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