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ORDINANCE NS-2221 Page 4 O85 rooms, buildings, or other places so covered by this article, as reasonably deemed necessary, by the department head, operator, manager, private employer or other person having control of such room, building, or other place. Where possible, ash trays, receptacles or other devices used for extinguishing or discarding smoking materials shall be removed from all "no-smoking" areas. Sec. 18-55. Tobacco vending machine elimination. No cigarette or other tobacco product may be sold, offered £or sale, or distributed from a vending machine in any public place other than a bar. Sec. 18-56. Penalties. Any person who shall violate the provisions of this division shall be guilty of an infraction and upon conviction, shall be punished by a fine not to exceed one hundred dollars ($100.00) per violation, per day. SECTION 3: The City Council of the City of Santa Ana finds and declares that tobacco smoking is a hazard to the health of the general public. Studies clearly demonstrate that smoking is a hazard to the health of those who smoke. Smoking is responsible for the premature death of approximately 3,000 Orange County residents each year from lung cancer, heart disease, respiratory illness, and other diseases. The Environmental Protection Agency (EPA) has concluded that second-hand tobacco smoke is a human carcinogen and responsible for over 3,000 lung cancer deaths in nonsmoking adults each year. Therefore, second-hand smoke is a proven health hazard to those who are present in confined spaces. In order to serve the public health, safety and welfare, the declared purpose of this division is to prohibit the smoking of tobacco, or any weed or plant, in buildings or motor vehicles owned or leased by the city of Santa Ana and in City of Santa Ana spaces in buildings partially leased by the City of Santa Ana, and in certain other places subject to the jurisdiction or control of the city of Santa Ana, except as otherwise provided in this division. The City Council further declares that the protection of the health, safety and welfare of the public, both smokers and nonsmokers, requires the prohibition of smoking in the private workplace. In addition, the city of Santa Ana declares that vending machines which sell or distribute tobacco products contribute to the onset of tobacco use. Studies have found that ninety (90) percent of all current smokers become addicted by the age of 19. Therefore, the U.S. Secretary of Health, the U.S. Surgeon General, and leading voluntary health organizations all recommend the elimination of such vending machines in public places for health reasons. 4