HomeMy WebLinkAboutAGENDA REPORT 1999 0217 CC REG ITEM 12ATO:
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CITY OF MOORPARK
AGENDA REPORT
Honorable City Council
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CITY OF MOORPARK, CALIFORNIA
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BY:
Deborah S. Traffenstedt, City Clerk -:-T)5T
February 9, 1999 (CC Meeting of 2/17/99)
SUBJECT: CONSIDER ORDINANCE NO. 251, AN ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, ADDING CHAPTER 8.56, TOBACCO
ADVERTISING PROHIBITED IN CERTAIN AREAS OF THE CITY, TO
TITLE 8 OF THE MOORPARK MUNICIPAL CODE
BACKGROUND
Ordinance No. 251 was introduced for first reading at the City
Council's February 3, 1999 meeting.
The Director of Community Development has determined that Ordinance
No. 251 is exempt from the California Environmental Quality Act
(CEQA) based on Section 15061(b) (3) of the CEQA Guidelines.
Ordinance No. 251 was determined to not have the potential to cause
a significant effect on the environment.
STAFF RECOMMENDATION
Waive full reading and declare Ordinance No. 251 read for the
second time and adopted as read.
Attachment: Ordinance No. 251
000326
ORDINANCE NO. 251
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, ADDING CHAPTER 8.56,
TOBACCO ADVERTISING PROHIBITED IN
CERTAIN AREAS OF THE CITY, TO TITLE 8
OF THE MOORPARK MUNICIPAL CODE
WHEREAS, it is estimated that nearly 11 percent of
children in California smoke; and
WHEREAS, the Surgeon General reports that the average
age at which those that smoke tried their first cigarette
is 14;,� years; and
WHEREAS, teenagers are twice are likely to be
influenced to smoke by cigarette advertising than they are
by pressure from peers and family; and
WHEREAS, the Journal of the American Medical
Association found that 34 percent of all youthful
experimentation with cigarettes from 1993 to 1996 was
attributable to tobacco promotional activities; and
WHEREAS, the Surgeon General has determined that
children who smoke are statistically more likely to consume
alcohol, smoke marijuana, and use cocaine; and
WHEREAS, the Surgeon General reports that nearly 3,000
American children start smoking everyday, 1,000 of these
children will one day die of smoking related disease, and
the net effect is that among children living today, 5
million will die an early, preventable death due to
smoking; and
WHEREAS, smoking is the leading cause of preventable
death in the United States; and
WHEREAS, more than 430,000 Americans die each year, or
1,100 every day, from causes attributable to tobacco; and
WHEREAS, an estimated 8,500 Californians die each year
from causes attributable to tobacco; and
WHEREAS, an estimated 260 Ventura County residents die
each year from causes attributable to tobacco; and
000327
Ordinance No. 251
Page 2
WHEREAS, firsthand smoking costs the United States
approximately 97 billion dollars each year in health care
costs and lost productivity; and
WHEREAS, the United State Environmental Protection
Agency estimates that secondhand smoke kills at least
57,000 NON- SMOKING Americans each year; and
WHEREAS, smoking during pregnancy accounts for an
estimated 10 percent of all infant deaths.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 8 of the Moorpark Municipal Code is
hereby amended by adding Chapter 8.56 to read as follows:
"TOBACCO ADVERTISING PROHIBITED IN
CERTAIN AREAS OF THE CITY
Sections:
8.56.010 Purpose.
8.56.020 Definitions.
8.56.030 Applicability of provisions.
8.56.010 Purpose.
A. It is unlawful for any person engaged in the
manufacture or sale of tobacco products to sell or give
tobacco to any individual under the age of 18 years.
B. The City Council has reviewed statistics prepared
by other jurisdictions regarding the harmful effects on
minors of outdoor advertising for tobacco products.
C. These statistics reveal that children and
teenagers are more susceptible to advertising than adults.
D. Tobacco was second only to automobiles as the
most heavily advertised product in the United States in
1993.
E. There is evidence that tobacco product
advertising plays a significant role in stimulating illegal
consumption of cigarettes by minors.
000328
Ordinance No. 251
Page 3
F. Exposure to tobacco advertising reinforces
existing use of tobacco products among youth, contributes
to higher levels of tobacco product use among youths, and
increases the intention to use tobacco products among those
young people who do not yet consume them.
G. Certain studies reveal that outdoor
advertisements are a unique and distinguishable medium of
advertising which subjects the general public to
involuntary and unavoidable forms of solicitation.
H. Courts have recognized the positive relationship
between advertising and consumption regarding a variety of
goods and services.
I. Children are exposed to outdoor advertising on a
regular basis simply by walking to and from school or
playing in their neighborhood, and there exists no
practical means of parental monitoring or limiting exposure
to these public advertisements.
J. Tobacco constitutes a substance, which is used by
adolescents as a first drug, which appears to generate the
use of other drugs at a later time.
K. More than three million minors under the age of
eighteen consume more than 947 million packs of cigarettes
annually.
L. The State of California has strongly supported
classroom education programs concerning the dangers of
tobacco use, however this message is compromised if there
are advertisements near schools and playgrounds that
encourage the use of tobacco products.
M. Many school districts in the State of California
have endorsed restricting the advertising of tobacco
products near schools to avoid sending a mixed message to
their students.
N. The restrictions contained in this ordinance will
not unduly burden the legitimate business activities of
persons licensed to sell tobacco products on a retail
basis, nor prevent adults from obtaining information needed
to make lawful purchases.
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Ordinance No. 251
Page 4
O. By adopting this ordinance, the City Council
intends to narrowly focus its efforts on those
advertisements, which most directly affect minors where
they live, attend school, and engage in recreational or
social activities while protecting legitimate business
activities.
P. The placement of outdoor advertisements for
tobacco and tobacco related products where minors live,
attend school and engage in recreational and social
activities is injurious to the public health, safety, and
welfare of the community.
Q. The adoption of this ordinance is necessary to
protect the health, safety, and welfare of the community.
8.56.020 Definitions.
The following words and phrases, whenever used in this
chapter, shall be construed as defined in this section:
`Child Care Center' shall mean a facility, other than
a family day care home, in which less than 24- hour - per -day
non - medical care and supervision is provided for children
in a group setting as defined and licensed under the
regulations of the State of California. For purposes of
this chapter, `child care center' shall not include such a
facility when it is appurtenant and clearly subordinate to
a commercial or industrial facility or activity,
established on the same lot or parcel, and operated
exclusively for the children of the employees of the
commercial or industrial activity.
`Church' shall mean a development maintained and used
exclusively for religious worship, including customary
incidental educational and social activities in conjunction
therewith.
`Outdoor Advertising Sign' shall mean any sign which
is located off -site, with a single square footage greater
than seventy -five (75) square feet or a double -sided sign
with more than one hundred fifty (150) square feet.
`Park' shall mean any park, playground, or grounds
under the control, direction, or management of a public
entity, whether such use is within or outside the municipal
boundaries of the city.
000330
Ordinance No. 251
Page 5
`Recreational Facility' shall mean any recreational
facility under the control, direction, or management of a
public agency, whether such use is within or outside the
municipal boundaries of the city.
`School' shall include any elementary, secondary,
junior or senior high school, public or private, attendance
at which satisfies the compulsory education laws of the
State of California, whether such use is within or outside
the municipal boundaries of the city.
`Tobacco product' shall mean any substance containing
tobacco leaf, including, but not limited to, cigarettes,
cigars, pipes, tobacco, snuff, chewing tobacco, and dipping
tobacco.
`Youth Center' shall mean any designated indoor or
outdoor private or parochial facility, other than a
residence or multiple dwelling unit, which offers programs,
activities, or services, for persons who have not yet
reached the age of eighteen, including, but not limited to,
community -based programs, after - school programs, weekend
programs, violence prevention programs, substance abuse
prevention programs, individual or group counseling, case
management, remedial, tutorial and other educational
assistance or enrichment, music, art, dance, other
recreational or cultural activities, physical fitness
activities and sports programs.
8.56.030 Applicability of provisions.
A. No person shall place or cause to be placed any
advertisement for cigarettes or any other tobacco product
on any outdoor advertising sign within a residential or
agricultural zone, or within 1,500 feet of any school,
park, playground, recreational facility, youth center,
child care center, entertainment park, or church.
B. Nothing in this subsection shall prohibit the
posting of advertisements that specifically discourage the
use of tobacco or tobacco related products.
C. The distances specified in this subsection shall
be measured in a straight line, without regard to
intervening structures, from the nearest point of the
00 ®331
Ordinance No. 251
Page 6
outdoor advertising sign to the nearest property line of a
sue or zone listed above."
SECTION 2. If any section, subsection, sentence,
clause, phrase, part of portion of this Ordinance is for
any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, subsection,
sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions
be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective
thirty (30) days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the
passage and adoption of this Ordinance; shall enter the
same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the
records of the proceedings of the City Council at which the
same is passed and adopted; and shall, within fifteen (15)
days after the passage and adoption thereof, cause the same
to be published once in the Moorpark Star, a weekly
newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and
which is hereby designated for that purpose.
PASSED AND ADOPTED this 3rd day of February, 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000332