SR-702-002-03
CCS:f:ccsadmn\share\staffreports\osm\021103smokefreeparks
Council Meeting: February 11, 2003 Santa Monica, California
TO: Mayor and City Council
FROM City Staff
SUBJECT: Proposed Smoke Free Parks Policy and Direction to Staff to Prepare
Necessary Ordinance and Resolution Changes
INTRODUCTION
This report recommends that the City Council approve a proposed policy to prohibit
smoking in all City parks, curb-to-curb and authorize staff to prepare the necessary
ordinance and resolution changes.
BACKGROUND
On January 1, 2002, a new State law took effect designed to protect children in
playgrounds and tot lot areas in parks. Assembly Bill (AB) 188 added Section 104495
to the Health and Safety Code, which prohibits smoking a cigarette, cigar, or other
tobacco-related product within these areas. The purpose of this law is to protect
children in these public areas from harmful effects of second hand smoke and reduce
litter from tobacco related waste. An additional benefit of the law is that children are
less able to observe and copy adult smoking behavior. The law specifically is not
preemptive and states that cities may adopt more stringent local ordinances.
The cities of Beverly Hills, Carson, San Fernando, Huntington Beach and El Monte have
extended the smoke free policy to include entire parks (curb-to-curb). A number of
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other cities are in the process of considering proposals to establish curb-to-curb smoke
free parks.
DISCUSSION
Surveys and research undertaken by the non-profit Committee for Smoke-Free Parks
and Other Public Places in Los Angeles County between 1999 and 2001 show that 82%
of adults in Los Angeles County do not smoke and of the 10,000 LA County residents
surveyed, 93% responded that they support smoke free parks policies for their
communities. The State-sponsored Tobacco, Education and Research Oversight
Committee has a goal of reducing adult smoking to 10% and youth smoking to 2% by
2007.
The Santa Monica Recreation & Parks Commission held a public hearing at its June 20,
2002 meeting to receive input from community members regarding a smoke free parks
policy. Notices were sent out to permit users of park buildings as well as the
Commission?s Sports Advisory Council and Virginia Avenue Park Advisory Board.
Notices were also posted at park buildings, libraries and on the City?s web site. The
Commission discussed extending the smoke free policy, curb-to-curb in Santa Monica
parks. Public testimony highly favored extending the smoke free policy.
There was some discussion regarding excluding parks that do not offer active recreation
opportunities such as Palisades Park, Chess Park and Carousel Park from the smoke
free policy. These are more passive parks and are used by a high volume of tourists,
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many of who smoke. The Commission noted that while these parks may be more
passive in nature, they are intensively used by the public and by children. The impacts
of second hand smoke and modeling adult smoking behavior would still be present.
The Commission also discussed how the smoke free policy would be communicated
and enforced. The Commission favored a combination of community education and
signage to inform the public of the smoke free policy. This is the same approach used
successfully in Beverly Hills for the past two years to achieve voluntary compliance.
The Commission unanimously adopted a motion recommending to the City Council that
all Santa Monica parks become smoke free, curb-to-curb with a recommendation to
implement the policy through community education and adapting existing park signage
with new smoke-free language to inform the public of the ordinance.
This ordinance would be consistent with the City?s prior approach to anti-smoking
issues. Santa Monica was the first city in California to enforce the Smoke-Free
Workplace Act in bars and restaurants. Enforcement, coupled with aggressive public
education, resulted in the virtual elimination of bar smoking in the City.
Given the Recreation and Parks Commission endorsement and the apparent success of
similar prohibitions in other cities, staff recommends that the City Council approve the
proposed policy to prohibit smoking in all City parks, curb-to-curb and authorize staff to
prepare the necessary ordinance and resolution changes.
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BUDGET/FINANCIAL IMPACT
Costs associated with the implementation of a smoke free parks ordinance, specifically
notices, advertising, staff training and park signage, will be absorbed within the
operating budget of the City?s Open Space Management Division.
RECOMMENDATION
This report recommends that the City Council approve the proposed policy to prohibit
smoking in all City parks, curb-to-curb and authorize the preparation of necessary
ordinance and resolution changes.
Prepared by: Barbara Stinchfield, Director, Community & Cultural Services Dept.
Karen Ginsberg, Assistant Director, Community & Cultural Services Dept.
Elaine Polachek, Open Space Mgr., Community & Cultural Services Dept.
Marsha Moutrie, City Attorney
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