SR-8-C (14)
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~AY '7 O~
MAY 8 \990
California
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CA:RMM:rmd1082/hpca
City Council Meeting 5-8-90
Santa Monica,
STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
section 4922 to Prohibit smoking in City Hall
At its meeting on March 27, 1990, the city council directed
the City Attorney to prepare an ordinance prohibiting smoking in
City Hall. The accompanying ordinance has been prepared and is
presented to the City Council for its consideration.
The accompanying ordinance amends Municipal Code Section
4922 to prohibit smoking in city Hall. The city Hall building
and the pOlice Department facility have been added to the list of
places as subsection (i) where smoking is generally prohibited.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
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MAY 8 i990
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CA:RMM:rmdl081/hpca
city council Meeting 5-8-90
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 4922 TO PROHIBIT SMOKING IN CITY HALL
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Santa Monica Municipal Code section 4922 is
amended to read as follows:
SECTION
4922.
General
Prohibitions.
It shall be unlawful to
smoke in the following places:
(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, musical recital, or similar
performance, other than in a separate
balcony area in which smoking may be
permitted and other than in an area which
serves
as
a
separate
lounge
area,
provided that both smoking and nonsmoking
lounge areas are provided.
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(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 in 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 transporting passengers for
hire in the city, excepting for charter
operations.
( e) Any
general public
restroom open to the
or provided for use to
customers or patrons, unless there are
separate smoking and nonsmoking
restrooms.
( f) Those areas within the
buildings or structures of any health
care facility which are open to 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
facil i ties in which smoking is not
allowed are made available or in any
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patient room when all patients smoke or
consent to smoking.
(g) Any retail food marketing
establishments or pharmacies, including
grocery stores and supermarkets, except
office and areas thereof not open to the
public.
(h) Any restaurant, provided,
however, that this prohibi tion does not
prohibit smoking in a designated
contiguous area within a restaurant that
contains a maximum of forty percent (40%)
of the total seating capacity of the
restaurant as a smoking area if the
following conditions are met:
(1) The designated smoking
area comprises no more than 40% of the
total seating capacity in use in the
restaurant and adjoins the non-smoking
area on not more than two sides.
(2) Signs are placed wi thin
the restaurant which clearly designate
the smoking area as required by Section
4922(h).
(i) The City Hall building and the
Police Department facility of the City of
Santa Monica.
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SECTION 2.
Any provision of the Santa Monica Municipal
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 3.
If any section, subsection, sentence, clause,
or phrase of this Ordinance 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 inval id 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 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:
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ROBERT M. MYERS
City Attorney
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