1993-166 - Affirming repeal of Section 17-7 under Ord 1880 as it existed prior to adoption of Ord 1877RESOLUTION 1993 -166
RESOLUTION OF THE TOWN OF LOS GATOS AFFIRMING
REPEAL OF SECTION 17 -7 UNDER ORDINANCE NUMBER 1880
AS IT EXISTED PRIOR TO ADOPTION OF ORDINANCE NUMBER 1877
WHEREAS, on October 7, 1991, . Section 17 -7 of the Town Code attached hereto as
Exhibit A provided penalties for violation of Town smoking controls, and
WHEREAS, on October 7, 1991, the Town Council introduced two ordinances
dealing with smoking controls in the Town, one of which comprehensively dealt with
smoking and penalties for violation of the smoking ordinances, and the other dealt with sale
of tobacco products from vending machines, and
WHEREAS, the comprehensive smoking ordinance contained a repeal of the existing
Section 17 -7 because the penalties were to be incorporated in a new Section 17 -6, and
WHEREAS, the vending machine ordinance added a new Section 17 -7 regarding
vending machine controls, and
WHEREAS, there is possible confusion whether Ordinance No. 1880 repealed the
preexisting Section 17 -7 governing smoking penalties and /or the newly adopted Section 17-
7 governing vending machines, and
WHEREAS, it is clear from the legislative history that the purpose and intent of
Ordinance No. 1880 was to repeal the preexisting Section 17 -7 regarding smoking penalties,
while Section 17 -7 contained in Ordinance No. 1877 was to remain in effect.
THEREFORE, BE IT RESOLVED:
1. It is hereby affirmed and declared that the Town Council intended to and did
repeal Town Code Section 17 -7 as it existed on October 7, 1991, by its adoption of
Ordinance No. 1880.
2. It is hereby affirmed and declared that Section 17 -7 that was adopted by
Ordinance No. 1877 was not and has not been repealed.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15th day of November, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR THE TOWTN�F OS GATOS
LOS GATOS, CALIFOR
ATTEST:
1
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CLERIC OF THE TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
ATNY014 \CNCLRPTS \AMOKAFFR. RES