City Council

8E. Adoption of City Council Ordinance No. 2023-02 amending\nEncinitas Municipal Code Chapter 11.08 and repealing\nChapter 11.09 establishing a citywide smoking ban in all public\nplaces. CASE NUMBER: PLCY-005913-2023; LOCATION:\nCitywide. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the provisions\nof the California Environmental Quality Act ("CEQA") pursuant\nto Section 15308 of the CEQA Guidelines because it is an\nactivity undertaken "to assure the maintenance, restoration,\nenhancement and protection of the environment" and pursuant\nto Section 15061(b)(3) because there is no possibility that the\nactivity in question may have a significant effect on the\nenvironment. To the extent that the ordinance applies to\nplaces of employment, it regulates working conditions by\nensuring that employees and volunteers are not exposed to\nthe harmful effects of second-hand smoke and is therefore\ncategorically exempt from CEQA pursuant to Section 15324(c)\nof Title 14 of the California Code of Regulations ("CEQA\nGuidelines"). Section 15324(c) exempts regulation of "working\nconditions where there will be no demonstrable physical\nchanges outside the place of work." Contact Person:\nSustainability Manager Najera\nRecommended Action: Adopt City Council Ordinance No.\n2023-02, titled "An Ordinance of the City Council of the City of\nEncinitas amending Chapter 11.08 (Smoking) of the Encinitas\nMunicipal Code to establish a citywide ban on smoking in\npublic places, and repealing Chapter 11.09 (Smoking\nProhibited in Beaches, Parks, Trails, and Outdoor/Patio Dining\nAreas of Eating Establishments) of the Encinitas Municipal\nCode."\n2023-04-12 Item 08E Smoking Ban Adoption