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O1335 ~ e e CA:RMM:rmsmoke City Council MeetIng 4-9-85 Santa Mon1ca, CalifornIa ORDINANCE NUMBER 1335(CCS) (CIty CouncIl Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9A TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE REGULATING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9A is added to ArtIcle IV of the Santa MonIca MunICIpal Code to read as follows: Chapter 9A. RegulatIon of SmokIng. SECTION 4920. DeclaratIon of Purpose. The CIty Council of the CIty of Santa MonIca fInds and declares: (a) SmokIng IS a POSItIve danger to health and a cause of materlal annoyance, inconvenIence, discomfort and a health hazard to those who are present In confIned places. (b) The public health, safety, and general welfare of the reSIdents of, persons employed in, and persons who frequent the CIty of Santa Monica 1 . . e e would be furthered by the prohibition and regulation of smoking in public places and work places. (e) ThIS Chapter regulates smoking in public places without 1mposIng exorbItant costs on persons In management and control of the places so regulated. SECTION 4921. D~finItions. The followIng words and phrases, as used In this Chapter shall have the follOWIng meanIngs: ( a ) Emolovee. Any person who is employed by any employer ln cons1derat1on for monetary compensation or profIt includIng an Independent contractor regularly performIng serV1ces at the place of employment of the other contracting party. (b) Emolover. Any person, partnershIp, corporation, lnclud1ng a publIC ent1ty, who employs the serVIces of more than five employees. (c) Place of Employment. Any enclosed area under the control of a 2 It e public or pr1vate employer Wh1Ch employees normally frequent during the course of employment, includIng, but not llmlted to, work areas, employee lounges, conference rooms, and employee cafeterIas. A prIvate residence 15 not a place of employment. (d) SlJloke or Smokinq. The carrying or holdIng of a lighted pipe, CIgar or CIgarette of any kInd) or any other lIghted smokIng equIpment or the lightIng or emItting or exhaling the smoke of a pIpe, cigar or c1garette of any kind. SECTION 4922. Genera~ Prohib1tions. It shall be unlawful to smoke in the followIng plaees: (a) Those portIons of any bUIldIng, structure or other enclosed faCIlIty open to the general publIC for the prImary purpose of holding meetIngs or exhIbItIng any motIon pIcture, stage productIon, mus1cal recItal, or sim1lar performance, exclusive of sports events, other than 3 e - In a separate balcony area In WhIch smoking may be permitted and other than In an area WhIch serves as a separate lounge both smoKIng and areas are provIded. area provided that nonsmokIng lounge (b) Those portIons of any bUIlding, structure or other enclosed facility open to the general public for the primary purpose of a museum) library or gallery, other than 1n an area which serves as a separate lounge prOVIded that both smokIng and nonsmoking lounge areas are provided. (c) Any elevator. (d) On any bus used in the bUSIness of transport1ng passengers for hire In the CIty, except1ng for charter operatIons. (e) Any restroom open to the general publIC or prov1ded for use to customers or patrons unless there are separate smokIng and nonsmokIng restrooms. (f) Those areas wlth1n the buildIngs or structures of any health care faCIlity which are open to 4 e e visitors to the premIses except that in such areas there may be enclosed areas desIgnated and set aSIde on each floor where smokIng may be allowed so long as comparable faC1Iltles In which smoking IS not allowed are made avaIlable or in any patIent room when all patIents smoke or consent to smoking. (g) Any retaIl food marketIng establlshments or pharmacies 1ncludlng grocery stores and supermarkets except those areas of such establishments set aSIde for the servIng of food and drink, offices, and areas thereof not open to the publIC. SECTION 4923. Places of Employment. (a) WithIn 120 days of the effective date of this ordinance, each employer shall adopt, implement and maIntaIn a wrltten smoking policy WhICh shall contain the following minimum provislons: (1) The prohibitlon of smoking in restrooms, elevators and 5 e e nurses aid stations or similar facilities far treatment of employees. (2) The prov1sIon and malntenance of a contlguous nonsmoking area of not less than two-thirds of the seating capacIty and floor space In cafeterias, lunchrooms and employee lounges. (3) A statement providing that in any dIspute arising between smokers and nonsmokers, efforts shall be made by the employer to accommodate the desires of both smokers and nonsmokers. (4) A smoke-free work areas for nonsmokers to the maXImum extent pOSSible. Employers are not requIred to lncur any expense to make structural or other physical modifications in prOVIding these areas. An employer who in good faith makes reasonable efforts to develop and promulgate a POlICY regarding smoking and nonsmokIng 1n the work place shall be deemed to be In complIance wlth this subdlvis10n, prOVided that a policy WhICh 6 e . designates an entIre work place as a smoking area shall not be deemed In compliance wIth thIS paragraph. [b) An employer shall post "No SmokIng" signs In any area desIgnated as a nonsmokIng area. (e) The smokIng polICY shall be communIcated In wrItIng to all current employees withln three weeks of the date of adoption, and to all future employees at the t1me of thelr entry lnto employment. (d) Notwlthstandlng the above, every employer shall have the authorIty to deSIgnate any work area or the entIre premIses controlled by the employer as a nonsmoklng area. (e) An employer who fails to adopt a smoking POlICY, or who falls to post SIgns ln any area designated as a nonsmokIng area as required by subdlvlslon 1 shall be In VIolation of said subdivisIon. Such a violatlon shall be punlshable as a mIsdemeanor. (f) Those places In which smokIng is prohIbited under SectIon 7 e e 4922 shall not be considered places of employment under thIS SectIon. (9) Employers shall Implement the provIsIons of thIs Section in a manner consistent WIth all applIcable state or federal statutes, rules or regulatIons on employer-employee relatIons. (h) For the purposes of this Section, employer does not Include the City of Santa MonIca. SECTION 4924. Posting of SIgns. The person havlng the authority to manage and control any area deSIgnated as a nonsmoklng area pursuant to Section 4922 or SectIon 4923, shall post or cause to be posted and promInently dIsplayed, and shall maIntaln "No SmokIng" slgns In consp1CuoUS locatlons WIthIn saId area. All such SIgns shall clearly and conspicuously reCIte the phrase "NO SMOKING" and/or use the lnternational no-smoking symbol. The SIgns shall be posted not less than 5 feet nor more than 8 feet above floor B e e level and shall be of sufficient and locatIon to cause the number message of at least one of the sIgns to be clearly viSIble, legIble, and readable. VIolatIon of, or failure to comply with thIS subsection is a m1sdemeanor. SECTION 4925. ~xceptions. The prohIbItions set forth In Sectlon 4922 and SectIon 4923 do not apply to prIvate enclosed offlces occupIed exeluslvely by smokers even though such an offlce may be Visited by nonsmokers, or to those portlons of restaurants, bars or hotels where food or alcoholIC beverages are served to the public. SECTION 4926. Penalties. (a) No person shall wIlfully mutilate or destroy any SIgn required by thIS Chapter. (b) No person shall smoke In any area posted as a nonsmoking area. (c) No employer shall dlscharge or In any manner dIscrImInate against 9 e e any employee who exerClses hIS or her rIghts under thIS Chapter If the dominant intent of the employer is retalIatIon agaInst the employee for exercising those rIghts. ViolatIon of thlS provisIon shall be a misdemeanor. (d) Except as otherWIse provlded for In thlS Chapter, vlolatlon of any provISIon or faIlure to comply wIth any requIrement of this Chapter is an InfractIon punIshable by a flne of not more than $100.00. SECTION 4927. Enforcement. (a) CIVll Action. Any aggrleved person may enforce the provisions of thIS Chapter by means of a cIvIl action. (b) InJunctIon. Any person who commIts, or proposes to commIt, an act ln vlolatlon of this Chapter may be enjolned therefrom by any court of competent JurisdictIon. An actlon for InjunctIon under thIS subsectIon may be brought by any aggrIeved person, by the Clty Attorney, or by any person or entIty WhIch wIll falrly and 10 . e adequately represent the Interests of the protected class. (cJ In any action under this Section by an employee allegIng retallation or dIscrImInation by an employer for exerclsing rights under this Chapter, the prevailing party shall be awarded costs and reasonable attorneys' fees. SECTION 2. 4237, 4238 and hereby repealed. SectIons 4235, 4235A, 4235B, 4235C, 4235D, 4239 of the Santa Monica Munlcipal Code are SECTION 3. Any provIsion of the Santa Monica Munlcipal Code or appendIces thereto inconslstent wIth the provlslons of thIS ordinance, to the extent of such inconsistencIes and no further, lS hereby repealed or modlfled to that extent necessary to affect the provIsions of thIS ordinance. SECTION 4. If any sectlon, subsection, sentence, clause, or phrase of thIS ordinance lS for any reason held to be InvalId or unconstltutlonal by a decIsIon of any court of competent jurlsdlctlon, such decisIon shall not affect the valIdIty of the remalnlng portIons of the ordlnance. The City Councll hereby declares that It would have passed this ordlnance and each and every section, subsectIon, sentence, 11 e . clause, or phrase not declared invalid or unconstltutlonal without regard to whether any portIon of the ordinance would be subsequently declared Invalid or unconstitutional. SECTION 5. The Mayor shall s1gn and the CIty Clerk shall attest to the passage of this ordlnance. The City Clerk shall cause the same to be publIshed once In the officIal newspaper wlthln 15 days after Its adoptIon. The ordInance shall become effectIve 30 days from Its adoption. APPROVED AS TO FORM: ~ \.y.. "- ROBERT M. MYERS City Attorney ~ --4- 12 - .. e e Adopted and approved this 9th day of AprIl, 1985. k~ll. '-= f~ t 12~. / Mayor . I hereby certify that the foregoing Ordinance No. 1335(CCS) was duly and regularly lntroduced at a meeting of the City Council on the 26 th day of March 1985; that the said OrdInance was thereafter duly adopted at a meetIng of the CIty Council on the 9th day of AprIl 1985 by the following CouncIl vote: Ayes: Councl.lmembers: Conn, Edwards, Epstein, Jennings, Katz, Zane and Mayor Reed Noes: Councllmembers: None Abstaln: Councilmembers: None Absent: Councllmembers: None ATTEST: ~ - .. ~ CIty Clerk