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SR-702-002 (7) CCS:f:ccsadmin\share\staffreports\osm\032503smokefreeparks Council Meeting: March 25, 2003 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction and First Reading an Ordinance Prohibiting Smoking in Santa Monica Parks INTRODUCTION This report recommends that the City Council adopt an ordinance prohibiting smoking in parks. 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 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. The Commission discussed extending the smoke free policy to the boundaries of Santa Monica parks. Public testimony highly favored extending the smoke free policy. The Commission favored a combination of community education and signage to inform the public of the smoke free policy and achieve voluntary compliance. On February 11, 2003, the City Council approved a policy prohibiting smoking within the boundaries of Santa Monica parks and directed staff to prepare the necessary ordinance and resolution changes. DISCUSSION The proposed ordinance prohibits smoking within the boundaries of any park and prohibits the disposal of any smoking related waste within the boundaries of any park, except in a designated disposal container. Violations of this section will be punishable by a fine of $250. FINANCIAL/BUDGET 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 It is respectfully recommended that the accompanying ordinance prohibiting smoking in parks be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney Barbara Stinchfield, Director, Community & Cultural Services Adam Radinsky, Consumer Protection Attorney