sr-081010-7d~~~
City Council Report
~~~y of
6anta nlonica~
City Council Meeting: August 10, 2010
Agenda Item: ~ "Y ~
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development
Scott Ferguson, Fire Chief
Subject: Smoking Prohibition on the Santa Monica Pier
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance to prohibit smoking on the Santa Monica Pier.
Executive Summary
The Santa Monica Pier, California's oldest pleasure pier, draws as many as four million
residents and visitors annually.. On September 14 2004, in an effort to minimize the
adverse impacts of smoking on visitors, while also preserving access to smoking areas,
the City Council limited smoking to nine designated smoking areas on the Pier.
However, the dangers posed by continuing to allow smoking on the Santa Monica Pier
puts the Pier, Pier businesses, and public safety at risk. One of the biggest threats to
the historic wood-plank Pier is the risk of fire. Improperly extinguished cigarettes are
reported to be the leading cause of fire on the Pier. While the incidences of fire have
dropped since the partial ban was imposed, it has not eliminated the fire hazards that
smoking presents. In order to reduce the risk of future fire incidents, staff recommends
that the City Council adopt an ordinance prohibiting smoking anywhere on the Pier. If
the ordinance is adopted, staff will install highly visible signage and will coordinate with
the Pier Restoration Corporation to implement a public awareness and education
campaign about the new prohibition.
Background
Two recent fires on the Pier, caused by discarded cigarettes, have brought attention to
the need to examine the current smoking policy which permits smoking on the Pier in
nine designated smoking areas. On April 30, 2010, a fire caused approximately 30
square feet of damage to the Pier and a second fire on May 11, 2010 caused roughly 50
square feet of damage. At the July 7, 2010 Pier Restoration Corporation Board meeting,
the Board approved a motion to request that Council ban smoking on the Santa Monica
Pier.
1
Discussion
Currently, the. City prohibits smoking in parks, beaches, all outdoor dining areas,
farmers .markets, on the Third Street Promenade, and at outdoor waiting areas (e.g.
ATMs, bus stops, movie lines). However, smoking is still permitted in designated
smoking areas on the Santa Monica Pier--a structure made primarily of wood. Although
the timber deck boards and piles are treated with fire-resistant coatings, a fire hazard
exists when a cigarette falls in between the wooden deck boards igniting the dust and
debris caught between and under the planks. The dust and debris can act as kindling
for a fire to begin underneath the .boards; visible above the deck only upon the fire
growing larger. Fortunately, the two recent fires were caught and extinguished before
significant property damage was sustained, but it is a .reminder that fire caused by
smoking is a threat that could have a devastating impact on the Pier and on public
safety.
Tenants on the Pier have expressed concern that they will be given the task of
enforcing no smoking on the pier and have encouraged the City to engage in a
continual education campaign to inform visitors of the smoking ban.
The implementation of the ban will consist of an ongoing education/awareness phase
including conspicuously placed signage and educational materials. Police and Harbor
Guards will enforce the prohibition by advising visitors about the ban. SMPD already
reports successful voluntary compliance at locations where smoking is currently
prohibited and anticipates having to issue citations only on rare occasions. If a ban is
authorized, the closest smoking area will be Ocean Front Walk - a wide pedestrian
pathway that runs north and south of the Pier.
Financial Impacts ~ Budget Actions
Costs associated with the implementation of this policy include new signage and
reprinting of existing educational materials. Approximately $5,000 is available in
2
Account No. 30582.533240 to purchase the signs and approximately $5,000 is available
in Account No. 01207.578671 to reprint the educational materials.
Prepared by: Elana Buegoff, Sr. Development Analyst
Approved:
n y Agle, Director ~, \
Housing and Economio-Development
Forwarded to Council:
Rod Gould
City Manager
Approved:
Ferguson, Fire Chief
Monica Fire Department
Attachments:
A. Ordinance
3
City Council Heating: August 10, 2010 Santa Monica, California
oRDi~ArvcE ~t~HeER {ccs3
{City Council Series)
AN ORDIiVANCE OF THE CITY CC3UtVClL OF THE CITY C?F SAhBTA HOIVICA
AMEHDIIVG CHAPTER 4.44 f3F THE SA(~TA HOhIICA Mtl1ClPAL Ct~DE TO
PRC7HlElT SM096lt~lCa AT A~~ ~acATlaiv c~~ THE sA~TA MOfVICA PIER
WHEREAS, on Apri! 27, 2004, the City Council adopted C7rdinanee dumber 2122
{CCS) amending Chapter 4.44 of the Santa Monica Municipal Code to prohibit smoking
on the Santa Honioa Pier, except in designated smoking areas; and
WHEREAS, in order to reduce the potential adverse impaot of smoking on
visitors: the City Council adopted Resolution Rlumber 9981, which designated nine {9)
smoking areas on the Santa Monica Pier; and
WFIEREAS, pier maintenance staff, harbor patrol officers; and Fire Department
staff have dooumented a number of fires on the Santa Monica Pier since the adoption of
Resolution EVumber 9981; and
WHEREAS, on April 30, and May 11, 2010, discarded cigarettes ignited two
major fires on the west end of the Santa Monica Pier; and
WHEREAS, the current nine {9} designated smoking areas create a substantial
and unacceptable risk of fire; which threatens the health and safety of the public using
the Santa Monica Pier: and
V~IHEREAS, prohibiting smoking on the Santa Monica Fier will substantially
reduce the risk of fire and the potential threat to the public.
NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOV~IS:
SECTION 1. Section 4.4.0'10, entitled "C3efinitions," of the Santa Monica
Municipal Code is hereby amended to read as follows:
The following words and phrases, as used in this
Chapter or in any other applicable law regulating smoking,
shall have the following meanings:
{a} ~lnln~ Area. ~, non-residential location where
food or beverages are sewed by a business or routinely
consumed by customers. This includes buff is not limited to
restaurant or bar seating areas and patios.
{b} Multi-t_inlt ~csr-~ra°sora Area. Any indoor or
outdoor area at a multi-unit residentiaB property {including
rental properties and condominiums} that is accessible to
and usable by the occupant of more than one unit, including
but not limited to halls, walkways, lobbies, laundry rooms,
2
common cooking areas; ou#door dining areas, pa#ios, play
areas, swimming pools, gardens, and parking lots.
3
SECTI{7M1( 2. Section 4.44.020{a}: entitled "Smoking in Specific Locations,,` of the
Santa Monica lV~unioipal Code is hereby amended to read as follows:
{a} Smoking in Specific Locations. (t is unlawful to smoke in the
following places:
{1) Any elevattar;
{2} Any pubiio park;
{3} Any public beach;
r~ , ..~__.~..
{4} Anywhere on the Santa Konica Pier; -°^* ;^ ~'°~••^nated
{5} Any outdoor service area;
{6} Inside any publio building {as that term is defined in
Government Cade Section 7596};
{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 Third Street Promenade;
{t0} Any Farmers iVlarket;
{t'I}The property of any public library.
4
SEC`fiO~l3. Section 4.44.025, entitled "Speoial Use Exemptions," is hereby
added to the Santa Monioa Municipal Code to read as follows:
Any actor required to smoke durinc~filming as part of his or her role 6n a film.
television show motion picture or other video program, or such actor's a ec~nt or
representative. may apply to the City for a special use exemption to smoke. in
one of the designations identified in Section 4.44.O~a). If the special use
exemption is oonsistent with the publio health and safety. as determined by the
City Fire Marshall the s_peaial use exemption may be granted. the Cites
Marshall may impose conditions on the special use exemption necessary to
minimize any affect on the publio health and safety.
SECTIOM1I 4. Any provision of the Santa Maniac Municipal Cade or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and. no further„ is hereby repealed or modified to that. extent necessary
to effect the prov€sions of this Ordinance.
SEC1"IOh~ 5. If any section, subsectian, sentence, clause, or phrase of this
5
SECTION 6. The iVlayor shal0 sign and the City Clerk shall attest to the passage
o€ this Ordinance. The City Clerk shall cause the same to be published once in the
o€Ficial newspaper within 15 days a€ter its adoption. This Ordinance shall become
e€Fective 30 days €rom its adoption.
APPROVEC AS TO FOF~It~:
/'t'LC~ ~LL~'7~C-+:
fVt NA J ' DIES N1 TRIE
Cit Attor e