The "No Tobacco" Fiasco

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
Regular Meeting
September 13, 2006

I. CALL TO ORDER AND ROLL CALL

COMMISSIONERS:
ALAN HEWER
KEN TALMAGE
ROBIN WILSON
BILL STRID, CHAIRMAN

XI. SIGNS
City of Carmel
West end of Ocean Avenue, the Del Mar parking area and Scenic bet Del Mar & Santa Lucia Block(s) C1, C2, A1, A2, A3, A4, and A5

Consideration of a Municipal Project and Coastal Development Permit for the installation of “No Tobacco” signs in the public right-of-way on Scenic Road and Del Mar between Ocean and Santa Lucia Avenues in the Single Family Residential (R-1), Beach and Riparian (BR), Archaeological Significance (AS) and Park (P) Overlay Districts

At the Planning Commission meeting, Assistant Planner Nathan Schmidt stated to Commissioners, “In order to be more consistent with the ordinance, staff recommends the signs say, ‘No Smoking.'” During their deliberations, Planner Commissioner Ken Talmage stated, “...I hope we don’t walk down the beach and have the experience totally ruined by signs everywhere.” The Commissioners voted to approve signs with “No Smoking” language.

Note: Apparently, City Forester, Parks & Beach Mike Branson had already ordered 18 “No Tobacco” signs, even though the language in the Ordinance and the Amended Ordinance passed by the City Council in November 2005 used “No Smoking.” The California Coastal Commission will ultimately have to approve the installation of the “No Smoking” signs along the Scenic Road Beach Bluff Pathway.

MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 1, 2005

IX. ORDINANCES
A. Consideration of an Ordinance Amending Title 8, Chapter 8.36.020, of the Municipal Code to prohibit smoking on Carmel Beach and the Beach Bluff Pathway. (2nd Reading)

Mike Branson, City Forester, presented the report and noted the changes made to the ordinance at the first reading.

Mayor McCloud declared the public hearing open at 5:19 pm.

Janet Meyer, Barbara Livingston and Jim Belk addressed the Council.

Mayor McCloud declared the public hearing closed at 5:27 pm.

MAYOR McCLOUD moved adoption of the Ordinance Amending Title 8, Chapter 8.36.020, Of The Municipal Code To Prohibit Smoking On Carmel Beach and the Beach Bluff Pathway, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: HAZDOVAC, ROSE and McCLOUD
NOES: CUNNINGHAM
ABSENT: BETHEL
ABSTAIN: NONE


Carmel-by-the-Sea Municipal Code
Title 8
HEALTH AND SAFETY*
Chapter 8.36
SMOKING REGULATIONS FOR PUBLIC PLACES*

8.36.010 Definitions.
The terms “smoke” or “smoking” are defined for the purposes of this chapter to include the carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind, or the lighting of any pipe, cigar or cigarette. (Ord. 76-1 § 1, 1976; Code 1975 § 699.2).

8.36.020 Smoking Prohibited in Certain Public Places.

F. Smoking is prohibited and is unlawful within the boundaries of Carmel Beach, on the Beach Bluff Pathway and within any public beach access way including but not limited to stairways and walkways adjoining public beach areas. Carmel Beach is defined as public lands: west and south of private property along Carmel Way; west of private property on the west side of San Antonio Avenue between 2nd Avenue and Ocean Avenue; west of San Antonio Avenue between 4th Avenue and Ocean Avenue; north of Ocean Avenue between San Antonio Avenue and Del Mar Avenue; west of Del Mar Avenue; west of private property on the west side of Scenic Road between Ocean Avenue and 8th Avenue; and west of the Scenic Road pedestrian pathway between 8th Avenue and the City limit. (Ord. 2005-05 § 1, 2005; Ord. 76-1 § 1, 1976; Code 1975 § 699.3).

8.36.040 Violation – Penalty.
Any person who shall violate the provisions of this section shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not to exceed $25.00 for each such violation. (Ord. 76-1 § 1, 1976; Code 1975 § 699.5).