O2072
f:\atty\sha re\cfh \smoki ng\parks\ord i nance d ratt2d
City Council Meeting 4-8-03 Santa Monica, California
ORDINANCE NUMBER 2072(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 4.44.040 TO THE SANTA MONICA MUNICIPAL
CODE PROHIBITING SMOKING IN CITY PARKS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAI N
AS FOLLOWS:
Section 1. Findings and Purpose. The City Council of the City of Santa Monica
hereby finds and declares that:
A. Smoking is hazardous to health.
B. Numerous studies have shown that second-hand smoke is a significant public
health hazard.
C. The U.S. Environmental Protection Agency has classified second-hand smoke
as a group A carcinogen, the most dangerous class of carcinogen
D. The U.S. Centers For Disease Control and Prevention (CDC) estimates that
second-hand smoke causes 3,000 lung cancer deaths per year among adult non-smokers
in the U.S. The California Environmental Protection Agency has concluded that second-
hand smoke causes coronary heart disease in non-smokers.
E. Second-hand smoke is especially hazardous to particular groups, including those
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with chronic health problems, the elderly and children.
F. The CDC has found that second-hand smoke causes children to suffer from
lower respiratory tract illness, such as bronchitis and pneumonia, exacerbates childhood
asthma, and increases the risk of acute chronic middle ear infection in children.
G. The City of Santa Monica is committed to keeping .its parks safe, healthy and
pleasant for everyone.
H. sfnordnetR JNIrka andangEo ~>.d otbl',*,,+--.,~tbemto
second-hand smoke.
AddIionIIIy. ~.~8nd cipr"'_~ !Ofttothe:ground
in City parks is unsightly, unclean and particularly hazardous to small children who handle
and sometimes ingest them.
J. Moreover, children and youth who observe smoking and tobacco use in public
parks may model the behavior.
K The City Council therefore determines that banning smoking and the improper
disposal of tobacco products in City parks is necessary to protect the health, safety and
welfare of Santa Monica residents and visitors.
Section 2. Section 4.44.040 is hereby added to the Santa Monica Municipal Code
to read as follows:
Section 4.44.040. Smoking in Public Parks.
A. Prohibitions.
(1) No person shall smoke within the boundaries of any public park.
(2) No person shall dispose of any cigarette, cigar or tobacco, or any
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part of a cigarette or cigar, within the boundaries of any public park, except in a
designated waste disposal container.
B. Enforcement and Penalties.
(1) Infraction. A violation of this Section is an infraction and shall be
punished by a fine of Two Hundred Fifty Dollars ($250.00).
(2) Nonexclusive Remedies and Penalties. Punishment under this
section shall not preclude punishment pursuant to Health & 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 person from seeking any other remedies,
penalties or procedures provided by law.
SECTION 3. Any provision of the Santa Monica Municipal Code or its appendices
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and
no further, is hereby repealed or modified to the extent necessary to effect the provisions
of this Ordinance.
SECTION 4. 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 section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the ordinance would be
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subsequently declared invalid or unconstitutional.
SECTION 5. 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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II
A.
Approved and adopted this 8th day of April, 2003.
----Eb: ~ -~ ~
Richard Bloom, Mayor
State. of CIIifomia )
County of Los Angetea) ss.
Oity of'Santa MOnica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2072 (CCS) had its introduction on March 25, 2003, and was
adopted at the Santa Monica City Council meeting held on April 8, 2003, by the
following vote:
Ayes: Council members: Feinstein, Mayor Pro Tern McKeown, Katz, Genser,
Mayor Bloom
Noes: Council members: None
Abstain Council members: None
Absent: Council members: Holbrook, O'Connor
ATTEST:
--
'~ \.u ,~~
Maria M. Stewart, City Clerk
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