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