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ORDINANCE NO._______________
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,
STATE OF CALIFORNIA
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AN ORDINANCE ADDING AMENDING TITLE 4, CHAPTER 4.96 SECTION, 4.96.040 OF THE SAN MATEO COUNTY ORDINANCE CODE REGULATING SMOKING IN CERTAIN AREAS
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The Board of Supervisors of the County of San Mateo hereby declares and finds as follows:
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A. The Surgeon General of the United States has concluded that exposure to environmental tobacco smoke (ETS), commonly known as secondhand smoke or passive smoke, causes lung cancer in adults and respiratory problems in children;
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B. The United States Environmental Protection Agency (EPA) conducted its own risk assessment of the health effects of ETS which not only reaffirmed the Surgeon General’s conclusions, but identified ETS as a Group A carcinogen, estimating that it causes approximately 3,000 lung cancer deaths each year in nonsmoking adults;
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C. The EPA has also identified ETS as a serious and substantial health risk for non-smokers, particularly children, estimating that every year, ETS is responsible for thousands of new asthma cases in children, up to one million asthma exacerbations, and up to 300,000 cases of bronchitis and pneumonia in toddlers, approximately 15,000 of which require hospitalization;
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D. The California Environmental Protection Agency (Cal/EPA) has conducted a comprehensive assessment of the range of health effects connected with ETS exposure, and concluded that ETS causes not only lung cancer in adults and respiratory problems in children, but also low birth weight, sudden infant death syndrome, middle ear infections, nasal sinus cancer, and heart disease morbidity and mortality;
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E. The County Health Officer recognizes that outdoor secondhand smoke can expose nonsmokers to toxic particulate concentrations which contribute to disease and or aggravate existing illnesses;
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F. The California Coastal Commission has reported that during its 2002 Coastal Cleanup Day volunteers collected 861,000 pounds of trash and recyclables, including more than 305,000 cigarette butts, from California shorelines;
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G. Cigarette and cigar butts as well as used matches dropped into the sand on public beaches not only constitute a substantial source of environmental pollution, but more importantly create a health hazard to children who play in the sand and may ingest such debris;
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H. Public parks, beaches and trails are recreational areas which are host to millions of visitors and families each year, with substantially larger concentrations of beach goers during the summer months;
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I. Tobacco smoke is a hazard to the health of the general public and county workers and represents an annoyance which should be regulated and banned on public parks, beaches and trails to the end that air quality in such recreational areas be improved for the preservation and improvement of the public’s health;
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J. According to the United States Fire Administration, smoking is the third leading cause of wildfires in the United States and it causes 8% of all outdoor fires. Based on data from 1996-1998, there are on average 867,300 outdoor fires each year that result in 30 civilian deaths and $55.3 million dollars in damage;
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K. The Board of Supervisors recognizes the County’s commitment toward establishing, maintaining and promoting a healthy and safe recreational environment and reducing known health and safety risks of the public at large;
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L. Banning smoking on public parks, beaches and trails is necessary to protect the public health, safety and welfare of county residents, workers and visitors.
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WHEREFORE, the Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:
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SECTION 1. Subsection (c) is hereby added to Section 4.96.040 of Chapter 4.96, Title 4 of the San Mateo County Ordinance Code and shall read as follows:
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(c) Within any area, including public parking areas, of county owned, operated or maintained beaches, parks and trails, including but not limited to the following: Coyote Point Marina; Coyote Point Park, Crystal Springs Trail, Edgewood Park and Natural Reserve, Fitzgerald Marine Reserve, Flood Park, Huddart Park, Junipero Serra Park, Memorial/Pescadero Park, Mirada Surf East and Mirada Surf West, Sanchez Adobe, Sam McDonald Park, San Bruno Mountain Park, San Pedro Valley Park, Woodside Store, and Wunderlich Park.
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SECTION 2. This Ordinance shall be effective thirty (30) days from the passage date thereof.
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