HomeMy WebLinkAboutAGENDA REPORT 1993 0421 CC REG ITEM 11B` -)OPPARK. CALIFr-... ^),ar' <. C;F,Lff
City cour,01 We -
CP Noc M " • •
1993
, ,cnON: &nd
Ly AGENDA REPORT
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development,-"
Paul Porter, Senior Planner
DATE: February 24, 1993 (CC meeting of April 7, 1993)
SUBJECT: ORDINANCE ELIMINATING SMOKING IN WORK PLACES AND ENCLOSED
PUBLIC PLACES
Background
Until recently, tobacco use has had a long history of social
acceptance. Advertising and tobacco industry sponsorship of sports
and cultural events have created demand and enhanced the social
acceptance of smoking. Smoking has traditionally been acceptable
in enclosed public places and work places.
During the 19801s, as the numbers of smokers continued to decline
and the health impact of second hand smoke were publicized,
society's attitude and social acceptance toward smoking changed.
Social acceptance of smoking in public places began to disappear.
These changes have been most dramatic in California where several
cities have enacted local Ordinances restricting tobacco smoke.
One trend occurring from reviewing local tobacco control ordinances
is toward totally smoke -free environments.
The City of Moorpark passed Chapter 8.32 of the Municipal Code,
which bans smoking in public places (with certain exceptions) and
requires that employers located within the City provide for smoke -
free areas for non - smoking employees within existing facilities to
the maximum extent possible. Employers are not required to incur
any expense to make structural or other physical modifications in
providing these area.
Having an adopted comprehensive local ordinance will create a
community environment in which nonsmokers will not involuntarily be
exposed to the dangers of secondhand smoke.
Discussion
The Environmental Protection Agency recently released a major
report condemning environmental tobacco smoke (ETS) as a Class A
Carcinogen for which no exposure level is safe. This report
attributed to ETS 3,000 lung cancer deaths of nonsmokers and up to
300,000 cases of respiratory disease in children.
1
According to the EPA's May 1992 report, "Respiratory Effects of
Passive Smoking: Lung Cancer and Other Disorders ", the following
are some of the effects of smoking on non - smokers:
* An estimated 3,000 lung cancer deaths per year among
nonsmokers age 35 and over are attributed to ETS in the
United States.
* ETS is causally associated with additional episodes and
increased severity of asthma in children. In addition,
the smoke is a risk factor for inducing asthma in
previously asymptomatic children.
* Passive smoking has subtle but significant effects on the
respiratory health of nonsmoking adults, including
coughing, chest discomfort and reducing lung function.
Individuals with asthma or allergies are particularly
susceptible to the adverse effects of environmental
tobacco smoke.
* ETS exposure contributes 150,000 to 300,000 cases
annually to lower respiratory tract illness in infants
under 18 months of age; 7,500 to 15,000 of them require
hospitalization.
To date there have been 30 validated epidemiological studies of
nonsmokers' lung cancer from exposure to environmental smoke. The
1992 draft of the EPA report on respiratory effects of passive
smoking makes a significant finding - that the results of these
studies of exposure to ETS out of the home can be generalized to
all nonsmokers. It has also found that exposures to ETS out of the
home are often greater than exposure from spousal smoking.
Therefore, "by extension of the results from spousal smoking
studies, coupled with biological measurements of exposure, more
lung cancer deaths are estimated to be attributable to ETS from
combined non -home exposures - 2,200 of both sexes - than from
spousal exposure - 800 of both sexes.
The California Tobacco Survey of public use and attitudes towards
tobacco, funded by Proposition 99, found that "when smokers who
live in areas where there were strong ordinances were compared to
smokers who live in areas where there were no ordinances, there was
slightly greater readiness to quit among those who lived in areas
with strong ordinances."
The proposed Ordinance is more comprehensive then the existing
Ordinance. The existing Ordinance requires employers to provide
areas of smoke -free areas for nonsmoking employees to the maximum
extent possible, but employers were not required to incur any
expense to make structural or other physical modifications in
providing these areas. The proposed Ordinance generally precludes
smoking in places of employment which includes common work areas,
auditoriums, classrooms, conference and meeting rooms, private
offices, elevators, hallways, medical facilities, cafeterias,
employee lounges, stairs, restrooms, vehicles and all other
enclosed facilities.
The existing Ordinance states that no person shall smoke in public
places, but allows several exceptions such as:
a) When the places are being used for private functions;
b) In designated areas of customer service areas, provided
that at least 50% of such area has been designated for
nonsmoking;
c) Bedspace areas of semi- private rooms where all patents
are smokers and request permission to be placed in a room
where smoking is permitted; and
d) In designated areas of restaurants as long as 50% of
designated areas have been designated as non - smoking
areas.
The proposed Ordinance is more restrictive in that it precludes
smoking in restaurants, with the exception of an exemption for
outdoor seating. However, restaurants with outdoor seating areas
that have seating for 30 or more persons will be allowed to have a
maximum of 50% of contiguous seating in outdoor food area available
for smokers.
Another difference between the existing Ordinance and the proposed
Ordinance is that the existing Ordinance does not address the sale
of cigarettes in vending machines, while the proposed Ordinance
makes it unlawful to sell any tobacco product by means of self -
service displays or by other means other than vendor - assisted sales
(Bars are exempt from this provision).
Recommendations
Staff suggests that the City Council review the attached proposed
ordinance and provide staff and the City Attorney with appropriate
direction concerning the adoption of said ordinance.
Attachment: Draft Ordinance
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK REPEALING CHAPTER 8.32 OF THE
MOORPARK MUNICIPAL CODE ENTITLED "SMOKING" IN ITS ENTIRETY AND
ADDING A NEW CHAPTER 8.32 OF THE MUNICIPAL CODE PROHIBITING TOBACCO
SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT, REGULATING THE
SALE OF TOBACCO PRODUCTS, AND LICENSE REQUIRED FOR THE SALE OF
CIGARETTES
THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. The Existing Chapter 8.32 of the City of Moorpark
Municipal Code is hereby repealed. This repeal shall not effect or
prevent the prosecution or the punishment of any person for any act
done or omitted in violation of these chapters or sections prior to
the effective date of this Ordinance.
SECTION 2. A new chapter entitled "Prohibiting Tobacco Smoking
in Public Places and Places of Employment, Regulating the Sale of
Tobacco Products, License Required and Establishing the Fee for the
Sale of Cigarettes" is hereby added the City of Moorpark Municipal
Code to read as follows:
Chapter 8.32
Sections:
8.32.010 Findings and Purpose
8.32.020 Definitions
8.32.030 Application to City -Owned Vehicles and Facilities
8.32.040 Prohibition of Smoking in Public Places
8.32.050 Regulation of Smoking in Places of Employment
8.32.060 Smoking Optional Areas
8.32.070 Posting of Signs
8.32.080 Regulating the Sale of Tobacco Products
8.32.090 Enforcement
8.32.10 Violation and Penalties
8.32.11 Non - retaliation
8.32.12 Public Education
8.32.13 Government Agency Cooperation
8.32.14 Cigarettes; License Required, Application; Fee
8.32.15 Other Applicable Laws
The City Council of the City of Moorpark does hereby find that:
1. Numerous scientific studies found that smoke is a major
contributor to indoor air pollution;
2. Reliable scientific studies, including studies by the Surgeon
General of the United States and studies commissioned and assessed
by the U.S. Environmental Protection Agency, have shown that
PP03:18:93 13:51pmA:\0RDINANC 1
breathing sidestream or secondhand smoke is a significant health
hazard to nonsmokers; particularly to children and teens, elderly
people, individuals with cardiovascular disease, and individuals
with impaired respiratory function, including asthmatics and those
with obstructive airway disease;
3. Health hazards induced by exposure to environmental tobacco
smoke include lung and other forms of cancer, respiratory
infection, decreased respiratory function, decreased exercise
tolerance, broncho- constriction and bronco - spasm, and that the most
common cause of premature death from environmental tobacco smoke is
heart disease;
4. Reliable scientific studies assessed by the U.S. Environmental
Protection Agency have found that sidestream and secondhand smoke
cause the death of at least 53,000 non - smokers annually and is a
leading cause of premature death and disability among non - smokers;
5. Non - smokers with allergies, respiratory diseases and those who
suffer other ill effects of breathing sidestream or secondhand
tobacco smoke may experience a loss of job productivity or may be
forced to take periodic sick leave because of adverse reactions to
same;
6. Persons, particularly employees, have a right to a smoke -free
environment if they desire;
7. Tobacco smoking is a leading cause of fires, and cigarette and
cigar burns and ash stains on merchandise and fixtures cause
economic losses to businesses;
8. Substantial scientific evidence exists that the direct use of
tobacco products causes cancer, heart disease and various other
medical diseases. The Surgeon General of the U.S. has found that
tobacco - caused diseases are the leading cause of premature,
preventable death and disability in the U.S.;
9. The National Centers for Disease Control have found that at
least four - hundred - thirty- four - thousand (434,000) Americans die
each year from tobacco - caused diseases. The Surgeon General of the
U.S> and U.S. Department of Health and Human Services have found
that a majority of those americans who die from tobacco - caused
diseases have become addicted to nicotine in tobacco products as
adolescents before the age of legal consent;
10. The National Institute on Drug Abuse has concluded that the
nicotine in tobacco products is a powerful addictive drug and
identifies nicotine as a most widespread example of drug dependence
in the U.S.
11. The Surgeon General of the U.S has found that nicotine in
tobacco products is as addictive as cocaine and heroine;
PP03:18:93 13 :52pmA:\ORartaRc 2
Whereas, the City Council finds and declares that the purposes of
this Ordinance are:
* to protect public health, safety and welfare by
prohibiting tobacco smoking in public places and places
of employment;
* to guarantee the right of nonsmokers to breath tobacco
smoke -free air, and to recognize that the need to breathe
tobacco smoke -free air has priority over the desire to
smoke;
Whereas, the City Council further finds it is within its basic
police power to implement and enforce the provisions of this
Ordinance.
Section 8.32.010. Definitions
The following words and phrases, whenever used in this article,
shall be construed as defined in this section:
1. "Bar" means an area which is devoted to the serving of
alcoholic beverages for the consumption by patrons on the premises
and in which the serving of food is only incidental to the
consumption of such beverages. Although a restaurant may contain
a bar, the term "bar" shall not include the restaurant dining area.
A "bar" for the purpose of this definition does not include any bar
where smoke can filter into a restaurant through a passageway,
ventilation system, or any other means.
2. "Business" means any sole proprietorship, joint venture,
corporation or other business entity formed for profit - making
purposes, including retail establishments where goods or services
are sold as well as professional corporations and other entities
where legal, medical, engineering, architectural or other
professional services are delivered. (XWA�)
3. "Cocktail Lounge" means a ba within a restaurant which
is not the sole means of public acce to the dining areas, is not
the sole waiting area for dining patrons, prohibits minors, has a
separate ventilation system and is enclosed.
4. "Employee" means any person who is employed by any
employer in consideration for direct or indirect monetary wages or
profit, or any person who volunteers his or her services for a non-
profit entity.
5. "Employer" means any person, partnership, corporation,
including a municipal corporation, or non - profit entity, who
employs the services of one or more individual persons.
PP03:18:93 /3:51pmA:\ORD.TAMC 3
6. "Enclosed Area" means all space between a floor and
ceiling which is enclosed on all sides by solid walls or windows
( exclusive of doors or passage ways) which extend from the floor to
the ceiling, including all space therein screened by portions which
do not extend to the ceiling or are not solid, such as "office
landscaping" or similar structures.
7. "Non- profit Entity" means any corporation, unincorporated
association or other entity created for charitable, philanthropic,
educational, character - building, political, social or other similar
purposes, the net proceeds from the operations of which are
committed to the promotion of the objectives or purposes of the
entity and not to private gain. A public agency is not a "non-
profit entity" within the meaning of this section.
8. "Person" shall mean any individual, partnership,
cooperative association, private corporation, personal
representative, receiver, trustee, assignee, or any other legal
entity.
9. "Place of employment ": means any enclosed area under the
control of a public or private employer which employees normally
frequent during the course of employment, including, but not
limited to, work areas, employee lounges and restrooms, conference
and class rooms, employee cafeterias and hallways. A private
residence is not a "place of employment" unless it is used as a
child care or health care facility pursuant to applicable State
laws.
10. "Public Place" means any enclosed area to which the
public is invited or in which the public is permitted, including
but not limited to, banks, educational facilities, shopping malls,
laundromats, public transportation facilities, reception areas,
restaurants, retail food production and marketing establishments,
retail service establishments, retail stores, hotels and motels,
theaters and waiting rooms. A private residence is not a "public
place ".
11. "Restaurant" means any coffee shop, cafeteria, sandwich
stand, private and public school cafeteria, including any
associated outdoor eating area, and any other eating establishment
which gives or offers for sale food to the public, guests, or
employees, as well as kitchens in which food is prepared on the
premises for serving elsewhere, including catering facilities,
except that the term "restaurant" shall not include a cocktail
lounge if said cocktail lounge is a "bar" as defined in this
section.
12. "Retail Tobacco Store" means a retail store utilized
primarily for the sale of tobacco products and accessories and in
which the sale of other products is merely incidental.
PP03:18:93 13:52pmA:\ORD.TXWc 4
13. "Self- service Displays" means open display of tobacco
products and point -of -sale tobacco promotional products that the
public has access to without the intervention of an employee.
14. "Separate Ventilation System" means a system which is
exhausted to the outside and negatively pressurized.
15. "Service -line means any indoor line at which one (1) or
more persons are waiting for or receiving service of any kind,
whether or not such service involves the exchange of money.
16. "Smoking" means inhaling, exhaling, burning or carrying
any lighted cigar, cigarette, pipe, plant or other combustible
substance in any manner or in any form.
17. "Sports Arena" means enclosed or unenclosed sports
pavilions, gymnasiums, health spas, swimming pools, roller and ice
rinks, pool or billard halls, arcades, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic
competition, or witness sports events.
18. "Tobacco Product" means any tobacco cigarette, cigar,
pipe tobacco, smokeless tobacco, snuff or any other form of tobacco
which may be utilized for smoking, chewing, inhalation or other
manner of ingestion.
19. "Tobacco Vending Machine" means any electronic or
mechanical device or appliance the operation of which depends upon
the insertion of money, whether in coin or paper currency, or other
things representative of value, which dispenses or releases a
tobacco product.
20. "City" shall mean the City of Moorpark
21. "Vendor- assisted" means only a store employee has access
to the tobacco product and assists the customer by supplying the
product. The customer does not take possession of the product
until it is purchased.
Section 8.32.030. Application to City -Owned Vehicles and
Facilities
All City -owned vehicles including buses and other means of
public transit under the authority of the City, and all enclosed
facilities owned and controlled by the City including any council,
commission and agency of the City shall be subject to the
provisions of this Ordinance.
Section 8.32.040. Prohibition of Smoking in Public Places
A. Except as otherwise provided, smoking shall be prohibited
PP03:18:93 13:51pM:\ORDINMC 5
in all enclosed public places within the City of Moorpark,
including, but not limited to the following places:
1. Elevators
2. Buses, taxicabs, and other means of public transit under
the authority of the City of Moorpark and /or privately
operated under a license and /or Permit issued by the
City, and ticket, boarding and waiting areas of public
transit depots .
3. Restrooms.
4. Service Lines.
5. Retail stores and retail service establishments.
6. All areas available to and customarily used by the
general public in all business and non - profit entities
patronized by the public, including but not limited to
offices (such as attorneys, doctors, and other
professionals), banks, laundromats, malls, hotels, and
motels.
7. Restaurants, provided:
(a) Cocktail lounge areas within restaurants that sell
alcoholic beverages shall be exempted. Within one
year of passage of this Section, such areas must
meet the standards of "cocktail lounge ", as defined
herein.
(b) A maximum of 50% of contiguous seating in outdoor
food area that has seating for 30 or more persons,
clearly posted, may be exempted.
B. Bars
9. Public areas of aquariums, galleries, libraries or
museums, or similar facilities when open to the public.
10. Any facility which is primarily used for exhibiting
motion pictures, stage productions, lectures, musical
recitals or other similar performances, except when
smoking is part of the production.
11. Sports arenas and convention halls.
12. Every room, chamber, place of meeting, or public
assembly, including school buildings under the control of
any board, council, commission, committee including joint
committees, or agencies of the City or any political
PP03:18:93 13:51pmA:\ORDZNANC 6
subdivision of the State during such time as a public
meeting is in progress, to the extent such place is
subject to the jurisdiction of the City.
13. Waiting rooms, hallways, wards, and rooms of health
facilities, including, but not limited to, hospitals,
clinics, physical therapy, mental health, and drug and
alcohol treatment facilities, doctors' and dentists'
offices.
14. Lobbies, hallways, and other common areas in apartment
buildings, condominiums, senior citizen residences,
nursing rooms, and other multiple -unit residential
facilities.
15. Lobbies, hallways, and other common areas in multiple -
unit commercial facilities.
16. Polling places.
B. Notwithstanding any other provisions of this section, any
owner, operator, manager, or other person who controls any
establishment or facility as a nonsmoking establishment.
Section 8.32.050. Regulation of Smoking in Places of Employment
A. Within 90 days of the effective date of this article,
each employer having an enclosed place of employment located within
the City shall adopt, implement, make known and maintain a written
smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within
a place of employment without exception. This includes common
work areas, auditoriums, classrooms, conference and meeting
rooms, private offices, elevators, hallways, medical
facilities, cafeterias, employee lounges, stairs, restrooms,
vehicles and all other enclosed facilities.
B. The smoking policy shall be communicated to all employees
within three weeks of its adoption and at least annually
thereafter.
C. All employers shall comply with these non - smoking
provisions and shall be responsible for their implementation in
their places of employment.
D. "No Smoking" signs shall be conspicuously posted at
building entrances and in employee lounges, cafeterias and
lunchrooms.
E. All employers shall supply a written copy of the smoking
policy to any existing or prospective employee.
PP03 :18:9313.52pM:\ORDIK"C 7
F. Places of employment exempt from the prohibition on
smoking in other sections of this Ordinance shall also be exempt
from this section.
Section 8.32.060. Smoking Optional Areas.
A. Not withstanding any other provisions of this article to
the contrary, the following areas shall not be subject to the
smoking restrictions of this article:
1. Private residences, except when used as a child care or
health care facility pursuant to applicable State law.
2. Retail tobacco stores
3. A maximum of 50% of hotel /motel rooms
4. Restaurants, hotel and motel conference or meeting rooms
and public and private assembly rooms, which are equipped
with ventilation system which conducts air to the
outside, while these places are being used for private
functions. However, 50% of these areas will be
designated nonsmoking.
5. An enclosed place of employment which employs only the
owner and no other employee, provided that:
(a) The place of employment is not a public place.
(b) The enclosed area containing the place of
employment does not share a ventilation system with
any other enclosed place of employment or public
place.
B. Not withstanding any other provision of this section, any
owner, operator, manager or other person who controls any
establishment described in this section may declare that entire
establishment as a nonsmoking establishment.
Section 8.32.070. Posting of Signs
A. "No- Smoking" signs or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it) shall
be clearly, sufficiently and conspicuously posted in every
building, as well as on the entrances at eye level, or other place
where smoking is regulated by this article, by the owner, operator,
manager or other person having control of such building or other
place.
B. Every restaurant shall have posted at every entrance a
conspicuous sign clearly stating that smoking is prohibited.
PP03:18:9313:51pmA:\ORDnMc 8
Section 8.32.080. Regulating the S of Tobacco Products
A. Any person, business, tobacco retailer or other
establishment subject to this Ordinance shall post plainly visible
signs at the point of purchase of tobacco products which state "THE
SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS
PROHIBITED BY LAW. PHOTO IS REQUIRED ". The letters of said signs
should be at least one - quarter inch high.
B. No person, business tobacco retailer, or owner, manager
or operator of any establishment subject to this Ordinance shall
sell, offer to sell or permit to be sold any tobacco product to an
individual without requesting and examining identifications
establishing the purchasers age as eighteen years or greater unless
the seller has some reasonable basis for determining the buyer's
age.
4) It shall be unlawful for any person, business, or tobacco
retak�r to sell, permit to be sold, or offer for sale any tobacco
product by means of self - service displays or by other means other
than endor- assisted sales. Bars are exempt from this provision.
D No person, business, tobacco retailer or other
esta ishment subject to this Ordinance shall locate, install,
keep, maintain or use, or permit the location, installation,
keeping, maintenance or use of his, her, or its premises any
vending machines for the purpose of selling or distributing any
tobacco product. Any tobacco vending machine in use on the
effective date of this Ordinance shall be removed within thirty
(30) days after the effective date of this Ordinance. Bars are
exempt from this provision.
E. Any person, business, tobacco retailer, or owner, manager
or operator of any establishment subject to this Ordinance who
violates any provision of this section shall be deemed guilty of a
misdemeanor and upon conviction shall be subject to a fine as
provided for in Penal Code Section 308(a).
Section 8.32.090. Enforcement
A. Notice of these regulations shall be given to all
applicants for a business license.
B. Enforcement of this Ordinance shall be implemented by the
City Manager or his /her designee.
C. Any citizen who desires to register a complaint under
this Ordinance may initiate enforcement with the City Manager or
his /her designee.
PP03:28:93I3:52pmA: \0RDINANC 9
D. Not withstanding any other provisions of this Ordinance,
a private citizen may bring legal action to enforce this Ordinance.
Section 8.32.10 Violation and Penalties
A. It shall be unlawful for any person who owns, manages,
operates or otherwise controls the use of any premises subject to
regulation under Section 8.32.040 of this Ordinance to fail to
comply with any of its provisions.
B. It shall be unlawful for any person to smoke in any area
where smoking is prohibited under Section 8.32.040 of this article.
C. Any person, business, tobacco retailer, or owner, manager
or operator of any establishment subject to this Ordinance who
violates any provision of this Chapter, other than Section
8.32.080, shall be deemed guilty of an infraction and upon
conviction shall be subject to payment of a fine not to exceed the
limits set forth in Government Code Section 36900.
Section 8.32.11. Non - retaliation
No person or employer shall discharge, refuse to hire or in
any manner retaliate against any employee or applicant for
employment because such employee or applicant exercises any right
to a smoke -free environment afforded by this article.
Section 8.32.12. Public Education
The City Manager or his designee, in conjunction with the
County Department of Health, shall engage in a continuing program
to explain and clarify the purposes and requirements of this
Ordinance to citizens affected by it, and to guide owners,
operators and managers in their compliance with it. Such program
may include publication of a brochure for affected business and
individuals explaining the provisions of this Ordinance.
Section 8.32.13. Governmental Agency Cooperation
The City Manager or his designee, shall annually request other
governmental and educational agencies having facilities within the
City to establish local operating procedures in cooperation and
compliance with this Ordinance. This includes urging all Federal,
State, County and school district agencies to update their existing
smoking control regulations to be consistent with current health
findings regarding environmental tobacco smoke.
PP03:16:93 13:52pmA:\ORDIK"C 10
Section 8.32.14. Cigarettes; License Required, Application
Issuance, License Fee
A. Cigarettes: License Required, Application, Issuance_. No
person shall keep for retail sale, sell at retail or otherwise
dispose of any cigarette or any tobacco product or cigarette paper
or cigarette wrapper at any place in the City without a license.
Application for a license shall be made the City of Moorpark on a
form supplied by the City. The application shall state the full
name and address of the applicant, the location of the building and
part intended to be used by the applicant under the license, the
kind of business conducted at such location and other information
as shall be required by the application form. Upon the filing of
an application with the City, it shall be presented to the City
Manager or his designee for consideration. If granted by the City
Manager or his designee, a license shall be issued by the City upon
payment of the required fee.
B. Cigarettes, License Fee. The annual license fee for a
cigarette vending license shall be as specified by City Council
Resolution.
Section 8.32.15. Other applicable Laws
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
SECTION 3. SEVERABILITY.
If any section or portion of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, that section or portion shall be deemed
severable and shall not affect the validity of the remaining
portions of the Ordinance. The City Council of the City of
Moorpark hereby declares that it would have passed this Ordinance
or any sections or portions thereof, irrespective of the fact that
any one or more sections or portions may be declared invalid or
unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30)
days after the date of passage. Pursuant to the provisions of
Government Code Section 36933, a summary of this Ordinance shall be
prepared by the City Attorney. At least five (5) days prior to the
Council meeting at which adoption of the Ordinance is scheduled,
the City Clerk shall (1) publish the summary, and 2) post in the
office of the City Clerk a certified copy of the full text of the
Ordinance along with the names of the Council members voting for or
against the Ordinance.
PP03:18:9313:52pM:\0RD1KMC 11
PASSES AND ADOPTED at a regular meeting of the City Council of
the City of Moorpark on , by the following roll vote.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
PP03:18:93 13:52pmA: \0RDjwWC 12