O2321City Council Meeting: September 14, 2010 Santa Monica, California
ORDINANCE NUMBER 2321 (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 TO
PROHIBIT SMOKING AT ANY LOCATION ON THE SANTA MONICA PIER
WHEREAS, on April 27, 2004, the City Council adopted Ordinance
Number 2122 (CCS) amending Chapter 4.44 of the Santa Monica Municipal
Code to prohibit smoking on the Santa Monica Pier, except in designated
smoking areas; and
WHEREAS, in order to reduce the potential adverse impact of smoking on
visitors, the City Council adopted Resolution. Number 9981, which designated
nine (9) smoking areas on the Santa Monica Pier; and
WHEREAS, pier maintenance staff, harbor patrol officers, and Fire
Department staff have documented a number of fires on the Santa Monica Pier
since the adoption of Resolution Number 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
WI-lEREAS, the current nine {8} 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
WHEREAS; 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 COtJNCIL C7F THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Section X3.44.0'10, entitled "Definitions," 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} Dlrain Area. Anon-residential location where
food or beverages are served by a business or routinely
consumed by customers. This includes but is not limited to
restaurant or bar seating areas and patios.
{b} iuiti-Unit Ccr€rsrnc~r~ Area. Any indoor or
outdoor area of a multi-unit residential property {including
rental properkies 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 roorr€s,
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oommon cooking areas, outdoor dining areas; patios, play
areas; swimming goals, gardens, and parking lots.
{c} Santa Konica Pier. The Santa Monica Pier,
into the Santa iV1anica Bay.
{d} Service Area. A place where people use ar
wait far services pray€ded by a private or government entity.
This includes but is not limited to bus stops, ATtvt lines,
infors~nation kiosks and theater lines.
{e} Srrroke or Srrook6r:. The carrying or holding of
alighted pipe, cigar, cigarette; or any other €ighted smoking
product or equipment used to burn any tobacco products,
weed; plant, or any other oombustible substance. Smoking
includes emitting or exhaling the fumes of any pipe, cigar;
cigarette, or any ether lighted smoking equipment used for
burning any tobacco product, weed, plant, or any other
combustible substance.
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SECTi{7~1 2. Section 4.44.o2o{a}: entitled "Smoking in Specific Locations," of the
Santa lUtonica Municipal Code is hereby amended to read as follows:
{a} Smoking in Specific Locations. It is unlawful to smoke in the
following places:
{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 defined in
government bode Section T596};
(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;
(10) Any Pawners Market;
{11) The property of any public library.
SECTBO~ 3. Section ~.44.~25, entitied "Special tJse Exemptions,,, is hereby
added to the Santa ~rlonica t3unicipai Code to read as foiiows:
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;~~CTIC76~ 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this {ordinance. The City Clerk shali cause the sarr~e to be published once in the
ofFicial newspaper within 15 days after its adoption. This CJrdinance shall become
effective 30 days from its adoption.
APPROVED AS TC? FOAM:
MA ANA J S MO RIE
City Attorn
Approved and adopted this 14th day
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. 2321 (CCS) had its introduction on August 10th,
2010, and was adopted at the Santa Monica City Council meeting held on
September 14th, 2010, by the following vote:
Ayes: Council members: Bloom, Holbrook, Davis, McKeown,
Mayor Pro Tem O'Connor, Mayor Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Day
A summary of Ordinance No. 2321 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
City Clerk