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O 703 ORDINANCE NO. 703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING SECTION 8.36.060 TO CHAPTER 8.36 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER TWENTY- ONE WHEREAS, the City Council of the City of Arroyo Grande (“City”) may, by ordinance, adopt rules and regulations for the preservation of the public health, safety and welfare; and WHEREAS, approximately 480,000 people die in the United States from smoking-related diseases and exposure to secondhand smoke every year, making tobacco use the nation's leading cause of preventable death; and WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting, as evidenced by the following:  Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users;  Tobacco industry documents state that if "a man has never smoked by the age of 18, the odds are three -to -one he never will. By age 24, the odds are twenty - to -one";  The tobacco industry spends an estimated $ 620 million annually to market Tobacco products to California residents; and WHEREAS 5.6 million of today’s Americans who are younger than 18 years of age are projected to die prematurely from a smoking -related illness; and WHEREAS, despite the State's efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:  Over 67% of current and former adult smokers in California started by the age of 18 and almost 100% started by the age of 26;  From 2013 to 2015, approximately 15% of 9th and 11th grade students in California reported using electronic smoking devices;  In 2017, 22.8% of high school students in California had tried cigarette smoking; and ORDINANCE NO. 703 PAGE 2 WHEREAS, the State of California, in 2016, repealed a law making possession of Tobacco products by persons under the legal smoking age illegal; and WHEREAS, California Business and Professions Code Section 22964 expressly authorizes local jurisdictions to adopt stricter standards than the State with respect to the legal age to purchase or possess tobacco products; and WHEREAS, the City believes that prohibiting the possession of tobacco products and electronic smoking devises by persons under the age of twenty-one will discourage such persons from using tobacco products including electronic cigarettes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Section 8.36.060 is hereby added to Chapter 8.36 of Title 8 of the Arroyo Grande Municipal Code, to read in its entirety as follows: 8.36.060 – Possession of tobacco products by persons under twenty-one. No person under the age of twenty-one (21) shall purchase, receive, or possess any tobacco product as that term is defined in Section 8.38.020 of Chapter 8.38, which includes electronic smoking devices. Any person, upon conviction of this section, shall pay a fine of seventy-five dollars ($75) or perform thirty (30) hours of community service work. SECTION 3. 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 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 City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ORDINANCE NO. 703 PAGE 3 On motion by Mayor Ray Russom, seconded by Council Member George, and by the following roll call vote to wit: AYES: Mayor Ray Russom and Council Members George, Paulding, Storton, Barneich NOES: None ABSENT: None th the foregoing Ordinance was adopted this 26 day of November, 2019. ORDINANCE NO. 703 PAGE 4 Orr OF 6 _ - CAREN RAY - SS i M, MAYOR ATTEST: d / / 6dcituoAk KELLY i ETr ORE, CITY CLERK APPROVED AS TO CONTENT: Ilk ,Agifiir. JAMES A. :E- i r, N, CITY MANAGER APPROVED AS TO FORM: G ? 7 ,, THY UL. u TIM THY J. CAR L, CITY 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 Ordinance No. 703 which was introduced at a regular meeting of the City Council on November 12, 2019; was passed and adopted at a regular meeting of the City Council on the 26th day of November 2019; 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 27th day of November 2019. 41(91-14-- KELLY ET RE, CITY CLERK