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HomeMy WebLinkAbout03/17/2015 05B Smoking at Certain Events Where Minors Are Not Present; YMC Amendment 9.70.295BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of: March 17, 2015 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Ordinance concerning Parks, Playgrounds and public spaces, amending Section 9.70.295 to allow smoking at certain events where minors are not present SUBMITTED BY: Bronson Faul, Assistant City Attorney SUMMARY EXPLANATION: The ordinance amends Yakima Municipal Code 9.70.295 to allow smoking at events where more than 50 people are gathered, all attendees of the event are over the age of 21, and a designated smoking area is established within the event. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Public Safety N/A Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Pass the ordinance. City Manager ATTACHMENTS: Description Upload Date ord strikeout 3/10/2015 ord final 3/10/2015 Type Cover Memo Cover Memo 1 AN ORDINANCE ORDINANCE NO. 2015 - concerning Parks.„:....M:iw: d....Playgrounds....and .....u” :�IIuiii:`:...:" N i°° °!il! ., amending Section 9.70.295 to allow smoking at certain events where minors are not present. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.70.295 of the Yakima Municipal Code is amended to read as follows: 9.70.295 Smoking prohibited. A. It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other smoking material at any event covered by this Chapter or on any City property where more than 50 people are gathering- unless the event is restricted to attendees 21 and over and contains a sectioned off smoking specific area within the event. B. For the purposes of this section, "smoke" or "smoking" means the carrying, holding, or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. C. A violation of this section is a civil infraction punishable by a fine of $100, not including any statutory assessments. This penalty is in addition to any other remedies or penalties as provided by law. Section 2. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL, signed and approved this 17th day of March, 2015. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: ORDINANCE NO. 2015 - AN ORDINANCE concerning Parks, Playgrounds and public spaces, amending Section 9.70.295 to allow smoking at certain events where minors are not present. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.70.295 of the Yakima Municipal Code is amended to read as follows: 9.70.295 Smoking prohibited. A. It is unlawful for any person to smoke or light cigars, cigarettes, tobacco, or other smoking material at any event covered by this Chapter or on any City property where more than 50 people are gathering unless the event is restricted to attendees 21 and over and contains a sectioned off smoking specific area within the event. B. For the purposes of this section, "smoke" or "smoking" means the carrying, holding, or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. C. A violation of this section is a civil infraction punishable by a fine of $100, not including any statutory assessments. This penalty is in addition to any other remedies or penalties as provided by law. Section 2. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL, signed and approved this 17th day of March, 2015. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: