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§9.24.020 Defining smoking to include electronic cigarettes — Modify the definition of <br /> smoking to include electronic cigarettes. Current Municipal Code Chapter 9.24 <br /> prohibits smoking in public and work places. It defines smoking as only involving a <br /> burning or lighted pipe, cigar or cigarette. Information is becoming available about the <br /> popularity of electronic cigarettes among youth and adults, and health risks to both the <br /> smokers and persons encountering second hand vapors, that are similar to the health <br /> interests supporting the City's existing regulations. As the Planning Division has <br /> received inquiries about e-cigarette sales and vapor rooms, and the Police Department <br /> says that it is hard to enforce smoking prohibitions when traditional cigarettes and e- <br /> cigarettes can look alike, the amendment would define smoking to include electronic <br /> cigarettes. This recommendation is expected to be supported by the Youth <br /> Commission at its April 9th meeting. <br /> §13.08.090 Prohibiting commercial services in parks - Chapter 13.08 Parks and <br /> Recreation Facilities is proposed to be amended to clarify that third party commercial <br /> activity can only occur with permission of the Director of Community Services. Prior <br /> amendments have prohibited private classes and lessons, and the proposed <br /> amendment would clarify that this includes other commercial services. Community <br /> Services staff have reported many occasions where commercial photographers <br /> unilaterally exclude other members of the public from using portions of City parks, as <br /> well as disturb park features, while carrying out their private for-profit photo shoots. <br /> §14.04.060 Clarify use of water service - The Municipal Code's water regulations need <br /> to be amended to match the Urban Water Management Plan adopted by the City <br /> Council in June 2011. Section 14.04.060 [Use of water service] is proposed to be <br /> amended to list expected regulations during normal water supply, as well as list specific <br /> prohibited uses of water, as set forth in the Urban Water Management Plan. <br /> §§14.04.130 and 15.12.080 Allow liens for unpaid utility bills - Some people and <br /> businesses continually fail to pay water and sewer bills, even after City staff utilize all <br /> tools available in the Municipal Code, including fines, disconnection, and security <br /> deposits. Amendments are proposed to §§14.04.130 and 15.12.080 to include property <br /> liens as an additional tool where it was the property owner who requested and has not <br /> paid for service. Properties would not be subject to liens for tenant non-payment. Such <br /> liens are permitted by California Government Code §43008. <br /> §18.20.010 No design review for rooftop solar based on State law— State law changed <br /> in 2010 to prohibit local agencies from subjecting rooftop solar installations to design <br /> review approval. The Municipal Code needs to be amended to reflect State law, which <br /> specifically pre-empted local agencies on this issue. <br /> §18.48.180 Correct conditional uses in Industrial Park District — Correct an error which <br /> resulted in unnecessary code duplication and misuse of "use" versus "facilities". <br /> Fine for parking in disabled parking space without display of placard -The Police <br /> Department and its volunteers enforce the requirement that persons parking in marked <br /> Page 3of4 <br />