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SR-702-002 (2) . . 11-13' 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 '-B t\A'i 2 2 1990 . e 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 ~- / 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 , -- I <. j ......, e . 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. - 1 - . . (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 - 2 - e . 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. - 3 - . . . . 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: ~ VY'\. ROBERT M. MYERS City Attorney .~ - 4 - ~ t ,. . . . Adopted and approved this 22nd day of May, 1990. 0-, 11~ 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: - // ~--7 ! ." ~~0~~~~ ~ City CleljR