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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-