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ORDINANCE NO. NS-2203 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />AMENDING SECTIONS 18-39 AND 18-40 OF THE <br />SANTA ANA MUNICIPAL CODE TO PROHIBIT <br />SMOKING IN CITY BUILDINGS <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br /> SECTION 1: That section 18-39 of the Santa Ana Municipal Code <br />his hereby amended to read as follows; <br /> <br />Sec. 18-39. Definitions. <br /> <br /> City building means a building, or portion of a building, <br />owned, leased or otherwise occupied by the city. <br /> <br /> Smoke or smoking as used in this Article II shall include the <br />carrying, holding, possession or smoking of a lighted pipe or cigar <br />or cigarette of any kind, or the lighting of a pipe, cigar or <br />cigarette of any kind. <br /> <br /> SECTION 2: That section 18-40 of the Santa Ana Municipal Code <br />his hereby amended to read as follows; <br /> <br />Sec. 18-40. Prohibition in city buildings. <br /> <br /> (a) Except as otherwise provided in subsection (b) of this <br />section, no person shall smoke in any city building. Violation of <br />this section shall be an infraction as specified in section 19.6 of <br />the Penal Code of the State of California. <br /> <br /> (b) Subsection (a) of this section shall not apply to the <br />following areas: <br /> <br />(1) Open-air entryways, courtyards or balconies. <br /> <br />(2) Parking structures. <br /> <br />(3) Any area of a building occupied by a tenant <br /> pursuant to a lease agreement with the city. <br /> <br /> SECTION 3: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the validity <br /> <br /> <br />