SR-702-002 (9)
F:\ATTY\MUNI\STRPTS\MJM\beachpiersmoking.doc
City Council Meeting: March 23, 2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Proposed Ordinance Prohibiting Smoking On The Santa Monica Beach
and Pier, In Waiting Areas for Public Services, And Within 20 Feet Of
Entrances And Exits To Public Buildings
Introduction
The City Council has directed staff to prepare an ordinance prohibiting smoking on the
beach and the Pier. The attached, proposed ordinance fulfills that directive.
Additionally, the proposed ordinance includes a prohibition against smoking at waiting
areas for public services, such as bus stops, creates an enforcement mechanism for the
existing state prohibition against smoking within 20 feet of a public building?s main
entrance, expands that prohibition to include all exits and entrances, and revises and
updates the Municipal Code Chapter on smoking for the sake of clarity and brevity.
Background
The Council has previously adopted legislation intended to reduce the risks to public
health and the detriment to the public welfare attendant upon the use of tobacco
products. For instance, the City Council adopted laws regulating work place smoking
prior to the enactment of statewide prohibitions. More recently, the Council voted to
adopt an ordinance prohibiting smoking in public parks. That ordinance?s findings
reflect the dangers posed by the inhalation of second-hand smoke, the risk of children
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ingesting discarded cigarette butts and other smoking materials, and the degradation to
aesthetics caused by improper disposal of smoking waste.
As to Council?s direction to prepare an ordinance banning smoking on the beach and
the Pier, both the Recreation and Parks Commission and the Pier Restoration
Corporation (PRC) considered the matter. The Recreation and Parks Commission
voted to support an ordinance banning smoking on the beach, in beach parking lots and
on the Pier. The PRC Board and staff have advocated for allowing smoking in a
designated area on the Pier.
As to piers in other cities, approaches vary, sometimes according to pier composition.
For instance, smoking is permitted on both the Redondo Beach and Huntington Beach
Piers. Huntington Beach?s pier is entirely concrete, and Redondo is three-quarters
concrete. In contrast, Venice Pier, also made of concrete, is a non-smoking venue.
Pier 30, in San Francisco, is made of wood; and smoking is allowed but ashtrays are
abundant and obvious. Stearns Wharf in Santa Barbara has a designated smoking
area.
As to anti-smoking measures in general, other cities have adopted a variety of
measures. For instance, Davis, Berkeley, Santa Barbara, Los Gatos, Laguna Hills, Palo
Alto and San Ramon prohibit smoking in outdoor dining areas where food is served.
Additionally, Davis and Berkeley, which appear to have the most restrictive laws in the
state, have prohibited smoking at outdoor events, increased the minimum percentage
for non-smoking hotel rooms from 35% (required by state law) to 75%, and adopted
complete indoor workplace bans (closing loopholes in state law). Additionally, those
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two cities, and others prohibit smoking in waiting areas, and within 20 feet of doors and
windows of businesses and public facilities, unless the smoker is simply passing by.
Anti-smoking advocates and groups recommend a variety of smoking restrictions.
These recommendations include prohibiting smoking in all outdoor dining areas,
prohibiting smoking in common areas of multi-unit residential buildings, making
employers and owners liable for knowingly permitting violations of anti-smoking laws,
and defining the term ?nuisance? in local law to include drifting tobacco smoke that
enters another?s dwelling. Apparently, no California city has, as yet, adopted these
measures. Additionally, one advocacy group recommends adopting a resolution in
opposition to drug stores and pharmacies selling tobacco products.
Discussion
The attached ordinance would amend the Municipal Code to prohibit smoking on the
beaches and the Pier as directed by Council. The ordinance would also prohibit
smoking at waiting areas for public services on the theory that those waiting there are in
a ?captive? situation and cannot simply choose to avoid second-hand smoke.
Additionally, the measure would create an enforcement mechanism to effectuate the
recently adopted statewide prohibition against smoking within 20 feet of the main
entrance of a public building and modify its scope to include all exits and entrances.
Finally, the proposed ordinance would reorganize and consolidate sections of the
Municipal Code on smoking to make them clearer and more concise.
Some of the same factors underlying the Council?s decision to prohibit smoking in public
parks also apply to the beach or the Pier. As in park play areas, small children play in
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the sand on the beach and may ingest anything they find there, including tobacco
products. Additionally, second-hand smoke is disagreeable and dangerous in all
settings, particularly those subject to crowding. Moreover, the aesthetics of the beach
and Pier are adversely impacted by discarded tobacco products.
Also, as the background material indicates, public safety is a special consideration as to
the Pier because of the risk of fire. The Pier is made of wood treated with creosote and
is flammable. Information from City and PRC staff indicates that, in the last year, the
Harbor Patrol responded to several fires that caused physical damage to the Pier.
Additionally, information from police personnel stationed on the Pier indicates that they
extinguish dozens of smoldering plank and trash fires annually. PRC staff reports that
there are currently over 125 burn holes on the Pier caused by discarded cigarettes. Of
these, at least ten are over six inches long.
The PRC has discussed reducing the fire hazard and minimizing adverse aesthetic
impacts through the installation of specialized trash receptacles or ashtrays. Some
have already been installed. The PRC staff has recommended allowing time to gauge
their efficacy before adopting a total smoking ban.
Another consideration raised by PRC Board members and representatives of the
business community is the potential impact of smoking bans on local businesses and
tourism. It is difficult to predict whether there would be a net impact and whether it
would be positive or negative. Presumably interested groups will provide the Council
with viewpoints and information on this topic.
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Available information from other cities is sketchy and/or anecdotal. Santa Barbara
reports only a negligible decline in the last year in pier business overall and an increase
in restaurant sales. Information from Santa Cruz indicates that parking counts are up in
2003 notwithstanding the adoption of a prohibition against smoking on the boardwalk.
In response to contacts made by City staff, employees of the cities of Davis and
Berkeley have indicated that their smoking bans have not adversely impacted local
businesses.
Fiscal Impact
If adopted, this ordinance would be implemented through the use of signage and
enforcement efforts would be undertaken by existing staff. Thus, no direct cost increase
is anticipated.
Recommendation
Staff recommends that the Council introduce the attached ordinance for first reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Adam Radinsky, Deputy City Attorney
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F:\ATTY\MUNI\LAWS\MJM\Smoking SMMC4.44.doc
City Council Meeting: March 23, 2004 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 4.44 OF THE SANTA MONICA MUNICIPAL
CODE ON SMOKING TO PROHIBIT SMOKING ON THE BEACH AND THE PIER, IN
WAITING AREAS FOR PUBLIC SERVICES AND WITHIN 20 FEET OF AN
ENTRANCE OR EXIT TO A PUBLIC FACILITY
WHEREAS, smoking endangers public health; and
WHEREAS, numerous studies have shown that second-hand smoke is a significant
public health hazard; and
WHEREAS, the United States Environmental Protection Agency (EPA) has classified
second-hand smoke as a Group A carcinogen, the most dangerous class of
carcinogens; and
WHEREAS, the EPA has concluded that second-hand smoke causes coronary heart
disease in non-smokers; and
WHEREAS, the United States Center for Disease Control and Prevention (CDC)
estimates that second-hand smoke causes 3,000 lung cancer death per year among
adult non-smokers in the United States; and
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WHEREAS, second-hand smoke is especially hazardous to particular groups, including
those with chronic health problems, the elderly and children; and
WHEREAS, the CDC has found that second-hand smoke causes children to suffer from
lower respiratory tract illness, such as bronchitis and pneumonia, exacerbates childhood
asthma, and increases the risk of acute chronic middle ear infections in children; and
WHEREAS, the City of Santa Monica is committed to keeping its recreational spaces
safe, healthy and pleasant for everyone; and
WHEREAS, smoking on the beach and the Santa Monica Pier endangers children and
adults by exposing them to second-hand smoke; and
WHEREAS, cigarette and cigar butts and used matches dropped onto the ground in
public spaces degrade the aesthetic quality of those spaces; and
WHEREAS, cigarette and cigar butts and used matches dropped into the sand on the
beach are particularly dangerous because young children play in the sand and may
ingest them; and
WHEREAS, smoking in waiting areas for public services endangers the health of those
who use the waiting area to obtain the service; and
WHEREAS, smoking near entrances and exits to public facilities endangers the health
of those who use and work within the facilities; and
WHEREAS, children and youth who observe smoking in public places may model the
behavior; and
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WHEREAS, banning smoking on the beach, on the Santa Monica Pier, within waiting
areas for public services, and within 20 feet of entrances and exits to public buildings is
necessary to protect the public health, safety and welfare of Santa Monica residents,
workers and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.44 of the Santa Monica Municipal Code is hereby
amended to read as follows:
CHAPTER 4.44
REGULATION OF SMOKING
Deleted:
020
Definitions
Section 4.44.010 .
The following words and phrases, as used in this
Chapter or in any other applicable law regulating smoking,
shall have the following meanings:
Deleted:
(a) Bar. An area where
alcoholic beverages are served for
consumption on the premises and in
which the serving of food, if any, is
only incidental and consists solely of
hors d'oeuvres, snacks and similar
foods.
(a) Smoke or Smoking. The carrying or holding of a
Deleted:
b
Deleted:
or
lighted pipe, cigar, cigarette , or any other lighted smoking
Deleted:
of any kind
product or equipment used to burn any tobacco products,
weed, plant, or any other combustible substance. Smoking
Deleted:
the
includes emitting or exhaling the fumes of any pipe, cigar,
Deleted:
or
cigarette, or any other lighted smoking equipment used for
Deleted:
or any kind
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burning any tobacco product, weed, plant, or any other
combustible substance.
(b) Service area. A place where people use or
wait for services provided by a government entity, such as
waiting areas for public transportation.
Deleted:
010
Deleted:
General p
Prohibitions
Section 4.44.020 .
(a) Smoking in specific locations
It shall be unlawful to smoke in the following places:
Deleted:
a
(1) Any elevator;
(2) Any public park;
(3) Any public beach;
(4) Anywhere on the Santa Monica Pier;
(5) Any outdoor service area;
(6) Inside any public building (as that term is
Deleted:
(b) On any bus used in
defined in Government Code Section 7596) or within 20 feet
the business of transporting
passengers for hire in the City,
excepting for charter operations;¶
of any entrance, exit or window of a public building.
(c) Any restroom open to the
general public or provided for use to
customers or patrons, unless there
are separate smoking and
(b) Disposal of smoking waste.
nonsmoking restrooms;¶
(d) Every building owned or leased
by the City of Santa Monica and used
for municipal purposes. If only a
portion of a building is used for
municipal purposes, this subsection
shall apply only to that portion of the
building used for municipal purposes.¶
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No person shall dispose of any cigarette, cigar or
tobacco, or any part of a cigarette or cigar, in any place
where smoking is prohibited under this Chapter, except in a
designated waste disposal container.
(c) Enforcement and Penalties.
(1) Infraction. A violation of this Section is an
infraction and shall be punished by a fine of two hundred fifty
dollars.
(2) Nonexclusive Remedies and Penalties.
Punishment under this section shall not preclude punishment
pursuant to Health & Safety Code Section 13002, Penal
Code Section 374.4, or any other law proscribing the act of
littering. Nothing in this Section shall preclude any person
from seeking any other remedies, penalties or procedures
provided by law.
Sale of tobacco by vending
Section 4.44.030
machine or other mechanical device or out of package
.
(a) Purpose. The City Council finds cigarette
smoking and other tobacco use by minors to be a continuing
problem with grave public health consequences. Studies
show that the vast majority of adult smokers began as
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teenagers, and that teenagers who begin using tobacco
before the age of fifteen eventually have much higher cancer
rates than non-tobacco using teenagers. In recognition of the
Surgeon General's conclusion that nicotine is as addictive as
cocaine or heroin, action is needed to curtail the easy
access of minors to cigarettes and other tobacco products.
Deleted:
Furthermore, by adoption
of Santa Monica Municipal Code
The purpose of this Chapter is to implement a strict and
Sections 4.44.010 through 4.44.030,
the City has already prohibited
smoking in public places, work
enforceable system to prevent the illegal sale of cigarettes
places, and restaurants. The sale of
tobacco by vending machine
encourages violations of these
and other tobacco products to minors.
Sections of the Municipal Code since
minors have access to most of these
types of premises.
(b) Vending Machines. On or after May 1, 1991, no
person shall sell or dispense cigarettes or other tobacco
products by vending machine or any other device that
automatically sells or dispenses tobacco products.
(c) Out of Package Sales Prohibited. It is unlawful
Deleted:
with
Deleted:
Section 4.44.040 Smoking
in public parks.¶
to sell cigarettes out of the manufacturer's package or
(a) Prohibitions.¶
(1) No person shall smoke within
the boundaries of any public park.¶
without required health warnings.
(2) No person shall dispose of any
cigarette, cigar or tobacco, or any part
of a cigarette or cigar, within the
boundaries of any public park, except
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
in a designated waste disposal
container.¶
(b) Enforcement and Penalties.¶
thereto inconsistent with the provisions of this Ordinance, to the extent of such
(1) Infraction. A violation of this
Section is an infraction and shall be
punished by a fine of two hundred fifty
inconsistencies and no further, is hereby repealed or modified to that extent necessary
dollars.¶
(2) Nonexclusive Remedies and
Penalties. Punishment under this
to effect the provisions of this Ordinance.
section shall not preclude punishment
pursuant to Health & Safety Code
Section 13002, Penal Code Section
374.4, or any other law proscribing
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
the act of littering. Nothing in this
Section shall preclude any person
from seeking any other remedies,
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
penalties or procedures provided by
law.¶
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court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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