HomeMy WebLinkAboutCity of Santa Monica - Smoking Ord F:1AttylMuniLawlConsumerProtectionlSmoking12007projectlord2d rdg042248
City Council Meeting: April 22, 2008 Santa Monica, Califarnia '
2259
ORDINANCE NUMBER (CCS)
(City Council Series)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF i�
SANTA�M�NICA AMENDING CHAPTER 4.44 OF THE SANTA MONICA MUNICIPAL '
CODE ON SMOKING TO MAKE BUSINESS OWNERS AND MANAGERS LIABLE
UNUER CERTAIN CIRCUMSTANCES, REQUIRE POSTING OF NO SMOKING ;
SIGNS, REDUCE THE AMOUNT OF FINES, AND PROHIBIT SMOKING ON PUBLIC
LIBRARY PROPERTY
WHEREAS, the November 2006 amendment to the outdoor smoking ordinance �
prohibited smoking in outdoor dining areas but did not create any liabifity for business
owners; and
WHEREAS, since November 2006 sfaff has received numerous complaints of
customers smoking at outdoor dining areas at local restaurants; and i
WHEREAS, in many of these cases the business owners responded to staff's �
inquiries by stating that the current law does not require owners to enforce the no- i
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smoking rule or make them liable, and they refused to make an effort to curtail the
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illegal smoking at their outdoor patios; and �
WHEREAS, visual surveys in late 2047 found that srnoking was stil! occurring at �
a substantial number of outdoor dining areas in Santa Monica; and
WHEREAS, making owners, operators and managers liable will increase the
effectiveness of the outdoor smoking law since they �can control the conduct at their
private establishments; and
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WHEREAS, making owners, operators and managers liable for smoking at
outdoor dining areas will make it easier to enforce the ordinance through undercover ",
inspections since no confrontation with patrons or citations of patrons will be necessary;
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and �
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WHEREAS, making owners, operators and managers fiable for smoking at i
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outdoor dining areas will help level the playing field for local restaurants by assuring that f
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none can cater to a smoking clientele; and
WHEREAS, making owners, operators and managers liable for smoking at
outdoor dining areas will bring Santa Monica into uniformity with the other nearby cities ;
that ban smoking at outdoor dining areas; and �
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WHEREAS, many other California cities, including three in Los Angeles County
that impose liability on businesses for smoking at outdoor dining areas require the �
posting of prominent no smoking signs; and ;
WHEREAS, the posting of no smoking signs in outdoor dining areas wi{I facilitate ;
the enforcement of the law by patrons as well as employees; and !
WHEREAS, staff has received complaints from some cited individuals that the ;
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current $250 fee for violations of the ordinance is disproportionatefy high, especially
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when taking into account the mandatory penalty assessment that the court adds in
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every criminal case; and ;
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WHEREAS, most California cities impose initial fines af$140 for violating outdoor ;
smokin� ordinances, with fines increasing to $200 and $500 respectively for subsequent ;
violations, as does the state indoor workplace smoking law; and `
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WHEREAS, the public and Library staff have complained about chronic second-
hand smoke adjacent to the Main Library, ;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA �
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DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 4.44 of the Santa Monica Municipal Code is hereby ;
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amended to read as fallows:
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CHAPTER 4.44 ;
REGULATION OF SMOKING �
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Section 4.44.010 Definitions. ;
The following words and phrases, as used in this Chapter or in any �
other applicable law regulating smoking, sha41 have the foNowing
meanings: �
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(a) Dining area. A non-residential location where food or ;
beverages are served by a business or routinely consumed by customers.
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This includes but is not limited to restaurant or bar seating areas and
patios.
(b) Service area. A place where people use or wait for services
provided by a private or government entity. This includes but is not limited
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to bus stops, ATM lines, information kiosks and theater lines.
(c) Smoke or smoking. The carrying or holding of a lighted pipe,
cigar, cigarette, or any other lighted smoking product or equipment used to
burn any tobacco products, weed, p{ant, or any other combustible
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substance. Smoking includes emitting or exhaling the fumes of any pipe, .
cigar, cigarette, or any other lighted smoking equipment used for burning
any tobacco product, weed, plant, or any other combustible substance. �
Section 4.44.020 Prohibitions.
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(a) Smoking in Specific Locations. �
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It sha�l be unlawful to smoke in the following places: '
(1) Any elevator, �
(2) Any public park;
(3) Any public beach;
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(4) Anywhere on the Santa Monica Pier; except in designated
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areas;
(5) Any outdoor service area; �
(6) Inside any public building (as that term is defined in
Government Code Section 7596};
(7) Any outdo�r dining area; '
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(8) Within twenty feet of the entrance, exit or open window of
any building open to the public; ;
(9) The Third Street Promenade;
• (10) Any Farmers Market; � �
(11) The property of any public library. �
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(b) Disposal of Smoking Waste.
No person shall dispose of any cigarette, cigar or tobacco, or any
part of a cigarette or cigar, in any piace where smoking is prohibited under �
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this Chapter,�except in a designated waste disposal container. ;
(c) Liability of Businesses. '
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No business owner, operator or manager shall knowingly or !
intentionally allow smoking in an outdoor dining area that is under his, her
or its control. This law does not require the physical ejection of any person ;
from the business or the taking of steps to prevent smoking under �
circumstances that would involve a significant risk of physical harm. �
(d} Posting of Signs. �
Every business that owns ar controls an outdoor dining area `
covered under subsection (a)(7) shall post one or more prominent signs in
conspicuous locations to apprise users of the prohibition of smoking in that ,
outdoor dining area. Multiple signs must be provided as needed for larger �
areas to ensure that signs are readily visible to all users of the area.
(e) Enforcement and Penalties.
(1) Infraction. A viofation of this Section is an infraction and shall
be punished by a fine of one hundred dollars for the first violation; two
hundred dollars for a secvnd violation within one year; and five hundred
dollars for a third and subsequent violations within one year.
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(2) Nonexclusive Remedies and Penalties. Punishment under this
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Section shall not preclude punishment pursuant to Health and Safety �
Code Section 13002, Penal Code Section 374.4, or any other law
proscribing the act of littering. Nothing in this Section shall preclude any
person from seeking any other remedies, penalties or procedures �
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provided by law. i
Section 4.44.030 Sale of tobacco by vending machine or other ;
mechanical device or out of package. �
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(a} Purpose. The City Council finds cigarette smoking and other
tobacco use by minors to be a continuing problem with grave public health
consequences. Studies show tha# the vast majority of adult smokers
began as teenagers, and fhat teenagers who begin using tobacco before �
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the age of fifteen eventually have much higher cancer rates than non- ;
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tobacco using teenagers. In recognition of the Surgeon General's I
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conclusion that nicotine is as addictive as cocaine or heroin, action is .
needed to curtail the easy access of minors to cigarettes and other
tobacco products. The purpose of this Chapter is to implement a strict and
enforceable system to prevent the illegal sale of cigarettes and other
tobacco products to minors.
(b) Vending Machines. On or after May 1, 1991, no person shall
sell or dispense cigarettes or other tobacco products by vending machine
or any other device that automatically sells or dispenses tobacco products. !
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(c) Out of Package Sales Prohibited. It is unlawful to sell
cigarettes out of the manufacturers package or without required health
warnings. I
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SECTION 2. Any provision of the Sa�ta Monica Municipal Code or appendices '
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thereto inconsistent with the provisions of this Ordinance, to the extent of such ;
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inconsistencies and no further, is hereby repealed or mod'ified to that extent necessary �
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to effect the provisions of this Ordinance. ;
SECTION 3. If any section, subsection, sentence, clause, or phrase of this i
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Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
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court of competent jurisdiction, such decision shall not affect the validity of the ;
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remaining portions of this Ordinance. The City Council hereby decfares that it would
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have passed this Ordinance and each and every section, subsection, sentence, clause, �
or phrase hof declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage �
of this Ordinance. The City Clerk shal{ cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 90 days from its adoption. .
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APPROVED AS TO FORM:
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MA SHA ES MOU IE
Ci ttorn .
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Approved and adopted this 22nd day of April, 2008. %� i
Herb Katz, Mayor
State of California )
County of Los Angeles ) ss. �
City of Santa Monica ) �
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I, Beth Sanchez, Assistant City Clerk of the City of Santa Monica, do hereby certify that �
the foregoing Ordinance No. 2259 (CCS) had its introduction April 8th, 2008, and was �
adopted at the Santa Monica City Council meeting held on April 22nd, 2008, by the
following vote:
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Ayes: Council members: Genser, McKeown `
Mayor Pro Tem Bloom, Mayor Katz �
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Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook, O'Connor, Shriver
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A summary of Ordinance No. 2259 (CCS) was duly published pursuant to California �
Government Code Section 40806. �
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A7TEST:
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Beth Sanchez, Assi nt City Clerk '
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' Chapter 4.44 REGULATION OF SMOKING Page 1 of 2
Santa Monica Municipal Code
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Article 4 PUBLIC WELFARE,_MORALS AND POLiCY
Chapter 4.44 REGULATION OF SMOKING
_ _ _. _ _._... _ _ _ _
..�CodeAlert: This item has been affected by 2259. Please refer to the CodeAlert Ordinance List for the most
current provisions.
Note
* Prior history: Prior code§§4921,4922 and 4930 and Ord.No. 152CC,adopted 5/22/90;Ord.No. 1459CCS,adopted 10/ZS/88;
Ord.No. 1569CCS,adopted 2/Z6/91;Ord.No. 1588CCS,adopted 6/25/91;Ord.No. 1709CCS,adopted 11J9J93;Ord.No. 1715CCS,
adopted 12/14/93;Ord.No. 1782CCS,adopted 11/29/94;Ord.No. 1786,adopted 1/24/95;and Ord.No. 20�2CCS,adopted 4/8/03.
�4.44.010 Definitions.
The following words and phrases, as used in this Chapter or in any other applicable law regulating smoking,
shall have the following meanings:
(a) Dining area. A non-residential location where food or beverages are served by a business or routinely
consumed by customers. This includes but is not limited to restaurant or bar seating areas and patios.
(b) Ser-vice area. A place where people use or wait for services provided by a private or government entity.
This includes but is not limited to bus stops, ATM lines, information kiosks and theater lines.
(c) Smoke or smoking. The carrying or holding of a lighted piPe, cigar, cigarette, or any other lighted
smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible
substance. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted
smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance.
(Added by Ord. No. 2122CCS § 1 (part), adopted 4/27/04; amended by Ord. No. 2210CCS § 1 (part), adopted
10/24/06)
�:�;4.44.020 Prohibitions.
(a) Smoking in Specific Locations.
It shall be unlawful to smoke in the following places:
(1) Any elevator;
(2) Any public park;
(3) Any public beach;
(4) Anywhere on the Santa Monica Pier; except in designated areas;
(5) Any outdoor service area;
(6) Inside any public building(as that term is defined in Government Code Section 7596);
(7) Any outdoor dining area;
(8) Within twenty feet of the entrance, exit or open window of any building open to the public;
(9) The Third Street Promenade;
(10) Any Farmers Market.
(b) Disposal of Smoking Waste.
http://www.qualitycodepublishing.com/codes/santamonica/view.php?topic=4-4 44&showA... 5/1/2Q�R
� ' C�hapter 4.44 REGULATION OF SMOKING Page 2 of 2
No person shall dispose of any cigarette,cigar or tobacco,or any part of a cigarette or cigar, in any place
where smoking is prohibited under this Chapter, except in a designated waste disposal container.
(c) Enforcement and Penalties.
(1) Infraction. A violation of this Section is an infraction and shall be punished by a f ne of two hundred fiRy
dollars.
(2) Nonexclusive Remedies and Penalties. Punishment under this Section shall not preclude punishment
pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the
act of littering. Nothing in this Section shall preclude any person from seeking any other remedies, penalties or
procedures provided by law. (Added by Ord. No. 2122CCS § 1 (part), adopted 4/27/04; amended by Ord. No.
2210CCS § 1 (part), adopted ]0/24/06)
..�4.44.030 Sale of tobacco by vending machine or other mechanical device or out of package.
(a) Purpose. The City Council finds cigarette smoking and other tobacco use by minors to be a continuing
problem with grave public health consequences. Studies show that the vast majority of adult smokers began as
teenagers, and that teenagers who begin using tobacco before the age of fifteen eventually have much higher
cancer rates than non-tobacco using teenagers. In recognition of the Surgeon General's conclusion that nicotine
is as addictive as cocaine or heroin, action is needed to curtail the easy access of minors to cigarettes and other
tobacco products. The purpose of this Chapter is to implement a strict and enforceable system to prevent the
illegal sale of cigarettes and other tobacco products to minors.
(b) Vending Machines. On or after May 1, 1991, no person shall sell or dispense cigarettes or other tobacco
products by vending machine or any other device that automatically sells or dispenses tobacco products.
(c) Out of Package Sales Prohibited. It is unlawful to sell cigarettes out of the manufacturer's package or
without required health warnings. (Added by Ord. No. 2122CCS § 1 (part), adopted 4/27/04; amended by Ord.
No. 2210CCS § 1 (part), adopted 10/24/06)
http://www.qualitycodepublishing.com/codes/santamonica/view.php?topic=4-4 44&showA... 5/1/2(l(1R