2018/01/23 City Council Ordinance 915ORDINANCE NO. 915
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
CHAPTER 8.32 (USE OF TOBACCO AND ELECTRONIC CIGARETTES) OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, numerous studies have determined that smoking is a major contributor to
indoor air pollution; and
WHEREAS, the Surgeon General of the United States has documented that breathing
secondhand smoke is a significant health hazard, particularly to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function; and
WHEREAS, breathing secondhand smoke has been determined to be a health hazard by
increasing the incidence of lung cancer, bronchitis, and respiratory infection while decreasing
exercise tolerance and respiratory function; and
WHEREAS, non-smokers who suffer from allergies, respiratory diseases, or the negative
effects of breathing secondhand smoke or aerosol emissions from electronic cigarettes may
experience a loss of job productivity or may be forced to take periodic sick leave because of
adverse reactions; and
WHEREAS, persons, particularly employees and tenants in multi -unit buildings, have a
right to a smoke free environment if they desire; and
WHEREAS, secondhand smoke exposure causes as many as three hundred thousand
children in the United State[s] to suffer from lower respiratory tract infections, exacerbates
childhood asthma, and increases the risk of acute chronic, middle ear infections; and
WHEREAS, as aerosol emissions from electronic cigarettes have been found to contain
as least ten chemicals that are on California's list of chemicals known to cause cancer, birth defects,
or other reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene,
lead, nickel, nicotine, N-nitrosonornicotine, and toluene, secondhand exposure to e -cigarette
aerosol is a health concern; and
WHEREAS, people exposed to aerosol emissions from electronic cigarettes absorb
nicotine, a substance that can cause cancer, birth defects, or reproductive harm, at levels
comparable to secondhand smoke, and are also exposed to volatile organic compounds and other
particulate matter that can lead to tissue inflammation; and
WHEREAS, in 2009 the City of Rohnert Park ("City") adopted Chapter 8.32 (Use of
Tobacco) as a comprehensive ordinance to address the impacts of smoking on public health; and
WHEREAS, on February 28, 2017, the City approved an amendment to Chapter 8.32 of
the Municipal Code to include electronic cigarettes; and
WHEREAS, at the May 23, 2017 City Council hearing, the Council discussed further
updates to Chapter 8.32 and directed staff to return with an amended ordinance that expands the
focus from tobacco to smoking and secondhand smoke and includes additional revisions for their
consideration.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. FINDINGS
The City Council finds that:
Ord. 915
Exhibit A to Ordinance
Chapter 8.32 - SMOKING AND SECONDHAND SMOKE
8.32.010 — Purpose and Intent.
The purpose and intent of this chapter is to provide for the health, safety, and welfare of individuals
residing, working, or visiting in the city of Rohnert Park by limiting exposure of secondhand smoke to
nonsmokers, especially children; by protecting the public from smoking and smoking-related litter and
pollution; and, by affirming and promoting a healthy environment in the city.
8.32.020 - Findings.
A. Numerous studies have determined that smoking is a major contributor to indoor air pollution.
B. The Surgeon General of the United States has documented that breathing secondhand smoke is
a significant health hazard, particularly to elderly people, individuals with cardiovascular disease,
and individuals with impaired respiratory function.
C. Breathing secondhand smoke has been determined to be a health hazard by increasing the
incidence of lung cancer, bronchitis, and respiratory infection while decreasing exercise
tolerance and respiratory function.
D. Non-smokers who suffer from allergies, respiratory diseases, or the negative effects of breathing
secondhand smoke or aerosol emissions from electronic cigarettes may experience a loss of job
productivity or may be forced to take periodic sick leave because of adverse reactions.
E. Persons, particularly employees and tenants in multi -unit buildings, have a right to a smoke free
environment if they desire.
F. Secondhand smoke exposure causes as many as three hundred thousand children in the United
State[s] to suffer from lower respiratory tract infections, exacerbates childhood asthma, and
increases the risk of acute chronic, middle ear infections.
G. As aerosol emissions from electronic cigarettes have been found to contain as least ten
chemicals that are on California's list of chemicals known to cause cancer, birth defects, or other
reproductive harm, including acetaldehyde benzene, cadmium, formaldehyde, isoprene, lead,
nickel, nicotine, N-Nitrosonornicotine, and toluene, secondhand exposure to e -cigarette aerosol
is a health concern.
H. People exposed to aerosol emissions from electronic cigarettes absorb nicotine, a substance
that can cause cancer, birth defects, or reproductive harm, at levels comparable to secondhand
smoke, and are also exposed to volatile organic compounds and other particulate matter that
can lead to tissue inflammation.
I. It is within the city's authority under its police power to implement and enforce the provisions
of this chapter.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 904, § 2, 3-14-2017; Ord. No. 915, § 2A, 1-23-18)
8.32.030 - Definitions.
A. "Business" means the sole proprietorship, partnership, joint venture, corporation, association,
nonprofit or other entity formed for public interest or profit-making purposes or that has an
employee as defined in this section.
B. "Common area" means any area of a multi -unit building which residents of more than one (1)
unit of that multi -unit building are entitled to enter or use, including but not limited to halls,
pathways, lobbies, courtyards, elevators, stairwells, community rooms, laundry facilities, picnic
areas and other shared eating areas, playgrounds, swimming pools, gym facilities, parking
garages, parking lots, shared restrooms and shared cooking areas.
C. "Electronic smoking device" means an electronic and/or battery operated device, which can
provide an inhalable dose of nicotine, cannabis, whether recreational or medicinal, or other
vaporized liquids to the person inhaling the device, including, but not limited to, an electronic
cigarette, cigar, pipe, or hookah. "Electronic smoking device" does not include any product
specifically approved by the United States Food and Drug Administration for the use in the
mitigation, treatment, or prevention of disease.
D. "Employee" means any person who is employed; retained as an independent contractor by an
employer, as defined in this section; or any person who volunteers his or her services for any
employer, association, business, nonprofit or volunteer entity.
E. "Employer" means any person, partnership, corporation, association, nonprofit, or other entity
who employs or retains the services of one or more persons or supervises volunteers.
F. "Enclosed area" means closed in by a roof and four walls (with the appropriate openings for
egress and ingress). This would include but not be limited to lobbies, lounges, waiting areas,
elevators, hallways, restrooms, stairwells, common areas (e.g., laundry and recreation rooms
within a multi -unit building), that are a structural part of the building.
G. "Existing unit" means a unit that was issued a certificate of occupancy or received a final
inspection prior to the effective date of the ordinance codified in this chapter.
H. "Landlord" means any person who owns property let for residential use, any person who lets
property, and any person who manages such property, except that "landlord" does not include a
master tenant who sublets a unit as long as the master tenant sublets only a single unit of a
multi -unit residence.
I. "Multi -unit building" means a building or portion thereof that contains two or more units with
one or more shared walls, floors or ceilings, including but not limited to apartments, residential
cooperatives, residential condominiums, duplexes, residential care facilities for seniors licensed
by the State of California and other attached housing. "Multi -unit residence does not include:
1. A hotel or motel;
2. A mobile home park;
3. A campground;
4. A single-family detached residence;
5. A single-family home with an attached or detached second dwelling unit as defined by
Government Code Section 6582.2 when permitted pursuant to local ordinance and/or
applicable state law.
J. "New unit" means a unit within a multi -unit building that is issued a certificate of occupancy or
final inspection on or after January 12, 2018, and a unit that is leased or rented for the first time
on or after January 12, 2018.
K. "Nonprofit entity" means any entity that meets the requirements of California Corporations
Code Section 5003 as well as any corporation, unincorporated association or other entity
created for charitable, religious, philanthropic, educational, political, social or similar purposes,
the net proceeds of which are committed to the promotion of the objectives or purposes of the
entity and not to private gain. A public agency is not a nonprofit within the meaning of this
section.
L. "Outdoor dining area" means any outdoor area, including streets and sidewalks, which is
available to or customarily used by the general public or an employee, and which is designed,
established, or regularly used for consuming food or drink.
M. "Place of employment" means any area under the control of an employer or business where an
employee can be found to frequent during the course of a work day. For example, cafeterias,
conference rooms, lobbies, lounges (break rooms), elevators, hallways, restrooms, stairwells,
vehicles and work areas.
N. "Playground" means any park designed in part to be used by children that has play or sports
equipment installed or has been designated or landscaped for play or sports activities, or any
similar facility located on public or private school grounds, or on City grounds.
O. "Private smokers' lounge" means an area that is attached to and incidental to a tobacco store
that may be occupied by persons eighteen years of age or older who intend to ingest or inhale
any electronic cigarette, smoking tobacco or tobacco product by means of a pipe, cigar,
cigarette or any other method. Private smokers' lounges do not include hookah bars which are
prohibited in the city of Rohnert Park pursuant to Municipal Code, Chapter 8.33 (prohibition of
head shops, hookah bars, tobacco vending machines and self-service displays).
P. "Public place" means any area, publicly or privately owned, which is open to the general public
regardless of any fee or age requirement, including but not limited to streets, sidewalks, plazas,
and courtyards; clubhouses, meeting halls, and community centers; elevators, restrooms,
lobbies, public hallways, and waiting rooms; banks, retail stores, galleries, aquariums, libraries
and museums; bars, restaurants, and clubs; and taxis and buses.
Q. "Reasonable distance" means a distance that ensures that occupants of an area in which
smoking is prohibited are not exposed to secondhand smoke created by smokers outside the
area. The distance shall be a minimum of twenty-five (25) horizontal feet.
R. "Recreational area" means any area, publicly or privately owned, which is open to the public for
recreational purposes regardless of any fee or age requirement, including but not limited to
parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails,
bike paths, swimming pools, sporting facilities, stadiums, roller and ice skating rinks, skateboard
parks, and amusement parks.
S. "Service line" means any publicly or privately owned area, including streets and sidewalks, that
is designed to be used or is regularly used by one or more persons to receive a service, wait to
receive a service, or make a transaction, whether or not such service or transaction involves the
exchange of money. The term "service line" includes, but is not limited to, information kiosks,
automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or taxi
stands.
T. "Smoking" means and includes inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco, cannabis, or any other weed or
plant product intended for inhalation, whether natural or synthetic, in any manner or in any
form. "Smoking" includes the use of an electronic cigarette, electronic smoking device that
creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device
for the purpose of circumventing the prohibition of smoking.
U. "Tobacco product" means any of the following: (i) a product containing, made, or derived from
tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited
to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; (ii) an electronic
cigarette; or (iii) any component, part, or accessory of a tobacco product, whether or not sold
separately.
V. "Tobacco store" means a retail store utilized primarily for the sale of tobacco products and
tobacco accessories and for which the sale of other products is merely incidental. A retail
establishment that devotes more than 50% of the floor area and/or derives over 50% of revenue
from tobacco products and tobacco accessories is considered a tobacco store.
W. "Unenclosed area" means any area which is not an enclosed area.
X. "Unit" means a personal dwelling space within a multi -unit building, even where lacking cooking
facilities or private plumbing facilities, including but not limited to a "dwelling unit" as defined in
Chapter 17.04 of the Rohnert Park Municipal Code. "Unit" includes but is not limited to an
apartment; a common interest development such as a condominium, townhouse or tenant-in-
common; a room in a dormitory; a room in a senior citizen residence, nursing home, assisted
living facility, or long-term health care facility; a room in a single room occupancy ("SRO")
facility; and a room in a homeless shelter. "Unit" also includes any associated exclusive use
enclosed area or unenclosed area, such as a private balcony, porch, deck, or patio.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 904, § 3, 3-14-2017; Ord. No. 915, § 2A, 1-23-18)
8.32.040 — Secondhand smoke — Declaration of a nuisance.
Secondhand smoke produced in violation of this Chapter constitutes a nuisance. Notwithstanding any
other provisions of this chapter, a private citizen may bring a legal action to abate conduct in violation of
this chapter resulting in exposure to secondhand smoke.
(Ord. No. 915, § 2A, 1-23-18).
8.32.050 — Places where smoking is prohibited
A. Enclosed Areas. Smoking shall be prohibited in the following enclosed areas within the city
unless specifically exempted pursuant to Section 8.32.060 of this chapter (Exceptions) and
except in such places in which smoking is already prohibited by state or federal law, in which
case the state or federal law shall apply.
1. Any place of employment;
2. Public places, whether publically or privately operated;
3. Recreational areas;
4. All buildings and vehicles owned, leased, operated or controlled by the city;
5. Multi -unit buildings and enclosed common areas;
6. Any elevator, public restroom, service line (i.e. ATM), bus, limousine, taxi cab, train, or
other public transportation vehicle;
7. Any vehicle that is occupied by a minor (person under the age of eighteen years of age);
8. On the premises of a licensed day care center and in a licensed family day care home; and
9. On the premises of a licensed, long-term, health care facility.
(Ord. No. 813, § 4A, 4-28-2009, Ord. No. 915, § 2A, 1-23-18)
B. Unenclosed Areas. Smoking shall be prohibited in the following unenclosed areas within the
city unless regulated by more restrictive state or federal law, in which case the state or federal
law applies, or specifically exempted under Section 8.32.060 of this chapter.
1. The strip of land which is located approximately one hundred feet south of the boundary of
University Park Subdivision, immediately adjacent to the north boundary of Rancho Cotati
High School, and within the strip from between the eastern most curb of Snyder Lane to
the western most property line of Sonoma State University and better known by the
Sonoma County Assessor's Office as: APN's 158-230-065; -066, -069 and 158-220-074 and -
075;
2. Multi -unit building common areas; except that a person with legal control over a multi -unit
building common area, such as a landlord or homeowners' association, may designate a
portion of the multi -unit building common area as a smoking area provided that at all times
the designated smoking area meets the reasonable distance criteria set out in Section
8.32.050(C) and in Section 8.32.060(D);
3. Exclusive -use areas associated with a unit of a multi -unit building, such as a private balcony,
porch, deck, or patio;
4. Any service line (i.e., ATM), bus stop, taxi stand or phone booth;
5. Property owned or controlled by the city; provided, that smoking is permitted on streets,
alleys and abutting sidewalks being used in a traditional capacity as pedestrian or vehicular
thoroughfares, unless otherwise prohibited by this chapter or other law;
6. Any private building or structure that is posted as nonsmoking, except while actively
passing on the way to another destination;
7. Recreational areas;
8. Any business or place of employment in which food is being consumed or where setup,
service, and cleanup functions are occurring, including but not limited to: outdoor dining
areas, farmers markets, concerts, fairs and other such events;
9. Public places, when being used for a public event, including a farmers' market, parade, fair,
festival, or any other event which may be attended by the general public; and
10. On the premises of a licensed day care center or licensed family day care home.
C. Smoking shall be prohibited within twenty-five feet of any entrance, doorway, window,
opening, crack, or vent into an enclosed area in which smoking is prohibited under Subsection
A of this Section, and within twenty-five feet of an unenclosed area where smoking is
prohibited under Subsection B of this Section, except while actively passing on the way to
another destination and provided smoke does not enter any area in which smoking is
prohibited.
D. Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control
over any property from prohibiting smoking on any part of such property, even if smoking is not
otherwise prohibited in that area.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 915, § 2A, 1-23-18)
8.32.060 — Exceptions.
Notwithstanding Section 8.32.050, the following are exceptions to the smoking prohibitions for enclosed
and unenclosed areas.
A. A private smokers' lounge attached to a tobacco store, subject to the following:
The tobacco store must have a conditional use permit and be located on a site that is
zoned for "C-R" - Regional Commercial land uses;
The tobacco store shall have a minimum separation of five hundred feet between the
use and a school, religious assembly, public facility, multi -unit residential development
or another tobacco store; and
The tobacco store shall not include a head shop or hookah bar. The city of Rohnert
Park prohibits head shops and hookah bars pursuant to Municipal Code, Chapter 8.33
(prohibition of head shops, hookah bars, tobacco vending machines and self-service
displays).
B. Medical research or treatment sites, if smoking is integral to the research and treatment being
conducted.
C. A private residence, unless expressly prohibited by Sections 8.32.050 (prohibition on smoking
in enclosed areas and unenclosed areas) e.g., licensed day care facility, licensed health care
facility or multi -unit residential development.
D. As stipulated in Section 8.32.050(B)(2), a portion of the common area of a multi -unit building
may be designated as a smoking area subject to the following provisions:
1. Must be located at least twenty-five feet from any enclosed area where smoking is
prohibited;
2. Must not include, and must be at least twenty-five feet from any unenclosed area
primarily used by children including, but not limited to, areas improved or designated
for play or swimming;
3. Must have a clearly marked perimeter;
4. Must be identified by conspicuous signs; and
5. Must not overlap with any area in which smoking is otherwise prohibited by this
chapter
E. Public streets, alleys and abutting sidewalks, unless otherwise prohibited, and only when the
streets, alleys or abutting sidewalks are being used in their traditional capacity as pedestrian or
vehicular thoroughfares to travel from one destination to another.
F. Private automobiles.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 915, § 2A, 1-23-18)
8.32.070 - Duty of employer, business, nonprofit entity, or landlord.
A. No employer, business, nonprofit entity, or landlord shall knowingly or intentionally permit
smoking in an area that is under the control of an employer, business, nonprofit entity, or
landlord and in which smoking is prohibited.
B. No employer, business, nonprofit entity, or landlord shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as, without limitation, ash trays or cans, within
an area which is under the control of the employer, business, nonprofit entity, or landlord, and
in which smoking is prohibited, including, without limitation, inside the perimeter of any
reasonable distance required by this chapter.
C. Any employer or business entity that permits a nonemployee access to its place of employment
or business on a regular basis has not acted knowingly or intentionally if it has taken the
following reasonable steps to prevent smoking by a nonemployee:
1. Posted clear and prominent signs, as follows:
a. Where smoking is prohibited throughout the building or structure, a sign stating "No
Smoking" shall be posted. The "No Smoking" sign shall be of letters that are a
minimum of one inch in height or the international "no smoking" symbol. The sign
shall be clearly and conspicuously posted on the exterior of every building or other
place where smoking is controlled by this chapter, by the owner, operator, manager,
or other person having control of such building or other place. The sign shall include
the distance limitations contained in Sections 8.32.050(A)(4) and (5) of this chapter as
applicable; and
b. Where smoking is permitted in designated areas of the building or structure, a sign
stating "Smoking Is Prohibited Except in Designated Areas" shall be posted at each
entrance to the building or structure.
2. Has requested, when appropriate, that a nonemployee who is smoking refrain from
smoking.
D. Notwithstanding any other provision of this chapter, any employer, business entity or person
who controls any area may declare that any part of such area in which smoking would otherwise
be permitted to be a nonsmoking area.
E. Every landlord of a multi -unit building, as defined in this chapter, in order to demonstrate
compliance with the applicable provisions in this chapter, shall at a minimum include in every
lease or rental agreement a provision prohibiting any smoking within any such unit, including
any exclusive use areas such as patios, balconies and porches, as well as in common areas and
on the property, as a whole. Such provision, which may be incorporated by amendment to
house rules applicable to the property, shall (1) state that any violation of the smoking
prohibition by, through or under control of the tenant be construed as a material breach of the
lease or rental agreement, and (2) be included in any rental or lease agreement at the soonest
date possible for those units already in existence and occupied pursuant to a lease other than a
month-to-month lease as of the effective date of the ordinance. Units rented or leased on a
month-to-month basis, and owner -occupied multi -unit building residences shall be converted to
nonsmoking no later than 60 days from the effective date of this ordinance.
F. Compliance with the requirement set forth in subsection E of this section shall not excuse the
landlord of a multi -unit building from taking appropriate steps to ensure tenant compliance with
this chapter, Landlord shall be prepared to respond to and address complaints from other
tenants on the property of violations of the smoking prohibitions.
G. For purposes of this chapter, appropriate steps shall include the following
1. Posting signs in compliance with the requirements of this chapter.
Sending every tenant written information on an annual basis for the first three years
following the adoption of this ordinance about the requirements of this chapter, to
include no smoking requirements and the location, if any, of a designated smoking area
on the property.
Notifying each tenant who is the subject of a smoking complaint of the requirements of
this chapter as well as the fact that a compliant was lodged against the tenant and
encouraging compliance.
H. So long as the Landlord can demonstrate that it has implemented all of the appropriate steps
towards compliance with this ordinance, Landlord shall not be found in violation of the
ordinance.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 915, § 2A, 1-23-18)
8.32.080 - Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any
employee or applicant for employment because such employee or applicant exercises any rights
afforded by this chapter.
(Ord. No. 813, § 4A, 4-28-2009)
8.32.090 -Violations and penalties.
A. Any violation of any prohibition of this chapter is an infraction, punishable by a fine not to exceed
that which is set by Municipal Code Chapter 1.16 (general provisions).
Smoking in any area where smoking is prohibited by this chapter constitutes a public nuisance and
may be abated as such including the application of any of the enforcement remedies provided in
the city of Rohnert Park's Municipal Code or under any applicable state or federal statute or
pursuant to any other lawful power the city may possess.
C. Any private person who claims violation of this chapter may bring a civil action for damages or for
injunctive relief in accordance with applicable laws governing such civil actions.
(Ord. No. 813, § 4A, 4-28-2009; Ord. No. 915, § 2A, 1-23-18)
8.32.100 - Interpretation.
This chapter shall not be interpreted or construed to permit smoking where is it otherwise
restricted by state or federal law.
(Ord. No. 813, § 4A, 4-28-2009)
8.32.110 - Effective date.
The provisions of this chapter and any amendments thereto shall be effective thirty days from and
after the date of adoption and publication or posting as required by law.
(Ord. No. 813, § 4A, 4-28-2009)
8.32.120 - Statutory severability.
If any section, subsection, sentence or clause or phrase of this chapter is, for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the chapter.
(Ord. No. 813, § 4A, 4-28-2009)
A. The above recitals constitute a part of the findings made by City Council in adopting this
amended ordinance.
B. A public meeting introducing the proposed amendments to the Municipal Code was held
by the City Council on November 28, 2017.
B. In accordance with CEQA Guidelines, Section 15061(b)(3), this is not a project subject to
CEQA in that there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION 2. ADOPTION OF AMENDMENT_ S TO CHAPTER 8.32 OF THE ROHNERT
PARK MUNICIPAL CODE
The City hereby adopts amended Municipal Code Chapter 8.32 in substantially similar form as
attached hereto and incorporated herein as Exhibit A.
SECTION 3. SEVERABILITY
The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of
this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance
is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality
shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences,
clauses, or phrases.
SECTION 4. EFFECTIVE DATE
This ordinance shall go into effect thirty (30) days after its adoption and shall be published or
posted as required by law.
This ordinance was introduced by the Council of the City of Rohnert Park on November 28, 2017
and adopted on January 23, 2018 by the following roll call vote:
AYES: Five (5) CounciltRembers Ahanotu, Belforte, Mackenzie, Callinan and
Mayor Stafford
NOES: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
ATTEST:
to noe M. Buergler, City lerk
Ord. 915
CITY OF ROHNERT PARK
R 4�1�
Pam Stafford, Mayor
AFFIDAVIT O F POSTING
Pursuant to California Govemment Code $ 36933 and S 40806
STATE OF CALTFORNIA )
)ss
County of Sonoma )
l, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No.915.
SUMMARY OF ORDINANCE NO 915 OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
CHAPTER 8.32 (USE OF TOBACCO AND ELECTRONIC CIGARETTES) OF THE MUNICIPAL CODE
was published on December 1,2017 and January 26,2018, as required by law, and posted
in five (5) public places in said City, to:
www.rpcitv.org for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, Calif ornia 94928 on November 29,2017 and January 24,2018.
this
ned
L/1'.\Lvo^i ot J AnV^\Su and sworn
Caitlin Saldanha, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published everY FridaY)
in the
SUPERIOR COURT
of the
STAIE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
CitY of Rohnert Park
SummarY of Ordinance 915
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a
newspaper of general circulation, published in the City of Rohnefi Park, in said County of Sonoma, State of California; that
The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined
by Section 600ó of the Government Code; its status as such newspaper of general circulation having been established by
Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. I
thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and
intelligence of à general character, having a bona fide subscription list of paying subscribers, and is not devoted to the
interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination,
or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said
times said newspaper has been established and published in the said City ofRohnert Park, in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and
expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park,
Summary of Ordinance 915" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive
time(s), commencing on the I day of December,2}l'l and ending on the I day of Decembet,2Ùll.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALIY OF perjury that the foregoing is true and conect.
EXECUTED this 1 day of December, 2017 at Rohne¡t Park, California
Signed
Claudia Smith
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CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 915
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general ci¡culation having been established by Court Decree No. 358 1 5 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published lor
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction ol a particular class, profession, trade,
calling, race or denomination, or for the entefiainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals lor more than one year preceding the first publication ofthis notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purpoft and character of the notice intended to be given; that the " City of Rohnert Park,
Notice Of Public Hearing" of which the annexed is a printed copy, was published in said newspaper at least -l consecutive time(s),
commencing on the 26 day ofJanttary,2018 and ending on the 26 day ofJanuary,2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the loregoing is true and correct
EXECUTED this 26 day of January,2018 at Rohnert Park, Califomia.
Signed
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Claudia Smith Chief Clerk
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