city of Chula Vista

File #: 17-0355    Name: Regulation of Smoking in City Parks
Type: Consent Item Status: Passed
In control: City Council
On agenda: 8/15/2017 Final action: 8/15/2017
Title: ORDINANCE NO. 3409 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.22.030 TO CLARIFY THAT SMOKING IS PROHIBITED IN ALL CITY PARKS (SECOND READING AND ADOPTION)
Attachments: 1. Item 2 - Ordinance, 2. Item 2 - Attachment 2 - CVMC 8.22.030 Amended, 3. Item 2 - Attachment 1 - CVMC 8.22.030 Strike Out Underline Version
Related files: 17-0310
Title
ORDINANCE NO. 3409 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.22.030 TO CLARIFY THAT SMOKING IS PROHIBITED IN ALL CITY PARKS (SECOND READING AND ADOPTION)

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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.

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SUMMARY
Staff is recommending that City Council adopt an ordinance to clean up contradictory language contained in Chula Vista Municipal Code section 8.22.030 and clarify that smoking is prohibited in all City parks.

ENVIRONMENTAL REVIEW

Environmental Notice
Environmental Notice
The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity consists of administrative actions that will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.

BOARD/COMMISSION RECOMMENDATION
Not Applicable

DISCUSSION
Chula Vista Municipal Code Chapter 8.22 regulates smoking in public places and places of employment. Section 8.22.030 contains multiple subsections. Subsections (D) through (G) regulate smoking in City parks. These subsections were added and amended on several occasions throughout 2006 and 2007. Ordinance 3043 was adopted in 2006; it added 8.22.030(D), which prohibits smoking in Friendship Park. Ordinance 3044 added 8.22.030(E), which prohibits smoking in Independence Park and Rancho Del Ray Park. Ordinance 3045 was also enacted in 2006; it added a section (F) stating "No person shall smoke in any portion of any other City park not specifically designate...

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