SR-702-002 (2)
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MAY ~ 2 i990
702-1.002.
CA:RMM:rmd1082b/hpca
City Council Meeting 5-22-90
Santa Monica, California
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 May 15, 1990, the city council introduced
for first reading an ordinance prohibiting smoking in city Hall.
The ordinance is now presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
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Agenda Item #
BEFORE DISTRIBUTION CHECK CONTENT
DISTRIBUTION OF RESOLUTION #
Councll Meetlng Date ~~;l9C)
G -L}
'1/0
OF ALL FOR CITY CLERK'S ACTION
ORDINANCE # '5 .::( ~
Introduced: L~. /r; 177 C
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Adopted: '...;J~ 90
ALWAYS PUBLISH ADOPTED ORDINANCES
Cross out Attorney's approval
Was It amended?
VOTE: Afflrmati ve: 7 - C~
Negatlve:
Abstaln:
Absent:
PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING
DISTRIBUTION: ORIGINAL to he slgned, sealed and flIed ln Vault.
NEWSPAPER PUBLICATION (Date: J
Department orlglnatlng staff report ( Laurle Lleberman)
Ordlnances only for Attorney ( Claudla Thompson) 2
Management Servlces Lynne Barrette ORDINANCES ONLY 1
Agency mentloned In document or staff report
(certlfled?)
SubJect flle (agenda packet) 1
Counter flle 1
Others: (Revlew
Alrport
Audltorlum
Building Dept.
CIED
for departments who need to know) .
Parklng Auth.
Personnel I
Plannlng
Pollce
Purchaslng
Recr/Parks
Transportation
Treasurer
Flnance
General Servo
Llbrary
Manager
Flre
SEND FOUR COPIES OF ALL ORDINANCES TO:
CODED SYSTEMS
120 Maln Street
Avon, New Jersey 07717
4
SEND FOUR COPIES OF ALL ORDINANCES TO:
4
Rebecca Garrldo
Santa Monlca Municlpal Court
1725 MaJ..n Street, Room 118
Santa Monlca, CA 90401
Total Coples
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CA:RMM:rmdl081/hpca
city Council Meeting 5-22-90
Santa Monica, California
ORDINANCE NUMBER 1525(CCS)
(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
facil i ty open to the general publ ic 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 ci ty , excepting for charter
operations.
( e) Any
general pUblic
restroom open
or provided for
to the
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
facilities 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
prohibi t 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 within
the restaurant which clearly designate
the smoking area as required by section
4922 (h) .
(i) The city Hall building, not
including the police facility building.
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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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Adopted and approved this 22nd day of May, 1990.
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I hereby certify that the foregoing Ordinance No. 1525(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 15th day of May 1990; that the said Ordinance was
thereafter duly adopted at a meeting of the city council on the
22nd day of May 1990 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Finkel, Jennings,
Ka t z , Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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~ City CleljR