O1786
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CA:f:atty\muni\laws\mjm\smoke2
City council Meeting 1-24-94
Santa Monica, California
ORDINANCE NUMBER
1786
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING
SANTA MONICA MUNICIPAL CODE SECTIONS
4.44.010, 4.44.040, 4.44.050, 4.44.060, 4.44.070
AND 4.44.080 AND AMENDING OR RENUMBERING
SECTIONS 4.44.020, 4.44.030, AND
4.44.090 REGULATING SMOKING
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Santa Monica Municipal Code sections 4.44.010,
4.44.040, 4.44.050, 4.44.060, 4.44.070, and 4.44.080 are hereby
repealed.
SECTION 2.
Municipal Code Section 4.44.030 is hereby
renumbered as Section 4.44.010 and amended to read as follows:
4.44.010 General Prohibitions.
It shall be unlawful to smoke in the
followl.ng places:
(a) Any elevator;
(b) On any bus used 1n the business of
transporting passengers for hire in the City,
excepting for charter operationsi
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(c) Any restroom open to the general
pUblic or provided for use to customers or
patrons, unless there are separate smoking and
nonsmoking restrooms;
(d) Every building owned or leased by the
ci ty of Santa Monica and used for municipal
purposes. If only a portion of a building is
used for municipal purposes, this subsection
shall apply only to that portion of the
building used for municipal purposes.
SECTION 3. Municipal Code section 4.44.020 is hereby amended
to read as follows:
4.44.020 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) Bar. An area where alcoholic
beverages are served for consumption on the
premises and in which the serving of food, if
any, is only incidental and consists solely of
hors d'oeuvres, snacks and similar foods.
(b) Smoke or smoking. The carrying or
holding of a lighted pipe, cigar, or cigarette
of any kind, or any other lighted smoking
product or equipment used to burn any tobacco
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products, weed, plant, or any other combustible
substance. smoking includes the emitting or
exhaling the fumes of any pipe, cigar, or
cigarette of any kind, or any other lighted
smokl.ng equipment used burning any tobacco
product, weed, plant, or any other combustible
substance.
SECTION 4. Municipal Code section 4.44.090 is hereby
renumbered Section 4.44.030 and is not otherwise amended.
SECTION 5. Any provision of the Santa Mon1ca Munl.cipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 6.
If any sectl.on, subsectlon, sentence, clause, or
phrase of this Ord1nance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
l.nvalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutl.onal.
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SECTION 7.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within 15
days after its adoption.
This Ordinance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
nu{A~~L/Jk~
MARSHA JONE~JMOUTRIE
City Attorney
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Mayor
State of CalIfornia )
County of Los Angeles ) ss
City of Santa Moruca )
I, Beth Sanchez, ASsistant City Clerk of the City of Santa Mornca, do hereby certIfy that the
foregomg Ordmance No. 1786 (CCS) had Its first readmg on January 10, 1995 and had Its
second readmg on January 24, 1995 and was passed by the followmg vote
Ayes CouncIlmembers
Ebner, Greenberg. Holbrook, Rosenstem
Noes Councllmembers
Abdo, Genser, O'Connor
Abstam CouncIlmembers
None
Absent Councllmembers
None
ATTEST
At:dxi~
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CIty Clerk