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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