SR-702-002 (5)
~S:CX:VR:JZ:bp __
Councll Mtg: December 11, 1984
san~Monlca, Californla
?-o 2--ro z.
TO:
Mayor and Clty Councll
11- D
DEe 1 1 1914
FROM: Clty Staff
SUBJECT: Informatlon Regardlng Recently Adopted Smoklng
Ordlnances In Varlous CalJ..fornla Cltles
INTRODUCTION
In response to Councll's request, thJ..s report provides lnformatlon regard-
ing smoking ordinances WhlCh have recently been adopted ln several southern
Callfornla citles and compares them to Santa Monlca's current smoklng
ord1nance.
BACKGROUND
A number of Californla clties have adopted smoking ordinances wlthln the
last flve years.
These ordinances generally address two areas: the flrst
is smoklng controls ln publlC areas~ the second 1S smoklng controls ln the
workplace. This report wlll address the maJor feat~res of the smoklng or-
.
dlnances WhlCh have recently been adopted by the clties of Los Angeles,
Pasadena and San Dlego, and compare these features to the present Santa
Monlca law.
Smoklng Controls ln Public Places
Location Los Angeles ~an Diego Pasadena Santa Monlca
Date Adopted 1984 1983 1984 1974
Audltorlums, PrOhlbl.ted Prohlblted Prohlblted Prohlbited
Theatres, (Except in (In a mlnlmum of
Meeting Rooms Lobby & At 85% of seatlng)
Sports events)
Public Permltted Prohlblted prohlbited Permltted
Restrooms
11-0
DEeli'"
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Locatlon
Bars,
Bowling
Alleys,
Hotel and
Motel Rooms
and Lobbies
Elevators
Hospltals,
Health Care
FaCllltles
Clty
Build1ng
Meetlng
Rooms
Retail
Food
Stores
Retall
Stores
Buses
Museums,
Llbrarles,
Galleries
Restaurants
e
Los Angeles
Permltted
Permitted
prohlblted
(except in
Non-PubllC
areas and
other en-
closed areas
as designated)
Prohibited
(A maximum
of 50% can
be deslgnated
as smoking)
Permltted
(except non-
public areas
& restrooms)
Permitted
Proh1blted
Permitted
Permltted
San Dlego
Perm1tted
Prohlblted
Prohib1ted
(except in
private
rooms)
Permitted
Prohlbited
Prohibited
Prohlblted
Prohlbited
Prohlblted
(If seating
capac1ty 18
less than
20 all
seats may
be deslgnated
non-smoking
if more than
20, a non-
smoklng area
must be desig-
nated)
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Pasadena
Permltted
Proh1blted
Santa !.lonlca
Permitted
Permitted
Prohlb1ted Permltted
(except by
hospltal
patients only,
lf all patients
in a room smoke)
Prohibited
Permitted
Perm1tted
Permltted
Permltted
Prohibited
(A maximum
of 75% can
be deslgnated
as smoking)
Prohiblted
(A Maximum
of 15% can
be designated
as smoklng)
Permltted
Perm1tted
Prohlbl.ted
Permitted
Permitted
Type of
Control
Phys~cal
Requirements
Notlf~cat~on
Of Policy To
Future
Employees
Post~ng of
Slgns
Other
e
e
Smoking Controls in the Workplace
Los Angeles
Prohlb1ted
1n restrooms,
elevators,
2/3 of
lounges,
cafetarias,
lunchrooms
San Diego
Permltted
(employer
must de-
velop a
POllCY to
accorrunodate
non-smoklng
employees)
Pasadena
Santa Monica
Not Re-
qUlred
Required
N/A
ProhJ..bited Perm1tted
1n restrooms,
elevators,
1/2 of lounges,
etc. Smoke-free
areas may be
requested in
shared work
areas
Use of Barriers and Fans encouraged~
Structural changes not requlred.
N/A
Requ~red
Requlred
Retallation
proh~blted
for employees
who complain.
Employers with-
out a smoking
P011CY must
implement one
w~thln 120
days of ordln-
ance or incep-
tion of new
business. Fa1l-
ure to do so
punishable by
SlX months in
)all and/or
$500.*
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Not Re- N/A
quired
Requlred N/A
Employers N/A
wlthout a
smoking
pol1cy must
lmplernent
one wlth~n
90 days of
ordJ..nance or
incept~on of
new bus~ness.
*A non-reta11atlon clause was included as part of the Los Angeles ordinance
after experlence ln other clt~es (notably San Franclsco) suggested that
employees occaslonally wlthdrew the~r complalnts under pressure from
employers.
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Desp1te the m1n1mal provislons in Santa Monlca's current smok1ng ordlnance,
varlOUS local lnstltutlons have adopted smoking pollcles WhlCh address
these areas. See attached Santa Monlca Hospital Medical Center Policy
Statement.
EXPERIENCE IN OTHER CITIES
To date 32 clties in Callfornla regulate smoklng in the workplace -- SlX
for only the1r own employees and twenty-slx for all workplaces within their
Jurlsdlction. The city of Uklah passed a strengthened smoking ordlnance in
1981, and was the flrst Callfornla city to do so. Most recently drafted
ordlnances became effectlve In early 1984. No c1ty has yet levled a fine
or prosecuted an lnd1vldual or business for violatlon of a smoking or-
dinance. Enforcement is generally handled as a publlc lnformatlon function
by a clty department designated by the City Manager.
Before passing strengthened smoklng ordlnances, some cities experimented
wlth voluntary compllance. In San Jose the Chamber of Commerce lnltiated
such a voluntary program but got only a 10% positlve response from local
employers. The Sacramento Chamber of Commerce also tried such a program
but recelved only a 12% response from local businesses lndlcatlng that the
buslness either had or was willing to lnstltute a workplace program to ac-
commodate non-smoking employees.
Clties have instituted a varlety of programs to ensure compliance wlth the
ord1nance. Most place the program under the ]urisdlctJ..on of the Clty Man-
ager or hlS des1gnee, or a communlty services offlcer in the pollce depart-
ment. V101at10n of a smoking ordlnance 1S generally an lnfraction.
PASADENA
In Pasadena the smoking ordlnance was inltlated by a member of the Board of
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Dlrectors of the Pasadena Department of Public Health whlch dellvers health
services to Pasadena through a contract wlth the County of Los Angeles.
The Health Department ~s the enforc~ng agency for the smoklng ord~nance and
responds only when compla~nts are received. Few complalnts have been re-
corded to date. An investlgatlng offlcer has been sent out by the depart-
ment ~n only 2 cases, and the Health Department ~s ava~lable to help em-
ployers develop a smoking POllCY J..f such help is requested. A vlolat1on of
the ordinance is an lnfraction which carries a $25-50 flne.
Of the varlOUS provisions of the ordJ..nance, the requirements related to
workplace adJustments are seen as the more lmportant aspect of the local
ordlnance by Pasadena health officlals.
SAN DIEGO
The Clty of San Dlego adopted a new smok~ng ordinance in July, 19B3 wlth
workplace requirements becomlng effect~ve July, 1984. In the lnter~m, the
City Was able to experiment wlth workplace adjustments wlthin lts own staff
to test the vlablllty of the ordlnance whlch requires a good falth effort
on the part of employers to provide a smoke free environment for 1ts em-
ployees. Employee groups wlthin the Clty were involved in the implementa-
tlon of the requlrements, and employees can flle a grlevance for non-
compliance. The City's experlences were positive, and, after a progress
report to City Cauncll the requirements related to the workplace were ex-
tended to the private sector as of July, 1984.
The San Diego smoking ordlnance represents a compromise which was worked
out through an ad hoc committee appo~nted by the City Council. The Commit-
tee included representatives of Callfornians far Non-Smokers Rlghts as well
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as the Hotel/Motel Association, Chamber of Commerce and Restaurant Assocla-
tlon. After several meetlngs the committee was able to come forward wlth
the proposed ordlnance which is supported by all sides.
The ordlnance is currently handled by the Department of Cltlzen Assistance
and Informatlon ln the Clty Manager's Offlce of the CJ..ty of San Dlego. The
goal of the City is to handle the ordinance through a voluntary and public
informatlon approach rather than a law enforcement approach. Information
on the ordlnance was sent out wlth the water bills and published In a news-
paper ad. Enforcement lS handled on a complalnt baS1S. Some cases have
been brought to the Clty Attorney's Office for a hearing, but no one has
been prosecuted for violation of the ordlnance (violatlon is an infraction
carrYlng a fine of not less than $10 and not more than $lOO). The smoklng
ordlnance is seen as worklng qUlte well wlth good co-operatlon from the
buslness communlty. The value of the ad hoc commlttee's role in formulat-
lng a compromlse successful ordlnance was stressed by the San Dlego
representatlve.
SAN DIEGO COUNTY
San Dlego County has adopted an ordlnance very similar to that of the Clty
of San Diego WhlCh covers all unincorporated areas of the County. (Withln
the County there are currently 15 municipalities which have passed smoklng
ordlnances). The County ordlnance was also deslgned for voluntary com-
pllance and workshops have been held for employers by County Health Infor-
matlon Speclallsts who are responslble for compllance.
MOUNTAIN VIEW
The City of Mountain View is experlmentlng wlth a self-certlflcation pro-
cess WhlCh is part of the fire department's routlne survey of bUSlnesses.
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In such a process a bUSlness lS asked lf requlrements of the smoking or-
dlnance are being compIled wlth and the answer lS recorded along wlth other
lnformation collected through the f1re department lnspectlon.
ENFORCEMENT SUMMARY
The experlence of other clt1es suggests that enforcement of a smoklng or-
dlnance should be viewed as essentially a publlC lnformatlon functlon with
complalnts followed up on through a written response. Informatlon regard-
ing the ordinance could be dlstrlbuted through a d1rect ma1llng to all
buslnesses in the Clty, the BUSlness Llcense Off1ce, Seascape, and a news-
paper ad. In addltlon, the sponsoring of educational workshops ln co-
operation with the Lung Assoc1atlon and the routlnlzation of lnformatlon
regard1ng compliance through regularly scheduled on-site inspect10ns should
be explored. Initial discussions wlth affected departments have been held.
A flnalized enforcement procedure should be referred to staff for
development.
LOCAL INPUT
In a prel1minary discussion w1th Clty staff, a representat1ve of the local
Chamber of Commerce expressed concerns related to the potent1al burdensome
effects of a strengthened smoking ordlnance on local bus1nesses.
BUDGET/FINANCIAL IMPACT
It is antlclpated that, based on the experlence of other c1t1es, the publlC
1nformation effort associated with a strengthened smoking ord1nance could
be absorbed through current Clty publlc lnformation programs and the pro-
cessing of complalnts, could be absorbed by an eXlst1ng staff posltlon.
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Santa Monica Hospital Medical Center
P~L1CY
POLlCY NU~'B[R 1.7
FUNCT10NA.L
AREA S.\fCP:' 110SflT\L-"ICE
PAGE
OF
3
SUBJECT
EFFECTIVE
DATE
ForL11 7/-8-0 RC~J 0"2--
SMOKING POLICY
APPROVE D
REGl1LATION:
Senate B~ll 1108 (Chapter 193, SLatues of 1980) prohlblt~ smokIng In paCl~n~ c~rc
areas. tvcllllllg r0001'> , ilnd VI<,ltIng room" of ,1 he,-Illh f.lClllly, ('XC(P' 'il''''l Ir'l,
specIfIcally deSIgned as "SmokIng" or "No SmokIng" drca~. III JddItlOIl, LI"_ "Tf',
LIfe Safecy Code, SeclIon 31-4.4, and the JC~H "tandJrd [or FUncLIondl S.lft'1 ~ ,Inti
SanItatIon set forth speCIfIc fIre safety reqUIrements for smoklps In ~Cdl~b carc
faCIlItIes.
PURPOSE:
To speCIfy a standard whIch ensu~es complIance WIth IOCdl, Slate, and EcdClal
safety regulatIons, to Increase general awareness of the potcnLldl healer dnd
safety hazards assocIated WIth smokIng In the hospItal, and to prcvId~ a more
safe and healthful enVIronment for patIents, phYSlCIans, e~pioyecs, ard '.l~ltorb.
POLICY:
I. ComplIance
It IS unlm..rful to smoke 111 areas where "No Smolnng" "Igns have bee" pC;,t;:.d
All patIents, physlcla~s, employees, and Vlsltors arc expected to CO~0~ ',I'~
the hOspItal smokIng POlICY and to refrain [rom smokIng In these restrItt{d
ar€ciS. In addItIon, smok1ng IS dIscouraged In all area~ of the bOb?It~!,
and pIpes and ~lgars are prohIbIted 1n patIent care areas.
II. Enforce~ent
A. The smokIng POlICY WIll be en[orced by all department heads and ~upcr-
VIsor::, In theIr re::,pecllve area<, of responslblllly.
B. All employees are expected to polItely ask any IndIVIduals who are
smokIng In unauthOI"IZed areas of the hospItal to extIngUIsh clgarcllCb.
pIpes, etc., and to comply wIlh th~ POlICY,
r'
D. A securIty offIcer should be contacted when aSSistance WIth enfercenenc
15 reqUIred. In the case of phYSICIan non-complIance, ad~I~~straLIcr
should be notIfIed ImmedIately. I
III. E~ployee and MedIcal Staff SmokIng Regulatlon~
A.. EMployees and physIC1.anS are not. allm.,Jed to smoke l.n any arE'>"l of the
ho~pltal where "No Smoking" slgn~ hdVE' been po~ted. ThIS lnclujes, but
IS not. Ilm1ted to, the follOWIng:
I. PatIent rooms
2. Hallways <.lnd <,ta1.rwells
3. Elevators
4. The north~Ide sectlon of the carcL~rla
'I:::..la ~nQ IIJ-,.O
@1
Santa Monica Hospital Medical Center
e
POLICY
e
POLICY NUMBER 1 -.
rUNCTIO:--:Al
AREA S:.FETY i!OS?lT~L-' IDE
PAGE
2
OF
3
SUBJECT
EFFECTIVE
DATE
Fcrr;l:7!80 Re"'o/P':"
Sl-lOKING POLICY
APPROVE:.D
5. Any areas of the hosp1tal where flammable lIquIds or sases,
or oxygen are 1n use or stored. These areas shall be ldentlfled
wIth "No SmokIng" sIgns of the International symbol type.
6. Any areas of the hospItal where combustIble mater1als or sup~llcs
arc stored. These areas shall be ldenllflcd WIth ";-..[0 Smoklng"
SIgns of the InternalIonal symbol type.
7. Departmental areas where "No Smokl.ng" signs are posted.
8. Other deSIgnated "No Sll'OkIng" areas.
B. Sm0kl.ng by per'ionnE'l u<,lng the surglcil] or oh~LC'trl(i11 ~u' ((", dnd
nurserIes shall be IlmlLed Lo dressIng room'i and loung~s, dcor~ le~dIn~
to the SUItes from these areas shall be kept closed.
C. Employees are not allowed to smoke In publIC waItIng area~ unless the)
are off duty and waItIng for a pat1cnt (I.e., fdmlly me~ber or frIen~).
D. Wastebaskets and ashtrays shall be made of noncombustIble matcrldls.
Wastebaskets shall not be used as ashtrays.
E. Metal contaIners with self-closIng Lover deVIces Into ~h1ch a5hr~2\~
may be e~ptIed shall be readily avaIlable 1n all areas where ~TO<lP;
IS permItted.
Note: SmokIng In conference rooms, the clInIC dudItorlun, d,G other
meetIng rooms may be deslgnaLed (as eIther a smokIng or ~oP-s7ch:~g
area at the tIme of a partIcular conference or meet1ng by the Indlv-
ldual who conducts the meetIng).
IV. PatIent Snaking Rcguldllons
SmokIng In bed or dIscardIng smokIng materIals Into ord1nary waste CQnlal,C~S ;
not deSIgned for receIVIng them lead the lIst of cau~es of fIres l~ hcal:h
care faCILItIes. Therefore, the foll~wlng requlre~ents must be net wlt~cut ,
except~on: r~
A. Ambulatory patIents shall not be permltLed to smoke In bed.
I
B. PatIents who are confined to bed should be dlscourabcd fro~ smo~l~;
at all tImes.
C. Patients who are confIned to bed and allowed to s~oke sball b~ aler: ard
orIented and must have the permISSIon of the phYSICian or nwrsc In cbarge.
Frequent checks by the nurSIng staff to ensure patIent safety a~e requlrec.
D. UnsupervIsed smokIng by patIents claSSIfIed as not mentally or phY~llall}
responsIble for theIr actIons shall be prohIbIted WIthout exceptIon. Thl~
Includes patIents so affected by med\Catlons.
(~
Santa Monica Hospital Medical Center
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POLICY
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...
POLICY N Ur.,1l3E R
] . 7
FUNCTIONAL
AREA SAFETY HOSPIT~L-;IDE
P,\(,(
J
()~
3
SUB) EeT
I: F FECTrVE
DATE
Form:7/80 Rev S/SL
SMOKING POLICY
APPROVED
E. Patlents shall not be perm~tted to smoke ln areas where oxygen l~ bClnb
used. All pat~ents and V1s~tors 1n a room must be 1nformed ~~en oxy;cn
~s 1n use ~n that room. Smok1ng mater1als (mat~hes, Clgaret:e~, llgbters,
et~.) shall be removed fcom all patienls rec~lvIng oxygen therapy ~nd
from the area of adm1nistratIon wlthout exceptIon.
F. Smok1ng shall not be perm1tted 1n a pat1ent room Unles~ all perso~s
ass~gned to th~s room have r~que~ted a room where smOKIng I~ pc TffiltLcd
In the event that our o~cupan~y has rca~hed maX1mum ~apd~lty, ~cndLc Elil
1108 allows the hosp1tal reasonable t~mc to reassIgn patlents to rlDprO-
prlate rooms (reasonable t~me 15 defLned as that t1me reQU1r2d to ,akc
the reass~gnment WIthout Imposlng undue hardshIp, ln~cnvenle~~c, or jl~-
comfort to elther smok1ng or non-smoklng patlents).
G. Every reasonable effort shall be made to aS~lgn patIent~ ~o cCQn~
accordlng to thelr IndIvIdual smoklng or non-smoklng prefere~ce.
H. In the event that It becomes neccssary to transfer a patle~t DCCaU~€
of the need or deslre to smoke, the patLent wlshlng to s~Qke s~c~lc be
transferred.
I. SIgns pertalnlng to smokIng are not reqUIred to be posted ln pallcrt
rooms unless oxygen IS 1n use.
J. Ashtrays of a non-combustlble materIal and safe deslg~ ~ust be prQvldec
for all pat~ents who are allowed to smoke, Without exceptlon.
K. Metal contaIners wilh self-~loslng (over devlces Into whIch ash~r~ys ~~)
be emptled shall be reddlly avaIlable 1n pat1e~t care arca~.
V. VLsltors Smok1n~ Regulations
A. Vlsitors may not smoke in pallcnl roomS 0[" O1:her de~lgnaLed "No Sr.o'<.1n1;"
areas. r'
I
B. VISItors who do not comply With the smoklng POllCY wll1 bc asked to lEave I
the hosp1Lal premlses.. j
I
I
ResponSIbility for the reView and revislon of thlS POllCY has been asslgned ~o I
the Senlor VLce PreSIdent.
REVIE~.lED:
DATE:
REVIH1ED:
DATE:
REVIEHED:
DATE:
REVIEl,rED:
DATE:
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RECOMMENDATIONS
Pendlng directions from Counc11, no recommendatlons are made at th1S t1me.
Prepared by: V1V1an Rothste1D
Community L1a1son
Jennifer Zunlga
Senior Administrative Analyst
Attachment
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=t~ TFcAY , r 30
Start of ITeM 30
M.=:rsscge
Subject
Sender
[1::1 Ted
1 Z ,/[1 0.. :3 4 ~ + ,: 35 1
SMO~ln9 Ordln~nce ProPo5~ls
DavId EPSTEIN / CDUNCL/Ol
Conten"'s. 4
Pdr- t 1
TO Cathv SCHROEDER / COUNCL 01
Pdrt 2
Please prov1de addressees WIth hard copIes
P.:wt ::;
TO. JaMes CONN / CDUNCL/Ol
Ken EDWARDS / CDUNCL/O!
WIllIdM JENNINGS, COUNCL/Ol
Herb KATZ / COUNC~ 01
[hrl;: tIne REED " CDU~~CL 1=11
DennIs ZANE / COUNCL'Ol
CC John JHLILI / ~GR'Ol
Bob MYERS / A~~i~Ol
V1u1dn ROTHSTEIN' MGR/Ol
Pat- + 4
Sf"lok 1ng
;-Pledse
The follOWIng are MV recoMMendd~lon5 regard1ng the
ord Inance In genera 1 - 1 t tracks the Los AfH;le Ies 1.:1 tl.
let Me know If vou ~ave sU9gest.ons or COMMents
proposed
Ord1nc'lnce.
1 AudItorIUMS, Theatres, Meet1ng ROOMS Prohlbl~ except where
there IS a separaTe balcony where SMokIng Ma~ be perMlt.ed
2 P~DlIC PestrooMS Proh1blt unless there are two restrooMS or d
separate lounge and one IS non-SMokIng
<
..J
E.IE-1.late,rs
Prohlblt
4 H05plt~ls Prohlblt except 1n des1gnated enclosed areas,
.
non-publ1c areas (WhlCh shall be 3ub]ect to ge~erdl workplace regulat~ons))
and allow sMoklng bv patlents 1n rOOMS onlv If all patlents SMoke
5. CltV MeetIng rOOMS
SdMe ~s dll other theatres) etc
6 Retall food stores and pharMaCIes
Press <RETURN) to contInue >>
Prohlblt
7 RetaIl stores.
PerMlt
8
Bu S e 5 .
Proh1blt
~'3
-/
r
e
e
~
enclosed
q Museuf'1s,
lounge areas,
L~brar~e3
'~ail-=rle~
F'~Cftllb IT,
except
In
<je~1.9nated
or non-R~~l~c ~re~3
10 ~e~~aurdnTS Prohlbl~ Dlrect stafF Yo propose uoluntar~
prograM If feaslble 00 not ~el~v enactMe~~ or ordln5nce ,C walT ~or staff
report,
11 Wor~places ~ll workplaces wIth ~ore Than ~ E'Mrlovees
Ado~t prOVl5lO~S of L~ ordInance
12 E~forceMent. Allow prlyate ClVIl 3ctlon ~ttorneyJs fee
prOVISIon In C3se of retallatIon agalnst eMployees Clty shall enforce
crIMInal penaltlE'S FIrst offence shall be an lnfractIon, except for
retalIdTlon a3dlnst eMPlovee~) wnlch shall be ~l~deMeanor Second offense
wlthIn 18 Months prosecutable as MIsdeMeanor
Press ,RETURN> to contInue .,~
I
sU[?'~es t
enrOrCE'ME'n+ throuqt, the ConSUMer ~f~dlr5 Offlcer
In
the
CITY Attor~ey's offIce
C1t3t10ns, E'tc OffIce
1 n Man\,' ca~ e=-
C'lO of 11"e-,"" 3D
f:-