City of Santa Clara logo

Legislative Public Meetings

Share to Facebook Share to Twitter Bookmark and Share
File #: 19-630    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 5/10/2019 In control: Council and Authorities Concurrent Meeting
On agenda: 7/9/2019 Final action: 7/9/2019
Title: Informational Report on Smoking Ordinance - Training, Policy and Enforcement of Section 8.35.130 "Possession of Tobacco by Persons Under 21 Years of Age"
Attachments: 1. SCPD Policy 411 Cite and Release Policy, 2. SCPD Training Flash.pdf, 3. Agenda Report, 4. Agenda Report
REPORT TO COUNCIL
SUBJECT
Title
Informational Report on Smoking Ordinance - Training, Policy and Enforcement of Section 8.35.130 "Possession of Tobacco by Persons Under 21 Years of Age"

Report
BACKGROUND
On February 5, 2019, the Santa Clara City Council adopted Smoking and Tobacco Regulations Ordinance No. 1996 that expanded restrictions in many public areas and multi-unit residences. These regulations aim to protect Santa Clara residents, employees and visitors from the harmful effects of secondhand smoke.

For the purposes of the law, smoking means inhaling, burning and carrying any lit or heated cigarette, cigar or pipe, electronic and/or battery-operated cigarette or vaporize device and cannabis. Smoking is prohibited in open-air dining areas, public parks, service areas, such as ATMs and transit stops, public places when being used for a public event, such as farmers' markets and parades, and within 30 feet of any operable doorway, window opening, and vent into any enclosed or any unenclosed areas in which smoking is prohibited. Additionally, smoking will be prohibited in multi-unit residences, effective August 1, 2019.

DISCUSSION
During the two public meetings on this topic, several organizations (e.g. Santa Clara County Public Health, NAACP, etc.) expressed concern regarding Municipal Code Section 8.35.130 "Possession of Tobacco by Persons Under 21 Years of Age." It states, "It shall be unlawful for persons under the age of twenty-one (21) years to possess tobacco or tobacco products (including electronic smoking devices and e-liquids whether or not they contain nicotine or tobacco), as defined in Penal Code ?308 and Business and Professions Code ?22950.5, in the City of Santa Clara. This section shall not apply to active duty military personnel of at least 18 years of age."

The addition of this section was a recommendation by the Police Department as a result of California Senate Bill 7, which took effect June 9, 2016. Under the law, the age to p...

Click here for full text