CLEARLAKE, Calif. – On Thursday the Clearlake City Council gave unanimous support to a proposed ordinance that update rules regarding public areas where smoking is prohibited in the city.
Administrative Services Director/City Clerk Melissa Swanson presented the staff report to the council for Ordinance No. 233-2019.
The discussion begins at the 10:40 mark in the video above; the ordinance is on page 23 of the agenda packet published below.
Swanson explained that the council, at its July 25 meeting, directed staff to bring forward an ordinance for consideration that prohibits smoking within 25 feet of commercial building entrances and egresses, and public areas such as bus stops and shelters.
She said the Clearlake Municipal Code currently prohibits smoking in any city park.
The proposed ordinance amends the section of code relating to those smoking rules for parks in its entirety to add provisions to prohibit smoking – meaning inhaling or exhaling from any tobacco or cannabis product – within 25 feet of any outdoor dining areas, entrances and egress to places of employment, bus stops and shelters, ATMs, grocery stores, retail stores, bars and restaurants, Swanson said.
Based on council consensus at the July 25 meeting, Swanson said single family homes and multi-unit residences are exempted from this ordinance.
She said the proposed ordinance mandates posting of no smoking signs in areas where smoking is prohibited. Violations of the proposed ordinance are enforced under administrative penalties section of the municipal code.
Swanson said Mayor Russ Cremer met with staff and suggested a change to Item P of Section 5-22.2 on page four of the ordinance that relates to the definition of smoke.
Originally, that passages stated, ‘“Smoke” does not include the product of combustion of incense or similar products when used solely for olfactory purposes and does not contain tobacco or nicotine.” Swanson said Cremer asked to have “cannabis” added to the products that are not contained.
Swanson said the change was discussed with City Attorney Ryan Jones and there were no issues.
Following the brief presentation, there was no public or council comment, and Councilman Phil Harris moved to hold the first reading of the ordinance – as amended – and set a second reading and final adoption at the council’s regular meeting on Sept. 12.
Councilman Russ Perdock seconded Harris’ motion, which the council approved unanimously.
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082219 Clearlake City Council agenda packet by LakeCoNews on Scribd