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HomeMy WebLinkAboutORD 251 1999 0217ORDINANCE 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 141-� 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 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. 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. Ordinance No. 251 Page 4 0. 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. 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 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 1 ATTEST: day of _je#bruary, 1999. atrick 4unter, Mayor Deborah S. Traffenste<!11,, City Cler �! r; c; Ordinance No. 251 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 251 was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of February, 1999, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Evans, Harper, Rodgers, Wozniak WITNESS my hand and the official seal of said City this 26th day of February, 1999. Deborah S. Traffens edt, City Clerk (seal)