City Council

10C. Reintroduction of City Council Ordinance No. 2023-02 amending Encinitas\nMunicipal Code Chapter 11.08 and repealing Chapter 11.09 establishing a\ncitywide smoking ban in all public places. CASE NUMBER: PLCY-005913-\n2023; LOCATION: Citywide. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the provisions of the California\nEnvironmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA\nGuidelines because it is an activity undertaken "to assure the maintenance,\nrestoration, enhancement and protection of the environment" and pursuant to\nSection 15061(b)(3) because there is no possibility that the activity in question\nmay have a significant effect on the environment. To the extent that the\nordinance applies to places of employment, it regulates working conditions by\nensuring that employees and volunteers are not exposed to the harmful\neffects of second-hand smoke and is therefore categorically exempt from\nCEQA pursuant to Section 15324(c) of Title 14 of the California Code of\nRegulations ("CEQA Guidelines"). Section 15324(c) exempts regulation of\n"working conditions where there will be no demonstrable physical changes\noutside the place of work." Contact Person Sustainability Manager Najera\nRecommended Action: Reintroduce City Council Ordinance No. 2023-02,\ntitled "An Ordinance of the City Council of the City of Encinitas amending\nChapter 11.08 (Smoking) of the Encinitas Municipal Code to establish a\ncitywide ban on smoking in public places, and repealing Chapter 11.09\n(Smoking Prohibited in Beaches, Parks, Trails, and Outdoor/Patio Dining\nAreas of Eating Establishments) of the Encinitas Municipal Code."\n2023-03-15 Item 10C Smoking Ban Reintroduction\n2023-03-15 Item 10C Smoking Ban Reintroduction