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City Caurr~il ~leetir~g: Ja~iy 27, 201fl
Agsada (#erra. }~~
Ta: Mayor and City Cauncii
From: Marsha Jones Moutrie, City Attorney
Subject: Introduction and First wading of an Ordinance Amending the Anti-
smoking Law To Expand The Protections From Second-Fiend Smoke fn
Multi-Unit Residential Common Areas; To Require Owners Of Multi-Unit
Residential Praperties To Designate And Disclose The Smoking Status Of
Units; And discussion Of Other Potential Areas For Pratectians .Pram
Second-Hand Smake
~eea~n'ora~ended Actian
Staff recommends that City Council in#roduce for first reading the attached prapased
ardinance. StafF aisa seeks Council direction far possible additional areas of pratection
from ascend-hand smake in new multi-unit residential properties and hoteis.
~xec~Eive Sstmrrtary
The repork else includes information requested by Cauncii an passible utiiizatian of
funds from a Las Angeles. County energy and enviranmental program far the purpose of
creating structural pratectians fram seoond-hand smoke in local multi-unit properties.
0=finally, Council asked for more inFormation about possibfe utiiization of designated
federal stimulus money through the I-os Angeles County Pnergy Program; to he€p
create structural protections From second-hand smoke in (oval multi-unit properties.
~i~cta~sit~n
A. ~ropc~~ed ~rd~nar~c~
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The ordinance also includes revised notice requirements to assure that the new rules
are conveyed to all atfiected residents.
The proposed ordinance does not oontain penalties for tenants who smoke in
areas: a private civil remedy in small claims court.
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Councii aiso couid consider whether to revisit the explicit eviction prr~tection for ali
tenants {ourrent s.tU€.M.C. 4.44.fl4E3{o}{1}} in the context of violations of voiuntary
designation of units as non-smoking
the rights of any existing tenants. Therefore, Council could consider adopting stronger
remedies for new canstruction, such as requiring that all (eases for newly constructed
units contain a no-smoking clause {as many other California cities now require}, or
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explicitiy removing the current catch-ail protection from eviction for tenants who violate
the rule in new properties {current S.fV1.~r1.C. 4.44.04o{c}{1})
~ ~os~i~fa lJtil~zaticar~ ~f ~ca~ ~n~eles Courat~ rzer~~1 Prec~rarrs Funs
Council asked staff to study whether the City could utilize funds from the Los Angeles
County i=nergy Program {LACEP}, created through A~ 811 using federal stimulus
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September 2410 and covers existing- single family homes and small {up to 4 units} multi-
unit residential buildings. The second phase will launch in 2011 and will include
commercial buildings and larger multi-unit residential buildings.
According to Los Angeles County staff, in order to participate in LACEP, cities must
adopt a resolution to formally join the program. Council has agendized this resolution for
its meeting on July 13, 2010.
were not the primary goal. Still, it appears that there are possible improvements that
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would both qualify for LACEP funding and provide some degree of added protection
#rom second-hand smoke. Further study is needed to determine the optimal strategy for
multi-unit residential properties.
As a final note, Counoiimembers and members of the public have asked about the
relevance of medical marijuana {and the possible legalization of marijuana) on the City's
second-hand smoke Paws. The City's smoking laws, both existing and proposed, cover
all forms of smoking including marijuana. Just as tobacco is otherwise legal, there is no
exemption for marijuana from the City's smoking restrictions.
Alternatives
Council could consider various alternatives to the proposed approach as described in
more detail above.
financial Irnpa~ts l~~dget Actions
Adoption of the proposed ordinance would have minor financial impact. the expanded
prohibitions of smoking in outdoor residentiai areas would be enforced .primarily by
private persons and would not involve City staff time for enforcement.
€~repar~d by: Adam l~adinsky, Head, Consumer Protection Unit
Paula Rookenstein, Consumer Affairs Specialist
Approved:
(~
c ~~
~ a J n s Moutri
City Attor
Fo arded to ~oaancil:
l~od Gould
City ~ttanager
Attachments: A: Proposed Ordinance
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ATTACHMENT A
City Council meeting: July 27, 2010
Santa Moniea, California
ORDINANCE N~MgER {~cs>
{City Council Series}
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER ~.4~ OF THE SANTA MONICA MUtVICIPAL
CODE ON SmOP~ING TO EXPAND PROTECTIONS FROM SECOND-HANb SMOKE
IN MULTI-UNIT RESIDENTIAL PROPERTIES
WHEREAS, more than 40,000 people die in the United States from tobacco-
related diseases every year, making it the nation's leading cause of preventable (Biness;
and
WHEREAS, in 200& the United States Surgeon General issued a landmark
report describing "massive and conclusive scientific evidence" that enviranmental
tobacco smoke {ETS} causes premature death and disease in adults and children,
including cancer, cardiovascular disease, and asthma; and
WHEREAS, the Surgeon General's Report concluded that "there is no risk-free
ieveE of exposure to secondhand smoke" and that exposure to ETS has "immediate
adverse of€ects° on the cardiovascular system; and
WHEREAS, the Surgeon General's Report concluded that public smoking laws
arc having the effect of improving public health and also reducing the incidence of
smoking generally; and
WHEREAS. the Centers for C~isease ControE estimates that secondhand smoke
exposure causes as many as 300,fl00 children in the United States to suffer from lower
respiratory tract infections such as pneumonia and branchitis, exacerbates childhood
asthma, and increases the risk of acute, chronic middle ear infection in children; and
WHEREAS, the United States Environmental Protection. Agency {EPA) has
classified second-hand smoke as a Group A caroinogen, 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, exposure to ETS is the third leading cause of preventable death in
this country, killing over 52,000 nan-smokers each year, including 3,000 deaths from
lung canoar; and
WHEREAS, second-hand smoke is especially hazardous to particular groups,
including those with chronio health problems, the elderly, and children; and
WHEREAS, the California Air Resources Soard {CARI3) has officially identified
second-hand smoke, or ETS, as a °toxic air contaminant" pursuant to Health and Safety
Code Section 39660, providing the most authoritative finding to date df the health
dangers of ETS in California; and
WHEREAS; the CAR~'s Scientific Review Panel found that ETS concentrations
in some outdoor locations was comparable to those found inside smokers' homes; and
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WHEREAS, the CARE report noted the following health statistios resulting firom
second-hand smoke exposure each year in the state of California:
t3ver 4010 additional lung canoer deaths
Over 3,600 cardiac deaths
• About 31,000 episodes of children's asthma
About 21 cases of SIDS
n About 1,600 cases of low birth weight in newbarns
® Over 4,700 oases of pre-term delivery; and
WHEREAS, what the scientifio research has confirmed is refleoted in the large
and growing number of looal, state, and national governments that have prohibited
smoking in many different outdoor locations in recent years; and
WHEREAS, children and youth who observe smoking in public places may
model the behavior: and
WHEREAS, most Californians do not smoke and a majority favor limitations on
smoking in multi-unit residenoes; and
WHEREAS, in the period sinoe Council adopted the 2009 prohibition on smoking
in multi-unit common areas City staff and other agencies have reoeived numerous
complaints from tenants of ETS exposure originating in exclusive-use areas such as
patios and balconies; and
WHEREAS; expanding the definition of outdoor oommon areas at multi-unit
residential properties to include areas within 25 feet of doors, windows and vents is
necessary to proteot the public health, safety and welfare of Santa. Monica residents;
and
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WHEREAS, a grawing number of tenants and awners in Santa flAanica are
requesting greater protections from ETS at multi-unit residential properties including
designatian and disclasure of the smoking status of individual units; and
WHEREAS, an ever-grawing number of Califarnia cities already regulate ETS in
the manners desoribed be(aw,
IOW, THEREFORE, THE CITY COUIJCiL OF THE CITY OF SAhlTA I~ONICA
GOES HEREBY ORDAI€~ AS FOLLOWS;
SECTION! 1. Chapter 4.44 of the Santa ivtanica funicipai Code is hereby
amended to read as foliaws:
CHAPTER 4.44
REGElLATIO~I OF SNtOKIt~G
Section 4.44.010 C7efinitians.
The fallawing words and phrases, as used in this Chapter ar in any
other applicable law regulating smaking, shall have the following
meanings:
(a} fining area. A nan-residential lacation where faod or beverages
are served by a business ar routinely consumed by customers. This
includes but is not limited to restaurant ar bar seating areas and patias.
{b} [Viulti-l3nit Camman Area. Any indoar or autdoar area at a
lacated an the same graperty.
{a) Service area. A place where people use or wait for services
provided by a private or government entity. This includes but is not limited
to bus steps, ATI~ lines, infiarmatian kiosks and theater lines.
{d) Smoke or smoking. The carrying ar holding of a lighted pipe,
oigar, cigarette, or any other lighted smoking produc# or equipment used to
burn any tobacco products, weed; plant, or any other combustible
substance. Smoking includes emitting ar exhaling the. fumes of any pipe,
cigar, cigarette, ar any other lighted smoking equipment used for burning
any tobacco product, weed, plant, or any other combustible substarioe.
Section 4.44.020 Prohibitions.
{a) Smoking in Specific Locations.
I# shaBl be unlawFul #o smoke in the following places:
{T) Any slave#or;
{2) Any public park;
{3) Any public beach;
{4} Anywhere an the Santa. (Konica Pier, except in designated
areas;
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{5} Any outdoor service area;
{5} Inside any public building {as that terra is defined in
Government Code Section 7595};
{7} Any outdoor dining area;
{8} Within twenty feet of the entrance, exit or open window of
any building open to the public;
{9} the ~"hird Street Promenade;
{35} Any Farmers Market;
{31 } the property of any public library-a
{b} Disposal of Smoking Waste.
Ito person shall dispose of any cigarette, oigar 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} Liability of Businesses.
RIa business owner, operator or manager shall knowingly or
{d) Posting of Signs.
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Every business that owns or controls an outdoor dining area
oovered under subsection (a}{7) shall post one or more prominent signs in
conspicuous locations to apprise users of the prohibition of smoking in that
outdoor dining area. Multiple signs must be provided as needed for larger
areas to ensure that signs are readily visible to a!! users of the area.
{e} Enforcement and Penalties.
{1} Infraction. A violation of this Section is an infraction and shall
be punished by a fine of one hundred dollars far the first violation; #wo
hundred dollars fpr a second violation within one year; and five hundred
doilars for a third and subsequent violations within one year.
{2) iVonexclusive Remedies and Penalties. Punishment under this
Section 4.~4.Q30 Sale of tobacco by vending machine or other
mechanical device or out of package.
{a} Purpase. The City Counoi! finds cigarette smoking and other
tobacco use by minors to be a continuing problem with grave pubic health
consequences. Studies shave that the vast majority of adult smokers
began as teenagers, and that teenagers who begin using tobacco before
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{b) Vending Machines. On or after May 1, 1991, no person sha!!
sel! or dispense cigarettes or other tabacoo products by vending machine
or any other device that automaticaliy se!!s or dispenses tobacoo products.
{c} Out of Paokage Sales Prohibited. It is unlawful to sell
oigarettes out of the manufacturer's package or without required health
warnings
tb} ®esignation Of Smoking Status Of Units.
{3} fJwners of all multi-unit residentiai properties tincludin~
the homeowners' assooiatians of candominiums} shall oa mile and
owner may ohange the status of the unit from smoking to non-
smoking.
~¢E~} (~totice Required. The landlord or homeowners' assooiatian
of every multi-unit residential property t""gees-a- .
Area shall provide notioe of the remedy in sub-seotian {a} to all affected
occupants by:
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{3} When a rental ar condominium unit is vacated. the
{1) posting and maintaining one or more prominent signs in
conspicuous locations in eaoh Multi-unit Common Area to ensure
that the signs are readily visible to all users of the area; and
{2} not later than December 1. 2010, serving written notice
on each unit describing the definition of the common area and the
remedies for smoking there.
{E} Limitations and Exoepfiions.
{1} (Nothing in this section may be used as grounds to terminate
a tenancy. clothing in this section shall render smoking in Multi-Unit
Common Areas or smoking in a designated non-smoking. unit a violation of
law pursuant to any rental housing agreement.
{2} Rlo action may be brought pursuant to this section unless the
oomplaining party has first made a good faith attempt to resolve the
situation informally, including written notice of this section and a written
request to cease smoking in the Multi-Unit Common Area at least 30 days
before filing suit.
{3} The property owner, manager, or homeowners' association
may designate a portion of a Multi-Unit Common Area where smoking is
allowed. Any such designated area:
{A} must be located at least 20 feet from any indoor area;
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{B) must not include and must be at least 2{i feet from play
or recreation areas including but not limited to areas improved or
designated for swimming ar other sports;
(~) must be no mare than 25 percent of the total outdoor
area of the premises of the property;
(C7} must have a clearly marked perimeter;
{E} must be identified by conspicuous signs; and
(F} must not overlap with any area in which smoking is
otherwise prohibited by this chapter ar other law.
~ {~} Rlonexoiusive Remedies and Penalties. i`~athing in this
Section steal! preclude any person from pursuing any other remedies,
penalties or procedures provided by law.
SI=CTIORi 2. Any provision of the Santa i~lonica IViunicipal Gode ar appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inoonsis#enoies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SI=OTION 3. If any section, subsection, sentence, clause, or phrase of this
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or phase not declared invalid or unconstitutional without regard to whether any porfion
of the ordinance would be subsequently declared invalid or unconstitutiona3.
S~CTIOt~ 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
offioial newspaper within 15 days after its adoption. This Ordinance shall become.
effective 30 days from its adoption.
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APPROVED A i TO FOAM: