O 607ORDINANCE N0.607
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 12.20.060 OF THE
ARROYO GRANDE MUNICIPAL CODE TO BAN SMOKING IN
CITY PARKS
WHEREAS, it is in the best interest of the City and the public, to have a comprehensive City Parks
Ordinance that stipulates hours of use, parking, driving upon parks orgreenways, picnic areas and
use, and behavior in parks; and
WHEREAS, on November 12, 2008, the Parks and Recreation Commission reviewed and
considered the information presented and recommends approval of the proposed amendment to
the Arroyo Grande Municipal Code banning smoking in City Parks; and
WHEREAS, on December 9, 2008, the City Council reviewed and considered the information and
public testimony related to the proposed Ordinance banning smoking in City parks at a duly
noticed public hearing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
1. The above recitals and findings are true and correct.
2. Arroyo Grande Municipal Code Section 12.20.060 is hereby amended as follows
12.20.060 Behavior in parks.
No person using a park shall:
A. Have brought, or have in his or her possession, or set off, or otherwise cause to
explode or discharge or burn any firecrackers, torpedoes, rockets, or other fireworks,
explosives, or inflammable materials or discharge them or throw them into any such area
from land or highways adjacent thereto unless by permit. This prohibition shall include
any substance, compound, mixture or article which, in conjunction with any other
substance or compound, would be dangerous from any of the foregoing standpoints;
B. Make or kindle a fire for any purpose, except at places provided for such purpose,
unless a permit has been obtained therefor;
C. Enter any area posted as "Closed to the Public," nor shall any person use any
area in violation of posted notices; or
D. Play golf or drive, hit, pitch, or putt golf balls into or upon any city park or
greenbelt. The use of golfing equipment, clubs, and golf balls shall be prohibited from
use in city park areas.
ORDINANCE NO. 607
PAGE 2
purpose of this chapter "smoke" or "smoking" means the carrving or holding of a
anv pipe cigar cigarette or anv other lighted smoking equipment used for burning
any tobacco product weed plant or anv other combustible substance.
3. If any section, subsection, subdivision, paragraph, sentence, or dause of this Ordinahce or
any part thereof is for any reason held to be unlawful, such decision shall not affect the
validity of the remaining portion of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that any one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
4. A summary of this Ordinance shall be published in a newspaper published and circulated
in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at
which the proposed Ordinance is to be adopted. A certified copy of the full text of the
proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the
summary with the names of those City Council Members voting for and against the
Ordinance shall be published again, and the Director of Administrative Services/City
Clerk shall post a certified copy of the full text of such adopted Ordinance.
5. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Arnold, seconded by Council Member Fellows, and bythe following
roll call vote to wit:
AYES: Amold, Fellows, Guthrie
NOES: None
ABSENT: Costello, Ferrara
the foregoing Ordinance was adopted this 13w day of January, 2009.
ORDINANCE NO. aA~
PAGE 3
TONY FER MAYOR
ATTEST: ,,lAI'n
~U~'-~~-
KELLY W TM E, CITY CLERK
APPROVED AS TO CONTENT:
S A S, CITY MANAGER
APPROVED AS TO FORM:
TI THY J. MEL, CI ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 607 which was
introduced at a regular meeting of the City Council on December 13, 2008; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 13~' day of January, 2009; and was duly published in accordance
with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14"'
day of January 2009.
KELLY WI~TMaRE, CITY CLERK