HomeMy WebLinkAbout2011-03ORDINANCE NO. 2011-03
AMENDING SECTION 13- 2.3(m) OF THE DANVILLE
MUNICIPAL CODE TO EXTEND SMOKING PROHIBITION TO ALL TOWN -
OWNED AND /OR MAINTAINED RECREATIONAL AREAS
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS
1. Secondhand smoke has been repeatedly identified as a health hazard, as
evidenced by the following:
• The U.S. Surgeon General concluded in a 2007 report that there is no risk -free
level of exposure to secondhand smoke; and
• The California Air Resources Board in 2006 placed secondhand smoke in the
same category as the most toxic automotive and industrial air pollutants by
categorizing it as a toxic air contaminant for which there is no safe level of
exposure; and
• The California Environmental Protection Agency in 2006 included
secondhand smoke on the Proposition 65 list of chemicals known to the State
of California to cause cancer, birth defects, and other reproductive harm; and
2. The United States Department of Health and Human Services has found that
exposure to secondhand smoke increases the risk of coronary heart disease,
causes lower respiratory tract infections, such as pneumonia and bronchitis, in as
many as 300,000 children in the United States under the age of 18 months each
year, and exacerbates childhood asthma.
3. Studies have shown that exposure to secondhand smoke does occur at significant
levels outdoors, that irritation from secondhand smoke begins at levels as low as
4 micrograms per cubic meter, and in some outdoor situations, this level can be
found as far away as 13 feet from the burning cigarette, and that to be completely
free from exposure to secondhand smoke in outdoor places, a person may have
to move nearly 25 feet away from the source of the smoke.
4. California Health and Safety Code Section 104495 prohibits smoking within 25
feet of playgrounds and tot lots and expressly authorizes cities and towns to
enact additional restrictions on smoking in parks and playgrounds.
SECTION 2. Section 13- 2.3(m) of the Danville Municipal Code is hereby amended to
read as follows:
CHAPTER 13
PARKS AND COMMUNITY FACILITIES
13 -2 Use Restrictions
13 -2.3 Prohibitions.
m. Smoking. Smoking shall be prohibited in all parks, facilities and buildings owned
or maintained by the Town of Danville.
SECTION 3. CODIFICATION.
Section 2 of this ordinance shall be codified in the Danville Municipal Code.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have
this ordinance published once within 15 (fifteen) days after adoption. This ordinance
shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on September 6, 2011 and approved and
adopted by the Danville Town Council at a regular meeting held on September 20, 2011,
by the following vote:
AYES Stepper, Andersen, Arnerich, Doyle, Storer
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR
M OVED AS TO FORM:
' �r"
CITY ATTORNEY
WEST:
CITY CLER
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2011 -03 of said Town and that said
ordinance was published according to law.
Dated: ( �� I
IF
City Clerk of t Town of Danville
PAGE 2 OF ORDINANCE NO. 2011-03
