A. 
It is unlawful for any person engaged in the manufacture or sale of tobacco products to sell or give tobacco to any individual under the age of 18 years.
B. 
The city council has reviewed statistics prepared by other jurisdictions regarding the harmful effects on minors of outdoor advertising for tobacco products.
C. 
These statistics reveal that children and teenagers are more susceptible to advertising than adults.
D. 
Tobacco was second only to automobiles as the most heavily advertised product in the United States in 1993.
E. 
There is evidence that tobacco product advertising plays a significant role in stimulating illegal consumption of cigarettes by minors.
F. 
Exposure to tobacco advertising reinforces existence use of tobacco products among youth, contributes to higher levels of tobacco product use among youth, and increases intention to use tobacco products among those young people who do not yet consume them.
G. 
Certain studies reveal that outdoor advertisements are a unique and distinguishable medium of advertising which subjects the general public to involuntary and unavoidable forms of solicitation.
H. 
Courts have recognized the positive relationship between advertising and consumption regarding a variety of goods and services.
I. 
Children are exposed to outdoor advertising on a regular basis simply by walking to and from school or playing in their neighborhood, and there exists no practical means of parental monitoring or limited exposure to these public advertisements.
J. 
Tobacco constitutes a substance, which is used by adolescents as a first drug, which appears to generate the use of other drugs at a later time.
K. 
More than three million (3,000,000) minors under the age of 18 consume more than nine hundred forty-seven million (947,000,000) packs of cigarettes annually.
L. 
The state has strongly supported classroom education programs concerning the dangers of tobacco use; however, this message is compromised if there are advertisements near schools and playgrounds that encourage the use of tobacco products.
M. 
Many school districts in the state have endorsed restricting the advertising of tobacco products near schools to avoid sending a mixed message to their students.
N. 
The restrictions contained in this chapter will not unduly burden the legitimate business activities of persons licensed to sell tobacco products on a retail basis, nor prevent adults from obtaining information needed to make lawful purchases.
O. 
By adopting this chapter, the city council intends to narrowly focus its efforts on those advertisements, which most directly affect minors where they live, attend school, and engage in recreational or social activities while protecting legitimate business activities.
P. 
The placement of outdoor advertisements for tobacco and tobacco related products where minors live, attend school and engage in recreational and social activities is injurious to the public health, safety and welfare of the community.
Q. 
The adoption of this chapter is necessary to protect the health, safety and welfare of the community.
(Ord. 251 § 1, 1999)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Child care center"
means a facility, other than a family day care home, in which less than twenty-four-hour-per-day nonmedical care and supervision is provided for children in a group setting as defined and licensed under the regulations of the sate. For purposes of this chapter, "child care center" shall not include such a facility when it is appurtenant and clearly subordinate to a commercial or industrial facility or activity, established on the same lot or parcel, and operated exclusively for the children of the employees of the commercial or industrial activity.
"Church"
means a development maintained and used exclusively for religious worship, including customary incidental educational and social activities in conjunction therewith.
"Outdoor advertising sign"
means any sign which is located off-site, with a single square footage greater than 75 square feet or a double-sided sign with more than 150 square feet.
"Park"
means any park, playground or grounds under the control, direction or management of a public entity, whether such use is within or outside the municipal boundaries of the city.
"Recreational facility"
means any recreational facility under the control, direction or management of a public agency, whether such use is within or outside the municipal boundaries of the city.
"School"
means and includes any elementary, secondary, junior or senior high school, public or private, attendance at which satisfies the compulsory education laws of the state of California, whether such use is within or outside the municipal boundaries of the city.
"Tobacco product"
means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco.
"Youth center"
means any designated indoor or outdoor private or parochial facility, other than a residence or multiple dwelling unit, which offers programs, activities or services, or persons who have not yet reached the age of 18, including, but not limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial and other educational assistance or enrichment, music, art, dance, other recreational or cultural activities, physical fitness activities and sports programs.
(Ord. 251 § 1, 1999)
A. 
No person shall place or cause to be placed any advertisement for cigarettes or any other tobacco product on any outdoor advertising sign within a residential or agricultural zone, or within 1,500 feet of any school, park, playground, recreational facility, youth center, child care center, entertainment park or church.
B. 
Nothing in this section shall prohibit the posting of advertisements that specifically discourage the use of tobacco or tobacco related products.
C. 
The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising sign to the nearest property line of a use or zone listed above.
(Ord. 251 § 1, 1999)