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city council Meeting 1-10-95
Santa Monica, California
JAM 1 0 1995
TO: Mayor and city council
FROM: City Attorney
SUBJECT: Ordinance Amending The Municipal Code By
Repealing Chapter 4.44 pertaining To The
Regulatlon Of Smoking
Introduction
At its meeting of December 13, 1994, the City Council directed
legal staff to prepare an ordinance which would repeal Chapter
4.44 of the Municipal code, which regulates smoking, and thereby
make state restrictions upon smoking operative within the City of
Santa Monica. The requested ordinance is attached to this staff
report.
Backqround and Discussion
AB13 (lithe Friedman Bill") went into effect on January 1, 1995.
The Friedman Bill restricts smoking in places of employment in
order to protect employees from the hazards of environmental
tobacco smoke. The restrictions imposed by the Friedman Bill are
signiflcanti however, the bill does not impose an outright
prohibitlon against smoking in workplaces. Instead, the Friedman
Bill contains certain exceptlons and limitations which allow for
smoking in places of employment under certain circumstances.
At its meeting of November 29, 1994,
Ordinance 1782 which amended Chapter
the city council adopted
JAN 1 0 1995
4.44 of the Municipal Code
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so as to impose broader prohibitions against workplace smoking
than those contained in the Friedman Bill.
At its meeting of December 13, 1994, the city council voted to
direct the city Attorney to prepare an ordinance which would
repeal local restrictions and thereby make state restrictions
operative within the city of Santa Monica. The accompanying
ordinance fulfills that directive. If adopted, it would have the
effect of leaving the regulation of smoking to state law. That
18, the provisions of the Friedman Bill would be controlling.
Recommendation
If, as a matter of policy, the Council wishes to repeal the
City's smoking ordinance and leave the regulation of smoking to
state law, it is recommended that the attached ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney