File #: 23-0190    Version: 1 Name:
Type: Legislative Matter Status: Passed
File created: 2/15/2023 In control: City Council
On agenda: 3/1/2023 Final action: 3/1/2023
Title: Ordinance of the City of Corona amending Chapter 8.02 of the Corona Municipal Code relating to a renaming of the Chapter and the inclusion of a declaration of nuisance for secondhand smoke and associated policy for City enforcement of nuisance complaints
Attachments: 1. Staff Report, 2. Chapter 8.02 in Current Form, 3. ORD AMENDING CMC 8.02 TO INCLUDE SECONDHAND SMOKE AS NUISANCE, 4. RESO ESTABLISHING SECONDHAND SMOKE NUISANCE ENFORCEMENT POLICY
REQUEST FOR CITY COUNCIL ACTION





DATE: 03/01/2023

TO: Honorable Mayor and City Council Members

FROM: City Manager's Office

SUBJECT:
Title
Ordinance of the City of Corona amending Chapter 8.02 of the Corona Municipal Code relating to a renaming of the Chapter and the inclusion of a declaration of nuisance for secondhand smoke and associated policy for City enforcement of nuisance complaints

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EXECUTIVE SUMMARY:
This staff report asks the City Council to consider adopting an ordinance declaring secondhand smoke as a nuisance. The proposed ordinance would allow a private residence to abate seconded smoke that encroaches upon his or her property. Additionally, the City Council will consider adopting a City enforcement policy that states that the City will not expend staff time or other resources to enforce the nuisance declaration, clarifying that enforcement is solely a private matter.


RECOMMENDED ACTION:
Recommended action
That the City Council:

a. Introduce, by title only, and waive full reading of Ordinance No. 3365, first reading of an ordinance of the City of Corona, California amending Corona Municipal Code Chapter 8.02 relating to a renaming of the Chapter and the inclusion of a declaration of nuisance for secondhand smoke.

b. Adopt Resolution No. 2023-015 establishing a policy for the City's enforcement of secondhand smoke nuisance complaint and clarifying that enforcement is solely a private matter.

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BACKGROUND & HISTORY:
At the Committee of the Whole (COTW) meeting of November 9, 2023, the City Council received a presentation and provided staff with direction on the development of an ordinance that would declare secondhand smoke as a nuisance and allow for the abatement of secondhand smoke by private citizens. A common complaint that is received from nonsmoking residents is what can they do when a neighbor smokes near their open window during a hot summer. Declaring secondhand smoke a nuisance allows for its abatement when...

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