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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, 2 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. 3 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: 5 ;~~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