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HomeMy WebLinkAboutNS-2203 - Amending Sections 18-39 and 18-40 of the Santa Ana Municipal Code to Prohibit Smoking in City BuildingsORDINANCE NO. NS-2203 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 18-39 AND 18-40 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SMOKING IN CITY BUILDINGS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 18-39 of the Santa Ana Municipal Code his hereby amended to read as follows; Sec. 18-39. Definitions. City building means a building, or portion of a building, owned, leased or otherwise occupied by the city. Smoke or smoking as used in this Article II shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. SECTION 2: That section 18-40 of the Santa Ana Municipal Code his hereby amended to read as follows; Sec. 18-40. Prohibition in city buildings. (a) Except as otherwise provided in subsection (b) of this section, no person shall smoke in any city building. Violation of this section shall be an infraction as specified in section 19.6 of the Penal Code of the State of California. (b) Subsection (a) of this section shall not apply to the following areas: (1) Open-air entryways, courtyards or balconies. (2) Parking structures. (3) Any area of a building occupied by a tenant pursuant to a lease agreement with the city. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity ORDINANCE NS-2203 Page 2 of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ~0th day of ~ptember 1993. ATTEST: ~anice C. Guy " ~ Clerk of the Counc~i~ COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye Mills Absent Moreno Aye Norton Aye Richardson Aye APPROVED AS TO FORM: City Attorney © © 0 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance of Santa Ana on with the Charter of the City of Santa Ana. Date: to be the original ordinance adopted by the City Council of the City ~ - ,~tg- ~'3 ; and that said ordinance was published in accordance Clerk of the Council~ City of Santa Ana