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HomeMy WebLinkAbout786 - OrdinancesORDINANCE NO. 786 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SMOKING REGULATIONS The City Council of the City of Rancho Cucamonga hereby ordains as follows: SECTION 1: Section 8.21.035 of Chapter 8.21 of Title 8 of the Rancho Cucamonga Municipal Code is hereby added to read: "Smoking is prohibited and unlawful in all public parks, trails, playgrounds, and other recreational areas not otherwise covered by this Chapter." SECTION 2: Section 8.21.045 of Chapter 8.21 of Title 8 of the Rancho Cucamonga Municipal Code is hereby added to read: "Smoking is prohibited and unlawful in all public plazas when open to the general public." SECTION 3: Section 8.21.055 of Chapter 8.21 of Title 8 of the Rancho Cucamonga Municipal Code is hereby added to read: "Smoking is prohibited and unlawful in all stadiums when open to the general public except in currently existing designated smoking areas for tenants currently under long- term lease agreements." SECTION 4: Section 8.21.065 of Chapter 8.21 of Title 8 of the Rancho Cucamonga Municipal Code is hereby added to read: "Smoking is prohibited and unlawful in any parcel of property upon which a public community center, library or similar facility is located." SECTION 5: Section 8.21.010 of Chapter 8.21 of Title 8 of the Rancho Cucamonga Municipal Code is hereby amended to include, in alphabetical order, the following definitions: " 'enclosed' as in 'enclosed area' means any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside, or any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard, except that an uncovered space of 3,000 square feet or more is not enclosed such as, for example, a field in an open-air arena." Ordinance No. 786 Page 2 of 3 " 'Playground' means any park or recreational area, whether enclosed or unenclosed, that has play or sports equipment installed or has been designed or landscaped for play or sports activities and is designed in part to be used by children, or any similar facility located on public or private school grounds, or on grounds maintained by the City of Rancho Cucamonga." " 'Public park' means any community park, neighborhood park, special use or other park maintained by the City of Rancho Cucamonga." " 'Public plaza' means any unenclosed public place, other than a sidewalk, that is paved and permanently set aside for pedestrian use; including, for example, a courtyard, a plaza and a promenade." "'Stadium' means any publicly-owned area designated for sports or other entertainment purposes, whether enclosed or unenclosed, that is maintained by the City of Rancho Cucamonga and not otherwise covered by this Chapter." " 'Trail' means any unenclosed area, whether or not contiguous to any public park, used for recreational walking, running, and riding and maintained by the City of Rancho Cucamonga." SECTION 6: If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections hereof. The City Council hereby declares that it would have passed this Ordinance and each section; subsection, clause and phrase hereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases be declared invalid. SECTION 7: The City Clerk shall certify to the passage and adoption of this Ordinance and to cause this Ordinance to be published as required by law. Please see the /ollowing page Ior lormal adoption, certilicafion and signatures Ordinance No. 786 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 6`" day of February 2008. AYES: Gutierrez, Kurth, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None ATTEST: bra J. Ada s MC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 16`" day of January 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6`h day February 2008. Executed this 7`h day of February 2008, at Rancho Cucamonga, California. (.C.2~t/L-Q~ Debra J. Ada s MC, City Clerk