ORDINANCE NO 2007
002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH
PROHIBITING SMOKING IN VARIOUS LOCATIONS WITHIN THE CITY
WHEREAS the City Council of the City of Pismo Beach finds that cigarette cigar and
hand smoke associated therewith is detrimental to human
pipe smoking and the second
and
health
WHEREAS
on
City
the
disposal
of
cigarette
butts and other materials associated with
beaches and other locations within the
conditions
as
well
to
as
NOW THEREFORE the
possible
City
leads to
unsightly
and
smoking
unsanitary
hazards to marine life and birds
City Council
of the
City of
Pismo Beach does ordain
as
follows
SECTION 1
Anew
Chapter
14 is added to the Pismo Beach
8
Municipal
Code to read
as
follows
CHAPTER 8
14 SMOKING IN PUBLIC PLACES
14Definitions
8
010
For the purpose of this chapter certain words and phrases shall be construed as set
forth in this section unless it is apparent from the context that a different meaning is
intended
A Public
parks
fields parks
B Smoke
means
established
and includes all dedicated
by adverse
uses
and
parks
on
parks beaches sporting
leased property
Smoking means the carrying or holding of a lighted pipe cigar
cigarette or any other lighted smoking product or equipment used to burn any
tobacco products weed plant or any other combustible substance
Smoking
includes emitting or exhaling the fumes of any pipe cigar cigarette or any other
lighted smoking equipment used for burning any tobacco product weed plant or
or
any other combustible substance
14
8
020
prohibited
Smoking
a Except
for
ceremonial religious
1 To smoke in any
educational purposes it is unlawful
public park
2 To smoke within
Ordinance 002
2007
0
or
five 25 feet of any playground
twenty
lot sandbox
or tot
Page
1
area
3 To
pursuant to Health
Safety Code 104495
of
dispose
cigarette butts cigar butts or any
within
other tobacco
related waste
Health
lot sandbox area pursuant to
twenty 25 feet of a playground or a tot
five
Code
in
104495 except
any specifically designated smoking
Safety
waste
receptacle
This
b
section
shall
not
apply
to smoke
generated by portable
fixed
or
barbeques
c
A violation of this
chapter
is an infraction
d Punishment under this section shall not preclude punishment pursuant to
Health
Safety Code Section 13002 Penal Code Section 374
4 or any other
law proscribing the act of littering Nothing in this section shall preclude any
person from
law
any other
seeking
remedies penalties
or
procedures provided by
SECTION 2
Section 12
050 of the Pismo Beach
20
through
the addition of the underlined
050 Beach safety
20
12
Municipal
Code is
hereby
amended
as
follows
language
Prohibited actions
zone
It is unlawful
A To ride
entirely
or
or
to
partially
substance within
B To
any surfboards
of wood metal
use
one
paddleboards or any similar objects made
glass hard plastics or any other hard
hundred feet of the
pier
similar object within the entire beach
any surfboard paddleboard
safety area in a manner that constitutes a hazard to any other person near or in
the immediate vicinity of the person using said object
use
or
C To swim within one hundred feet of the pier
D To launch or operate jet skis within five hundred
tideline
beach
or
within
safety
E To fail
kelp
of the
area
or
beds and sensitive wildlife
areas
the low
within the
mean
designated
city limits
refuse to
direction
yards from
any reasonable command order instruction
officer fire safety personnel or lifeguard given
obey
of any police
connection with or with reference to any use operation
of any board surfboard paddleboard jet ski etc
manipulation
or
or
in
handling
F
Except for smoke generated by portable barbecues as authorized in Section
060 and except for ceremonial religious or educational purposes to
20
12
smoke within
subsection
cigarette
the
boundaries
of the
beach
to smoke means the carrying
or anv
or
other lighted smoking product
safety
zone
holding of
or
a
As
used
in
lighted pipe
this
cigar
equipment used to burn
anv
tobacco products weed plant or anv other combustible substance
Actions
this
subsection
include emitting or exhaling the fumes of anv pipe
prohibited by
Ordinance 002
2007
0
Page 2
this subsection is
G
an
infraction
To dispose of cigarette butts cigar butts
in the beach safety
zone
except in
anv
or
related waste
any other smoking
specifically desionated smokino waste
receptacle
SECTION 3
Anew Section 12
175 is
20
read
as
hereby
added to the Pismo Beach
Municipal
Code to
follows
175 Pier
20
12
Prohibited actions
a Except
for
ceremonial religious or educational
on the City Pier or on the Pier
smoke at any location
Pier
purposes it is unlawful to
Promenade adjacent to the
b As used in this subsection to smoke means the carrying or holding of a
lighted pipe cigar cigarette or any other lighted smoking product or equipment
used to burn
any tobacco
substance Actions
products weed plant
prohibited by
or
this subsection include
any other combustible
emitting or exhaling the
fumes of any pipe cigar cigarette or any other lighted
smoking equipment used
for burning any tobacco product weed plant or any other combustible
substance
cA
violation of this section is
an
infraction
SECTION 4
This ordinance shall not be
provisions
of state
law including
in any manner to conflict with controlling
limitation the Constitution of the State of
interpreted
without
If any section subsection or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid the validity of the remaining sections subsections
California
and clauses shall not be affected thereby If this ordinance or any section subsection
or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a
particular appeal the validity of this ordinance and its sections subsections and clauses
in
regards to
other contracts shall not be affected
SECTION 5
This ordinance shall become effective on the thirtieth
adoption
day following passage and
hereof
Ordinance 002
2007
0
Page 3
SECTION 6
The
enter the
Clerk shall
City
certify to the passage and adoption of this Ordinance shall
original ordinances of the City and shall make a minute of
in the book of
same
the passage and adoption thereof in the records of the meeting at which the same is
Before the expiration of 15 days after the passage of this
passed and adopted
the
Ordinance
within the
City
S Post
U
Clerk shall cause the same to be posted in three public places
of Pismo Beach to wit 1 City Hall 760 Mattie Road Pismo Beach 2
City
Office
Shell Beach
Road
Pismo
Beach 3
S Post
U
Office
Crest
Drive
Pismo Beach
h day of March
regular meeting of the City Council held this 6
Pro
Tem
seconded
by Councilmember
Mayor
Higginbotham
roll
call
wit
following
vote to
INTRODUCED at
2007
Vardas
on
motion
and
on
AYES
4
NOES
0
ABSENT
1
ABSTAIN
0
the
a
of
Councilmembers
Higginbotham Vardas Ehring
Reiss
Councilmember Rabenaldt
ATTEST
Ordinance 002
2007
0
APPROVED
Page
4
SECOND READING at
March 2007
on
Rabenaldt and
AYES
4
NOES
0
ABSENT
1
ABSTAIN
0
motion
on the
a
regular meeting of the City Council held this 20th day of
Vardas seconded by Councilmember
roll call vote to wit
of Councilmember
following
Councilmembers
Vardas Rabenaldt Higginbotham
Councilmember
Ehring
ATTEST
Lo i
Grig by
C
Clerk
Reiss
APPROVED
C
APPROVED AS TO FORM
David
hman City Attorney
Ordinance 002
2007
0
Page
5
City
of Pismo Beach
760 Mattie Road
Pismo
Beach
CA 93449
4657 Fax 805 773
7006
805 773
org
pismobeach
www
STATE OF CALIFORNIA
SS
COUNTY OF SAN LUIS OBISPO
I
ei
Beach California
Ordinance
within 15
s
do her
errbehalftrf
y
certify
0O 00
No
2
and
the
that the attached is
was
duly posted
days of adoption thereof pursuant to
the
City Clerk
a
of the
City of
true and correct copy of
in three
public places within
requirements
o
a3
h
s Offi
Clerk
Date
the
City
of Government Code
Section 40806
Ci
Pismo