O2410City Council Meeting: October 23, 2012 Santa Monica,
California
ORDINANCE NUMBER 2410(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
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 (GARB) 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, most Californians do not smoke and a majority favor limitations on
smoking in multi -unit residences; and
WHEREAS, increased protections from ETS in multi -unit residential properties
are necessary to protect the public health, safety and welfare of Santa Monica
residents; and
WHEREAS, a growing number of residents and owners in Santa Monica are
requesting greater protections from ETS at multi -unit residential properties including
designation and disclosure of the smoking status of individual units; and
WHEREAS, the City Council wishes to reduce residents' exposure to ETS from
other units in multi -unit properties while preserving the ability of current occupants to
smoke inside their units; and
WHEREAS, an ever - growing number of California cities already regulate ETS in
the manners described below,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.44.040 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 4.44.040 Smoking In Multi -Unit Residential Properties.
(a) Remedy. Any person who smokes in a Multi -Unit Common
Area, or in a residential unit designated "Non- smoking" as
described in subsection (c), is subject to an award of damages of
not less than $100 which may be collected by any person in a civil
action, including an action in Small Claims Court. The minimum
damages amount shall increase to $200 for the second violation
within one year; and to $500 for the third and subsequent violations
within one year.
(b) Notice Required. The landlord or homeowners' association of
every multi -unit residential property shall provide notice of the
remedy in subsection (a) to all affected occupants by posting and
maintaining one or more prominent signs in conspicuous locations
in each multi -unit common area to ensure that the signs are readily
visible to all users of the area.
(c) Designation of Residential Units' Smoking Status.
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(1) All units in multi -unit residential properties, including
apartments and condominiums, shall be designated as either
"Smoking" or "Non- smoking" pursuant to this subsection. The
required procedure for this designation is as follows:
(A) Within
60 days after the effective
date of
this
subsection, the Owner
(defined as the landlord in
the case of
apartments and the
homeowners' association in
the case
of
condominiums) shall
provide the occupant of each unit at
the
property with written
notice asking the occupant to
designate
the
unit as "Smoking" or "Non-
smoking."
(B) Within 90 days of the effective date of this subsection,
the occupant of each such unit shall deliver to the Owner the
designation of the unit.
(C) Within 120 days of the effective date of this
subsection, the Owner shall notify all units in writing of the
designations for all units. Any occupant wishing to change or
correct his or her unit's status may do so in writing to the Owner
within 150 days of the effective date of this subsection.
(D) Within 180 days of the effective date of this
subsection, the Owner shall deliver the final designation list for all
units at the property (i) to each unit, and (ii) to all non - occupying
owners of condominium units. At the same time, the Owner shall
give each occupant an information sheet prepared by City staff
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containing: the requirements of the law (including the fact that a
tenant cannot be evicted for violating this ordinance); contact
information for further questions; and information about smoking
cessation resources.
(E) For each undesignated unit, the Owner shall request
the occupant to designate the unit as either "Smoking" or "Non-
smoking," each year following the initial designation.
(2) If an occupant fails to designate his or her unit's smoking
status under the procedure described above, the unit shall be
deemed undesignated for the remainder of that occupancy. Any
unit designated "Smoking" or "Undesignated" can be changed to
"Non- smoking" by the occupant at any time, through written notice
to the Owner.
(3) Every unit that becomes vacant after the effective date of
this subsection shall thereafter be designated "Non- smoking"
regardless of its prior designation.
(4) Every unit in a new multi -unit residential property for which
an occupancy permit is issued on or after the effective date of this
ordinance shall be designated "Non- smoking."
(5) The Owner shall maintain a current list of all units' smoking
designations and shall update that list in the event of a unit
changing status as described above.
(6) The Owner shall provide a copy of the current list of all units'
smoking designations and the information sheet described in
section 4.44.040(c)(1)(D) above, (A) to all new or prospective
occupants of the property, and (B) to any person upon request.
(7) Each condominium unit designated "Non- smoking" under
this ordinance shall be so recorded on the title to the unit by the
owner of the unit.
(d) Limitations and Exceptions.
(1) Nothing in this Section may be used as grounds to terminate
a tenancy. Nothing in this section shall render smoking in multi -unit
common areas or in a designated "Non- smoking" unit a violation of
law pursuant to any rental housing agreement.
(2) No action may be brought pursuant to this section unless the
complaining party has first made a good faith attempt to resolve the
situation informally, including written notice of this section and a
written request to cease smoking in the Multi -Unit Common Area at
least 30 days before filing suit.
(3) The property owner, manager, or homeowners' association
may designate a portion of a Multi -Unit Common Area where
smoking is allowed. Any such designated area:
(A) must be located at least 20 feet from any indoor area;
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(B) 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 sports;
(C) must be no more than 25 percent of the total outdoor
area of the premises of the property;
(D) must have a clearly marked perimeter;
(E) must be identified by conspicuous signs; and
(F) must not overlap with any area in which smoking is
otherwise prohibited by this chapter or other law.
(4) The prohibition and remedy for smoking in designated non-
smoking units shall not apply to temporary and special needs
housing facilities for people with disabling conditions, including
addiction to substances.
(5) For multi -unit properties in which smoking is already
prohibited in all units, each unit shall be deemed designated "Non-
smoking" under this ordinance without the designation procedures
described above.
(e) Nonexclusive Remedies and Penalties. Nothing in this Section
shall preclude any person from pursuing any other remedies,
penalties or procedures provided by law. Nothing in this Section
limits the ability of property owners to restrict smoking in residential
units as otherwise allowed by law.
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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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Approved and adopted this 23rd day of October, 2012.
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Ric and Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2410 (CCS) had its introduction on October 2, 2012,
and was adopted at the Santa Monica City Council meeting held on October 23,
2012, by the following vote:
Ayes: Council members: Holbrook, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: McKeown, O'Connor
Absent: Council member: Shriver
A summary of Ordinance No. 2410 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Sarah P. Gorman, City Clerk