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or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar,hookah pipe, cigarette of
<br /> any kind, or any other weed or plant.
<br /> (p) "Tobacco product"means any substance containing tobacco leaf, including but not limited
<br /> to cigarettes, cigars,pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
<br /> preparation of tobacco.
<br /> SECTION III: Subsection(a)of Section 4-12-400 shall be amended to read as follows:
<br /> (a) No person, owner, landlord, employer,business,or nonprofit entity shall knowingly permit
<br /> smoking in an area which is under the legal or de facto control of the person, owner,landlord,
<br /> employer,business,or nonprofit entity and in which smoking is prohibited by law and the person,
<br /> owner, landlord, employer,business or nonprofit entity is not otherwise compelled to act under
<br /> State or Federal law.
<br /> SECTION IV: SEVERABILITY. If any section, subsection, subdivision,paragraph,
<br /> sentence,clause or phrase of this Ordinance, or its application to any person or circumstance, is for
<br /> any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect
<br /> the validity or enforceability of the remaining sections, subsections, subdivisions,paragraphs,
<br /> sentences, clauses or phrases of this Ordinance, or its application to any other person or
<br /> circumstance. The City Council of the City of San Leandro hereby declares that it would have
<br /> adopted each section, subsection, subdivision,paragraph, sentence,clause or phrase hereof,
<br /> irrespective of the fact that any one or more other sections, subsections, subdivisions,paragraphs,
<br /> sentences, clauses or phrases hereof is declared invalid or unenforceable.
<br /> SECTION V: EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take
<br /> effect thirty(30)days after adoption. The title thereof shall be published once and a complete copy
<br /> thereof shall be posted on the City Council Chamber bulletin board for five (5)days prior to
<br /> adoption.
<br /> Introduced by Councilmember Reed on this 6th day of October, 2014, and passed to print
<br /> by the following called vote:
<br /> Members of the Council:
<br /> AYES: Councilmembers Cutter, Gregory, Lee, Prola, Reed, Souza (6)
<br /> NOES: None (0)
<br /> ABSENT: Mayor Cassidy (1)
<br /> ORDINANCE NO.2014-017 2
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