O2318City Council Meeting: August 10, 2010 Santa Monica,
California
ORDINANCE NUMBER 2318 (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 EXPAND PROTECTIONS FROM
SECOND-HAND SMOKE IN MULTI-UNiT RESIDENTIAL PROPERTIES
WHEREAS, more than 440,000 people die in the United States from
tobacco-related diseases every year, making it the. nation's leading cause of
preventable illness; and
WHEREAS, in 2006 the United States Surgeon General issued a
landmark report describing "massive and conclusive scientific evidence" that
environmental 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 level of exposure to secondhand smoke" and that exposure to ETS has
"immediate adverse effects" on the cardiovascular system; and
WHEREAS, the Surgeon General's Report concluded that public smoking
laws are having the effect of improving public health and also reducing the
incidence of smoking generally; and
WHEREAS, the Centers for Disease Control estimates that secondhand smoke
expasure oauses as many as 300,000 children in the United S#ates to suffer from lower
respiratory tract infections such as pneumonia and bronchitis, exacerbates childhood
asthma, and increases the risk of acute, ohronic middle ear infectian in children; and
WHEREAS, the United States Environmental F'rotectian Agency. {EPA) has
classified seoond-hand smoke as a Graup A caroinagen, the most dangeraus class of
aarainogens; and
WHEREAS, the EPA has ooncluded that seoond-hand smoke causes coronary
heart disease in non-smokers; and
WHEREAS, expasure to ETS is the third leading cause of preventable death in
this country, killing over 52,000 non-smokers each year, including 3,000 deaths from
lung cancer; and
WHEREAS, second-hand smoke is especially hazardous to particular groups,
including those with chranic health prablems, the elderly, and children; and
WHEREAS, the California Air Resources Board {GARB) has of€ioially identified
second-hand smoke, or ETS, as a "toxic air cantaminant" pursuant to Health and Safety
Code Section 39660, providing the mast authoritative finding to date of the health
dangers of ETS in California; and
WHEREAS, the CARB's Scientifio Review Panel found that ET5 concentrations
in some outdoor locations was comparable to these found inside smokers' homes; and
WHEREAS, the CARS report noted the following health statistics resulting from
seoond-hand smoke exposure each year in the state of California:
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• Over 400 additional lung cancer deaths
• Over 3,600 cardiac deaths
• About 31,000 episodes of children's asthma
• About 21 cases of SIDS
• About 1,600 cases of low birth weight in newbarns
• Over 4,700 cases of pre-term delivery; and
WHEREAS: what the scientific research has can~rmed is reflected in the. large
and growing number of local, 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 residences; and
WHEREAS; in the period since Council adopted the 2009 prohibition on smoking
in multi-unit oommon areas City staff and other agencies have received numerous
complaints from tenants of EIS exposure originating in exolusive-use areas such as
patios and balconies; and
WHEREAS, expanding the definition of outdoor common areas at multi-unit
residential properties to include areas within 25 feet of doors; windows and vents is
necessary to protect the public health, safety and welfare of Santa Monica residents;
and
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WHEREAS, a gnawing number of tenants and awners in Santa Monica are
requesting greater protections from ETS at multi-unit residential properties inoluding
designation and disclosure of the smoking status of individual units; and
WHEREAS, an ever-gnawing number of California cities already regulate ETS in
the manners described below,
NOW. Ti-IEREFORE. THE CITY CCJUEJCIL OF THE CITY OF SAhITA fV1t~~31CA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 3. Chapter 4.44 of the Santa Monica Munioipal Code is hereby
amended to read as follows:
CHAPTER 4.44
REGULATION OF SMOKING
Section 4.44.010 Definitions.
The follawing words and phrases, as used in this Chapter ar in any
other applicable law regulating smoking, shall have the following
meanings:
{a} Dining area. Anon-residential location where food or beverages
are served by a business or routinely consumed by customers: This
includes but is not [invited to restaurant or bar seating areas and patios.
(b) Multi-unit Common Area. Any indoor or outdoor area at a
multi-unit residential property {which inolude rental properties and
oondominiums} that is aacessible to and usable by the oacupant of more
than one unit, including but not limited to hails; walkways, lobbies, laundry
rooms, common cooking areas, outdoor dining areas, patios, play areas,
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{c} Service area. A place where people use or wait for services
provided by a private or government entity. This inc{udes but is not {invited
to bus stops, AT~r1 lines, information kiosks and theater lines.
Section x.44.®20 Prohibitions.
{a} Smoking in Specific Locations.
0t shall be unlawful to smoke in the following places:
{1} Any elevator;
{2} Any public park;
{3} Any public beach;
{4} Anywhere on the Santa iVtonica Pier, except in designated
areas;
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(5} Any outdoor service area;
(6} (Heide any public building {as that term is defined in
Government Code Section 7596);
{7} Any outdoor dining area;
{6} Within twenty feat of the entrance, exit or open window of '
any building open to the public;
{9) The Third Street Promenade;
{10) Any Partners Market;
{~ 1) The property of any public library;
{b} t~isposal of Smoking Waste.
o person shall dispose of any cigarette; cigar or tobacco, or any
part of a oigarette or cigar, in any place where smoking is prohibited under
this Chapter, exoept in a designated waste disposal container.
(c} Liability of Businesses.
hlo 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
covered under subseotion {a}{7} shall post one or more prominent signs in
conspiouous locations to apprise users of the prohibition of smok'sng in that
autdoor dining area. Multiple signs must be provided as needed for larger
areas to ensure that signs are readily visible to all 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 for the first violation; two
hundred dollars for a second violet€on within one year; and five hundred
dollars far a third and subsequent violations within one year.
{2} Nonexolusive Remedies and Penal#ies. Punishment under this
Section. 4.44.030 Sale of tobacco by vending machine or other
meohanioaf device or out of package.
{a) Purpose. The City Counoil finds cigarette smoking and other
tobacco use by minors to be a continuing problem with grave public health
oonsequenoes. Studies show that the vast majority of adult smokers
began as teenagers; and that teenagers who begin using tobacco before
{b) Notice Required. The landlord or homeowners' association
of every multi-unit residential property shelf provide notioe of the remedy in
sub-seotion {a} to aii affected ocoupants by:
{3} posting and maintain€ng one or more prominent signs in
conspicuous locations in eaoh Multi-Unit Common Area to ensure
that the signs are readiiy visible to all users of the area; and
{2) not €ater than December 1, 2Q10, serving written notice
on each unit desoribing the definition of the common area and the
remedies for smoking (here.
{o} Limitations and Exceptions.
{i) Nothing in this section may be used as grounds to terminate
a tenancy. Nothing in this seotiori shall render smoking in Multi-Unit
Common Areas a violation of law pursuant to any rental housing
agreement.
{2} No notion may be brought pursuant to this section unless the
{3} The property owner, manager; or homeowners' assooiation
may designate a portion of a Multi-Unit Common Area where smoking is
allowed. Any such designated area:
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{A) must be located at least 20 feet from any indoor area;
{~) must not include and must be at least 20 feet From play
or recreation areas including but not limited to areas improved or
designated for swimming or other spor#s;
{C} must be no more than 25 percent of the total outdoor
area of the premises of the property;
{G) must have a clearly marked perimeter;
{E) must be sdentified by conspicuous signs; and
{F) must not overlap with any area in which smoking is
otherwise prohibited by this chapter or other law.
{d} Nonexclusive ~2emedies and Penalties. Nothing in this Section
shall preolasde any person from pursuing any other remedies, penalties or
procedures provided by law.
SECTION 2. Any provision of the Santa Ntonica fviunioipal Code 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 provisions of this Ordinance.
SECTION 3. If any seotion, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall nest affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
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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 attesk 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.
A~I'ROVEC} AS TO FOF2fV1:
,;r
MAI~yS A RES M UTRIE
City ttor e
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Approved and adopted this 10th day of August, 2010.
i
am O'Connor, Mayor Pro Tem
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2318 (CCS) had its introduction on July 27th, 2010,
and was adopted at the Santa Monica City Council meeting held on August 10th,
2010, by the following vote:
Ayes: Council members: Bloom, Holbrook, Davis, O'Day,
McKeown, Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Shriver
A summary of Ordinance No. 2318 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, ity Clerk