O977
~
3 .
.(
CA RL~IS:]st
10/18/74
e
.
ORDINANCE NO.
977 (CCS)
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ENACTING SECTIONS
4235A, 4235B, 4235C, 4235D AND 423SE,
AMENDING SECTIONS 4235, 4238 AND 4239
AND REPEALING SECTION 4236 OF THE S~~TA
MONICA MUNICIPAL CODE PERTAINING TO
SMOKING IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Flndlngs. The City Council of the
City of Santa Monlca flnds that the smoking of tobacco ln
public places can constltute an annoyance to persons present
who do not themselves engage in smoking; that the level of
smoke created by the burnlng of tobacco and exhaled tobacco
fumes over a perlod of tlme can create a substantlal health
hazard ln confined locations even to persons who do not engage
ln smoklng and who are present; and that smoklng in publlc
places can ln certa1n circumstances constltute a f1re hazard.
SECTION 2.
Section 4235 of the Santa M~nlca
Mun1cipa1 Code 1S hereby amended to read as follows:
Section 4235.
SMOKING IN PUBLIC PLACES. No
person shall smoke any cigars, c~garettes, tobacco or other
substance 1n any publ1C place or portion thereof where the
sIDoklng of such Clgars, clgarettes, tobacco or other substance
1S prohlbited or restrlcted by thlS Code. It shall be unlawful
for any person to vlo1ate this or any other section of thlS Code
prohibltlng or restrlctlng the smoklng of clgars, clgarettes,
tobacco or other substance in a p1pe or otherwlse, or to fail
to comply w~th any requirements of th1S or any other section of
-1-
~
e
e
this Code relat~ng to such s~ok~ng. Any person violating this or
any other section or prov~S1on of this Code proh1biting or
restrict~ng or relating to the smok1ng of cigars, cigarettes,
tobacco or other substance ~n a pipe or otherwise, or failing to
comply w~th any of the mandatory requirements of any provis1ons
of th~s Code relative to such smoking, shall be guilty of an
infraction. Any person conv1cted of an infraction under the
provisions of this or any other section of this Code relating
to the smoking of cigars, cigarettes, tobacco or other substance
in a pipe or otherw1se, shall be punishable by a fine of not more
than Twenty-five ($25.00) Dollars. Each such person shall be
quilty of a separate offense for each and every cornm1SS1on of
any violation of any provision of this or any other section of
this Code proh~b~t~ng or restrict~ng smoking of
cigars, cigarettes, tobacco or other substance in a p~pe or
otherwise ~s comm1tted, continued, or permitted by such person,
and shall be punished accordingly.
In addition to the penalties hereinabove provided,
any condit1on caused or perm1tted to exist in violation of the
provisions of this or any other section of th1s Code prohib1t~ng
or restricting the sMok~ng of cigars, cigarettes, tobacco or
other substance in a p1pe or otherwise, shall be deeMed a public
nuisance and may be, by this City, summarily abated as such, and
each day such condition continues shall be regarded as a new and
separate offense.
In the event of a conflict between the penalty provisions
of th~s ordinance and the penalty provisions of the Un~forM Fire
Code, those in the Fire Code shall prevail. Any violat1on of
Sect~on 3100 of the Santa Mon1ca Municipal Code shall rema1n subJect
to the penalty provis~ons of Section 1200 and Section 1201 of the
-2-
~
SI~:~ 11.13.74
e
Santa Monica Municipal Code notwithstanding this ordinance.
SECTION 3. Section 4235A is hereby added to the
Santa Monica Municipal Code to read as follows;
Section 4235A. SMOKING DEFINED. Smoking includes
but is not limited to, the burning of tobacco or any other
substance or material, which has been made into a cigar or cigarette,
or which is placed in a pipe or other holder, whether or not the
fumes from such burning cigar, cigarette, pipe, or other holder
are inhaled by a person and subsequently exhaled.
SECTION 4. Section 4235B is hereby added to the
Santa Monica Municipal Code to read as follows;
Section 4235B. SMOKING ON BUS. No person shall
smoke any cigars, cigarettes, tobacco or other substance in a pipe
or otherwise, while riding upon or in any jitney bus, motor bus
or inter-urban bus used in the business of transporting passengers
for hire in the City, excepting for Charter operations.
SECTION 5. Section 4235C. NO SMOKING SIGNS. No persons
shall operate any jitney bus, motor bus or inter-urban motor bus
used in the business of transporting passengers for hire in the
City without posting therein a sign reading; "SMOKING PROHIBITED
BY SECTION 4235B OF THE SANTA MONICA MUNICIPAL CODE."
SECTION 6. Section 4235D is hereby added to the
Santa Monica Municipal Code to read as follows;
Section 42350. SMOKING IN PUBLIC PLACES. An area
containing a number of seats equal to not less than eighty five
(85%>> percent of total seating capacity shall be set aside as
and for a no smoking area to be located at the left side, facing
the front, of every meeting hall, auditorium or other place of
public congregation owned, operated, or controlled by the
City of Santa Monica. Said no smoking areas shall be sO desig-
nated. No person shall smoke when occupying a seat in, or
-3-
SIs:mmt 11.13.74
e
,.
"
otherwise being in such a designated no smoking area. Nothing
herein shall prohibit persons from smoking while occupying a
seat at the City Council table, wherever located in said
facilities.
SECTION 7. Section 4235E is hereby added to the Santa
Monica Municipal Code to read as follows:
Section 4235E. FIRE HAZARDS. In addition to the
requirements of Section 3100 of the Santa Monica Municipal Code,
smoking shall be proh~bited in any building or portion thereof
within the City, where, in the opinion of the Fire Chief of the
City, it would constitute a fire hazard to permit smoking in such
building or portion thereof. In the event that the Fire Chief
determines that a fire hazard exists, he shall so notify the owner,
operator, controller, or other person in charge of such building
or portion thereof. Within thirty (30) days following said
notification from the Fire Chief, or his representative, every
owner, operator, controller or other person in charge of such
building or portion thereof shall cause to be erected and maintained
signs in conspicuous places at each such location where smoking is
___ so prohibited indicating that smoking is prohibited therein.
Notwithstanding the above, if smoking in any place constitutes a
violation of the Uniform Fire Code, or if based upon the Uniform
Fire Code, in the opinion of the Fire Chief, to permit smoking in
any place constitutes an imminent and immediate danger to persons or
property, such smoking shall be prohibited immediately upon the
issuance of an order of the Fire Chief or his representative. The
storage, handling and use of materials which become an imminent
and immediate danger to persons or property in the presence of
smoking shall be removed or operations in connection therewith shall
be curtailed and discontinued until sufficient safeguards are
-4-
--'
'.
SI,S:. 11.13.74
e
established and approved by the Fire Chief or his representative
to insure that any fire hazard due to smoking in the area has
been eliminated. No person shall smoke in any such building
or portion thereof where signs have been erected pursuant to
this section, or where an order has been issued by the Fire
Chief or his representative prohibiting smoking therein.
SECTION 8. Section 4238 of the Santa Monica Municipal
Code is hereby amended to read as follows:
Section 4238. SMOKING IN THEATRES. An area
containing a number of seats equal to not less than eighty five
(85%) percent of the total seating capacity of any theatre or moving
picture house, or of any portion of any building used for the
production or exhibition of moving pic~ures, plays, operas, or
other theatrical productions, or similar entertainments, where
admission is charged shall be set aside as and for a no smoking
area. No person shall smoke when occupying a seat in, or other-
wise being in such a designated no smoking area.
SECTION 9. Section 4239 of the Santa Monica Municipal
Code is hereby amended to read as follows:
Section 4239. DUTY OF THEATRE OPERATOR. It
shall be the duty of every person owning, operating or controlling,
or in charge of any such theatre or building to maintain signs
in conspicuous places in and about such theatres or buildings
where an area has been designated as and for a no smoking area
stating that smoking is therein prohibited.
SECTION 10. Section 4236 of the Santa Monica Municipal
Code is hereby repealed.
SECTION 11. with the exception of Section 3100 herein,
any provision of the Santa Monica Municipal Code, or appendices
thereto inconsistent herewith, to the extent of such inconsistencies
-5-
s~~:~ ~.1.13. 74
SIS:mms 11.13.74
...
and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this ordinance. No provision
or appendix to Section 3100 inconsistent herewith is repealed or
modified.
SECTION 12. 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 the 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 13. 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 fifteen days after its adoption. This ordinance
shall become effective after thirty days from its adoption.
ADOPTED this 19th day of
November
/
/
, 1974.
/
~-- /
--I
r~~t-(C-.:L-I'CLh':" v---
Mayor
ATTEST:
//~/;~ ~. -;7
I &r#I. -
( (
./ 1. ty Cl
!
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 55.
CITY OF SANTA MONICA
I do hereby certify that the foregoing ordinance was
duly and regularly introduced at a meeting of the City Council
-6-
. ' ....
S~S:, 11.13.74
.
on the 12 th day of November
, 1974, that thereafter
the said ordinance was duly adopted at a meeting of the City
following vote:
Council on the 19th day of November
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM:
, 1974, by the
councilmen: Lawson, McCloskey, Swink, Trives,
van den Steenhoven, Hoover
Councilmen: Judson
Councilmen: None
/(#/:h l~
' 1 :IEir~'tk
City Attorney
-7-