HomeMy WebLinkAboutOrdinance No. 10-O4ORDINANCE NO. 10-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE, BY
ADDING SECTION 46-322 PROHIBITING THE SALE OF TOBACCO
PRODUCTS TO A MINOR
WHEREAS, the City of Azusa ("City") is empowered by California Constitution Article
XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordnances
and regulations not in conflict with general laws; and
WHEREAS, nicotine addiction in minors is very different than in adults, often taking
hold within weeks or just days after "youthful experimentation"; and
WHEREAS, three out of four smokers start before they are 18 years old; and
WHEREAS, the City Council desires to protect its residents and minors from the
dangers resulting from the illegal sale of tobacco products to a minor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 46-322 is hereby added to the Azusa Municipal Code to read as
follows:
Sec. 46-322. Sale of tobacco products to a minor --prohibited
(a) It shall be unlawful for a person to sell tobacco products to a person under the
age of eighteen (18) years.
(b) The penalty for selling tobacco products to a person under the age of eighteen
(18) years will be punishable pursuant to the provisions of this Code and shall
be subject to administrative fines of $250 for first offense, and $500 for each
subsequent offense.
SECTION 2. SEVERABILITY.
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 of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
SECTION 3. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental
Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly, or indirectly.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 5. PUBLICATION.
The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be
posted as required by law.
PASSED, APPROVED, AND ADOPTED this 17`h day of May, 2010.
OSEPH R. ROCHA, MAYOR
ATTEST:
MENDOZA, CITY CLERK
I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing
Ordinance No. 10-04 was duly introduced and placed upon its first reading at a regular meeting
of the City Council of the City of Azusa held on the 3'd day of May, 2010, and that thereafter,
said ordinance was duly adopted and passed at a regular meeting of May 17, 2010, by the
following vote of the Council:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA
NOES: COUNCIL MEMBERS: HANKS
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
�„/ VERA MENDOZA, ITY CLERK