Lakewood Municipal Code Part 1 Legislative Findings

The City Council hereby finds:

A. Based upon the United States Surgeon General's Report on health consequences of second-hand tobacco smoke the medical community has generally concluded that non-smokers subjected to tobacco smoke are at risk for the development of lung cancer. In addition there are other serious health consequences including respiratory malfunctions and irritation that may result from inhaling tobacco smoke.

B. Non-smokers should have a right to be free from exposure to second-hand tobacco smoke from those who use tobacco.

C. The California Legislature by the California Indoor Clean Air Act of 1976, California Health and Safety Code 25940 et seq. has found and declared that tobacco is a hazard to the health of the general public and although the State Legislature by the aforementioned act has adopted some regulations pertaining to smoking in places of public assembly, health facilities, restaurants, retail food establishments, elevators and public conveyances, many other places where the public congregate as well as retail stores, work places and other facilities are without any regulation.

D. The City Council concurs in the findings of the California Legislature and the United States Surgeon General and in addition finds that the California Indoor Clean Air Act of 1976, as amended, should be expanded by local regulation not in consistent with the provisions thereof and as authorized by Health and Safety Code 25946 and 25949.6.

E. Based on the aforementioned findings, the City Council should adopt a non-smoking policy applicable to all City owned and maintained facilities and vehicles.

F. In addition based upon the aforementioned findings, the City Council should by ordinance regulate the smoking of tobacco in any enclosure or building in the City where the public is invited to attend as defined in Chapter 3 of Article IX as churches, educational institutions, public libraries and museums, hospitals, convalescent homes and sanitariums (except where authorized by a medical order), retail sales facilities, cafe, food and restaurant facilities, private clubhouses and commercial recreation buildings, anywhere in the City as well as within all building enclosures in any of the commercial or manufacturing zones of the city. As a minimum the regulation should require the owner, proprietor or manager of the foregoing to adopt a non-smoking policy and to post said premises with notices or warnings that smoking is either allowed, prohibited or allowed only in designated areas.

G. The City Council further finds that the regulations herein enacted are not within the provisions of the California Environmental Quality Act in that the effect of this Ordinance is to have a beneficial effect on the public health, safety and welfare rather than an adverse effect and therefore this Ordinance is not a project under CEQA.

The City Council does not intend by the provisions of this Chapter to allow or permit what is now prohibited by the California Indoor Clean Air Act of 1976, Section 25940 et seq. of the California Health and Safety Code. The City Council does intend by this Ordinance to enact additional and more strict regulation than those found in the California Indoor Clean Air Act of 1976 in order to protect the public health, safety and welfare as well as non-smokers who otherwise may be exposed to the deleterious effect of tobacco smoke.