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<br /> <br />Ordinance No. NS - ____ <br />Page 7 of 8 <br /> <br />(b) Forfeited tobacco products, including flavored tobacco products, shisha <br />tobacco products, and flavored shisha tobacco products and tobacco <br />paraphernalia shall be maintained and destroyed pursuant to the chief's <br />policy for seized evidence. <br /> <br />Section 3. This ordinance shall be automatically repealed by operation of law <br />in the event that Senate Bill 793 (2020) re flavored tobacco products goes into effect. <br /> <br />Section 4. The City Council finds that this ordinance is not subject to the <br />California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), <br />15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a <br />direct or reasonably foreseeable indirect physical change in the environment, because <br />there is no possibility it will have a significant effect on the environment, and it is not a <br />"project," as defined in section 15378 of the State CEQA Guidelines. <br /> <br />Section 5. If any section, subsection, phrase, or clause of this ordinance is for <br />any reason held to be unconstitutional, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council hereby declares that it would <br />have passed this ordinance and each section, subsection, phrase or clause thereof <br />irrespective of the fact that any one or more sections, subsections, phrases, or clauses <br />be declared invalid or unconstitutional. <br /> <br /> Section 6. The Clerk of the Council shall certify to the adoption of this <br />ordinance and cause the same to be published in the manner prescribed by law. <br /> <br /> Section 7. This ordinance is introduced, passed and adopted at one and the <br />same meeting and is thereafter immediately effective. The City Council finds that this <br />ordinance is necessary to protect the public safety, health and welfare. The reasons for <br />the emergency are set forth in the Recitals and Section 1 of this ordinance. <br /> <br />ADOPTED this ___ day of ___________________, 2022. <br /> <br /> <br /> _______________________ <br /> Vicente Sarmiento <br /> Mayor <br /> <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br /> <br />_______________________________ <br />Laura A. Rossini <br />Chief Assistant City Attorney <br /> <br /> <br /> <br />