OPEN SPACE) AND ADDING SECTION 12.40.380 (SMOKING PROHIBITION) TO CHAPTER 12.40 (PARKS AND RECREATION FACILITIES)
BACKGROUND/ANALYSIS:

Currently, the Chino Hills Municipal Code (CHMC) prohibits smoking tobacco products in City-owned open space but does not expressly address electronic devices or marijuana usage.  Chapter 12.32.120 (City-Owned Open Space Use Regulations) formerly 4.07.030 (Smoking) states, "It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.36.010 et seq. of this Code, for any person to light, ignite, or otherwise set fire to or smoke tobacco, cigarettes, pipes, or cigars in a City-owned open space." Also, the CHMC does not prohibit smoking of any kind in City parks or facility outside areas. CHMC Chapter 12.40 (Parks and Recreational Facilities) formerly Chapter 13.02 (Operational Policies).

Staff presented a report to the Parks and Recreation Commission to update the City Municipal Code to prohibit electronic devices and vaping in the City's open space areas, and to add Section 12.40.380 to prohibit smoke pollution in all City parks, recreation facilities and open space with the exception of certain outside areas at the Chino Hills Community Center and the McCoy Equestrian and Recreation Center, designated by the City Manager for special events.  For large events that occur at each facility, such as weddings and anniversaries that sometimes extend six hours or longer, staff recommended that a designated area be created to accommodate the smoking of tobacco products only.

Staff defines the area of a City park or facility as the entire campus including, but not limited to, outdoor and indoor areas, playgrounds, gazebos, parking lots, walkways, and easements.  At its November 15, 2017, meeting, the Parks and Recreation Commission reviewed the matter and unanimously (Chair Hamamoto was absent) recommended that the City Council approve the Municipal Code amendment.

ENVIRONMENTAL (CEQA) REVIEW:

This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code Regulations §§ 15000, et seq.) because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378 (b)(4-5)).

 

FISCAL IMPACT:

There is no impact on the General Fund with this item except that it may result in additional enforcement costs that are difficult to predict.

Attachments
Ordinance

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