HomeMy WebLinkAboutOrdinance 325 Amending Chapter 11 of the City Code (1)ORDINANCE NO. 325
AN ORDINANCE AMENDING CHAPTER 11
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City Code of the City of Saratoga prohibits smoking and the use of tobacco products in
City parks. This applies to electronic cigarettes as well as flavored tobacco and the City
Council wishes to ensure that these limitations are clearly understood.
2. Electronic cigarettes are often known as "e -cigarettes" or "electronic smoking devices" and
are battery operated devices that do not contain tobacco, that are generally designed to
resemble traditional cigarettes and used to deliver nicotine, flavor, and/or other substances
through a vapor inhaled by the user.
3. There is currently minimal federal or state regulation or control of the use and content of
electronic smoking devices and there are health concerns regarding the use of electronic
smoking devices, which deliver an unknown mix of potentially harmful compounds.
4. Electronic smoking devices often mimic conventional tobacco products in shape, size, and
color, with the user exhaling a smoke -like vapor similar in appearance to the exhaled smoke
from cigarettes and other conventional tobacco products such that the use of electronic
smoking devices in locations where the use of other types of cigarettes, pipes, and cigars are
prohibited may cause confusion and uncertainty and make the enforcement of bans on
smoking more difficult.
5. The City Council also wishes to confirm and clarify that flavored tobacco is included among
the types of tobacco products the use of which is prohibited in City parks.
6. The City Council of the City of Saratoga held a duly noticed public hearing on February 18,
2015, and after considering all testimony and written materials provided in connection with
that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Section 11-15.010 of the Saratoga City Code is amended as set forth below. Text to be added is
indicated in bold double -underlined font (e.g., bold double -underlined) and text to be deleted is
indicated in strikeout font (e.g., Wit). Text in standard font is readopted by this ordinance.
11-15.010 - Definitions.
The following words and phrases, whenever used in this Article shall have the meanings defined
in this Section unless the context clearly requires otherwise:
(a) Parking area means a parking lot or any other area designated or primarily used for
parking vehicles of persons accessing a recreational area.
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(b) Person means any natural person, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity except the City
of Saratoga.
(c) Recreational area means any outdoor area that is publicly owned and open to the general
public for recreational purposes, regardless of any fee or age requirement. The term
"recreational area" includes, but is not limited to, parks, picnic areas, playgrounds, sports
fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding
trails, swimming pools, roller- and ice-skating rinks, and skateboard parks.
(d) Smoke means the gases, particles, or vapors released into the air as a result of combustion,
electrical ignition or vaporization, when the apparent or usual purpose of the combustion,
electrical ignition or vaporization is human inhalation of the byproducts, except when the
combusting or vaporizing material contains no tobacco or nicotine and the purpose of
inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke"
includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana
smoke.
(e) Smoking means engaging in an act that generates smoke, such as for example: possessing a
lighted pipe, lighted hookah pipe, an operating electronic cigarette smoking device, a
lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar,
hookah pipe, or cigarette of any kind.
(f) Tobacco product means any substance containing tobacco leaf, including, but not limited
to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping
tobacco, snus, bidis, or any other preparation of tobacco (such as flavored tobacco); and
any product or formulation of matter containing biologically active amounts of nicotine that
is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the
product or matter will be introduced into the human body, but does not include any
cessation product specifically approved by the United States Food and Drug Administration
for use in treating nicotine or tobacco dependence.
(g) Electronic smoking device means an electronic and/or battery-operated device the use
of which may resemble smoking, which can be used to deliver an inhales' dose of
vapors including nicotine or other substances. Electronic smoking device includes any
Such device, whether it is manufactured, distributed, marketed or sold as an
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic
hookah, electronic vape, vaporize or any other product name or description.
Electronic smoking device does not include any product specifically approved by the
United States Food and Drug Administration for use in the mitigation, treatment or
prevention of diseases.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub -section,
paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section,
paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
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Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would have
a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 4th day of March 2015 and was
adopted by the following vote on March 18, 2015.
COUNCIL MEMBERS:
AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member
Emily Lo, Mary -Lynne Bernald, Rishi Kumar
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
GNED:
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
thOt DATE: 3//2 cc7[7.-=> t
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
DATE:
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