O2391City Council Meeting: February 28, 2012 Santa Monica, California
ORDINANCE NUMBER 2391 (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 IN NEW HOTELS
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;
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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
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WHEREAS, the Centers for Disease Control estimates that secondhand smoke
exposure causes as many as 300,000 children in the United States to suffer from lower
respiratory tract infections such as pneumonia and bronchitis, exacerbates childhood
asthma, and increases the risk of acute, chronic middle ear infection in children; and
WHEREAS, the United States Environmental Protection Agency (EPA) has
classified second -hand smoke as a Group A carcinogen, the most dangerous class of
carcinogens; and
WHEREAS, the EPA has concluded that second -hand smoke causes coronary
heart disease in non - smokers; and
WHEREAS, exposure 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 chronic health problems, the elderly, and children; and
WHEREAS, the California Air Resources Board (CARB) has officially identified
second -hand smoke, or ETS, as a "toxic air contaminant' pursuant to Health and Safety
Code Section 39660, providing the most authoritative finding to date of the health
dangers of ETS in California; and
WHEREAS, the CARB report noted the following health statistics resulting from
second -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 newborns
• Over 4,700 cases of pre -term delivery; and
WHEREAS, there is growing demand among consumers and businesses for
smoke -free hotels in the City; and
WHEREAS, an ever - growing number of California cities already regulate ETS in
the manners described below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS: .
SECTION 1. Section 4.44.020 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 4.44.020 Prohibitions.
(a) Smoking in Specific Locations. It shall be unlawful to smoke in the
following places:
(1) Any elevator;
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(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
Code 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;
(10) Any farmers' market;
(11) The property of any public library.
(12) Any hotel for which an occupancy permit is issued on or after
February 9, 2012.
(b) Disposal of Smoking Waste. No person shall dispose of any
cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place
where smoking is prohibited under this Chapter, except in a designated
waste disposal container.
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(c) Liability of Businesses. No business owner, operator or manager
shall knowingly or intentionally allow smoking in an outdoor dining area
that is under his, her or its control. This law does not require the physical
ejection of any person from the business or the taking of steps to prevent
smoking under circumstances that would involve a significant risk of
physical harm.
(d) Posting of Signs. Every business that owns or controls an outdoor
dining area covered under subsection (a)(7) shall post one or more
prominent signs in conspicuous locations to apprise users of the
prohibition of smoking in that outdoor 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 violation within one year; and five hundred
dollars for a third and subsequent violations within one year.
(2) Nonexclusive Remedies and Penalties. Punishment under this
Section shall not preclude punishment pursuant to Health and Safety
Code Section 13002, Penal Code Section 374.4, or any other law
proscribing the act of littering. Nothing in this Section shall preclude any
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person from seeking any other remedies, penalties or procedures
provided by law.
SECTION 2. Any provision of the Santa Monica Municipal 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 section, 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 not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
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 attest 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.
APPROVED AS TO FORM:
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MAR HA J S MOUT IE
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Approved and adopted this 28th day of February, 2012.
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Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson- Warren, Assistant City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2391 (CCS) had its introduction
on December 13, 2011, and was adopted at the Santa Monica City Council
meeting held on February 28, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2391 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
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Denise Anderson-Warren, Assistant City Clerk