A.
The
city council finds that the prohibition on smoke shops are necessary
for the preservation and protection of the public peace, health, safety,
and welfare for the city and its community. The city council's prohibition
of such activities is within the authority conferred upon the city
council by the California Constitution and other state law.
B.
The
city council finds that this chapter: (1) exercises its local authority
to enact and enforce local regulations and ordinances, including those
regarding the zoning, permitting, licensing, or other entitlement
of the activities prohibited by this chapter; and (2) exercises its
police power to enact and enforce regulations for the public benefit,
safety, and welfare of the city and its community.
(Ord. 1145 § 2, 2021; Ord. 1946 § 2, 2021)
has the same meaning as set forth in Business and Professions
Code, Section 26001(h) as the same may be amended from time to time.
has the same meaning as set forth in California Health and
Safety Code Section 11014.5(a) as may be amended from time to time.
has the same meaning as set forth in California Revenue and
Taxation Code Section 30121(c) as may be amended from time to time.
has the same meaning as "Shisha tobacco product" as set forth
in California Health and Safety Code Section 104559.5(a)(13) as may
be amended from time to time.
means any establishment, premises, facility, business or
any other location where more than fifteen percent of the floor space
is dedicated to the sale, display, marketing, or exchange of tobacco
or tobacco products, smoking devices, electronic cigarettes, or drug
paraphernalia.
means any product intended to facilitate the consumption,
absorption, preparation or inhalation tobacco or tobacco products,
cannabis products, shisha, electronic cigarettes or any other substance
regulated under the Controlled Substances Act 21 U.S.C. 801 et seq.,
including, but not limited to, drug paraphernalia.
has the same meaning as set forth in California Health and
Safety Code Section 104495(a)(8) as may be amended from time to time.
(Ord. 1145 § 2, 2021; Ord. 1946 § 2, 2021)
Smoke shops are expressly prohibited in all zones, all specific plans, and all overlay zones in the City of Pico Rivera. No business license, use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a smoke shop in any zoning district, and no person shall establish, operate, conduct or allow a smoke shop anywhere within the city limits. Smoke shops legally operating at the time of the adoption of the ordinance codified in this chapter would be permitted to continue operating in the city and apply for renewals of licenses, which would be subject to approval or denial under existing standards. The city would also reserve the right to suspend or revoke any existing permit, license, or entitlement under existing standards. Existing smoke shops shall not be permitted to intensify, expand, or relocate the use within the city and shall be subject to the provisions of Chapter 18.54 (Nonconforming Uses) of this code.
(Ord. 1145 § 2, 2021; Ord. 1946 § 2, 2021)
A.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and may be subject to the penalties set forth in Chapter 1.20 of this code. Any such person shall be guilty of a separate offense for each and every day a violation of the provisions of this chapter is committed, continued, or permitted to be continued by such person.
B.
In addition
to any other enforcement permitted by this chapter, the city prosecutor
or city attorney may enforce any violation of this chapter by means
of an administrative or civil enforcement process through a restraining
order, a preliminary or permanent injunction, or by any other means
available by law. The city prosecutor or city attorney may be awarded
costs, including the costs of investigation and discovery and reasonable
attorney's fees, in connection with such civil enforcement process.
(Ord. 1145 § 2, 2021; Ord. 1946 § 2, 2021)
Any use or condition caused, or permitted to exist, in violation
of any provision of this chapter shall be, and hereby is declared
to be, a public nuisance and may be summarily abated by the city pursuant
to Code of Civil Procedure Section 731, Pico Rivera Municipal Code,
or any other remedy available to the city at law or equity.
(Ord. 1145 § 2, 2021; Ord. 1946 § 2, 2021)
