10C Action 2009 1207 - Laserfiche WebLink

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~-12-510 SECOND HAND SMOKE -DECLARATION OF NUISANCE. Secondhand smoke constitutes a nuisance. Notwithstanding any other provisions of this chapter, a private citizen may bring a legal action to abate secondhand smoke as a nuisance. SECTION II. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. SECTION III. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect thirty (30) days after adoption. The title thereof shall be published once and a complete copy thereof shall be posted on the City Council Chamber bulletin board for five (5) days pxior to adoption. Introduced by Councilmember on this 7th day of December, 2009, passed to print by the following called vote: Members of the Council: AYES: NOES: ABSENT: ATTEST: Marian Handa, City Clerk Passed and adopted this day of , 2009, after publication on , 2009, by the following called vote: Members of the Council: AYES: NOES: ABSENT: 7