SR 11-01-2022 8F
City Council
Report
City Council Meeting: November 1, 2022
Agenda Item: 8.F
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services
Department
Subject: Request of Councilmember Negrete that the City Council direct the City
Manager and City Attorney to come back with a proposed Ordinance to the
City’s Smoking Ordinance, Section 4.44.020(a) of the Santa Monica Municipal
Code (“SMMC”), to prohibit smoking in multi-unit residential common areas,
and the public right-of-way areas around multi-unit residential buildings.
(Continued from 10/25/2022)
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved
Forwarded to Council
Attachments:
A. Draft CC-ord-smoking multiunit
8.F
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City Council Meeting: __________, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.44.020, TO PROHIBIT
SMOKING IN COMMON AREAS AND NEAR MULTI-UNIT HOUSING FACILITIES
WHEREAS, Section 4.44.020 of the Santa Monica Municipal Code prohibits
smoking in many areas of the City where smoking can be a nuisance and cause health
concerns for others; and
WHEREAS, smoking in common areas and near multi-unit housing facilities
continues to be a concern, such that smoke enters dwelling units.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 4.44.020 is hereby amended as
follows:
4.44.020 Prohibitions.
(a) Smoking in Specific Locations. It is unlawful to smoke in the following
places:
(1) Any elevator;
(2) Any public park;
(3) Any parklet;
(4) Any public beach;
(5) Anywhere on the Santa Monica Pier;
(6) Any outdoor service area;
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(7) Inside any public building (as that term is defined in Government Code
Section 7596);
(8) Any outdoor dining area;
(9) Within twenty feet of the entrance, exit or open window of any building
open to the public;
(10) The Third Street Promenade;
(11) Any farmers’ market;
(12) The property of any public library;
(13) Any hotel for which an occupancy permit is issued on or after February 9,
2012;
(14) Any “vaping lounge” or other business that sells electronic smoking
devices; except that electronic smoking devices may be used at the two such
businesses that were locally licensed as such lounges in Santa Monica as of June 24,
2014, provided there is appropriate ventilation so as not to interfere with neighboring
occupants and provided no minors are allowed in the businesses
(15) The common areas of any multi-unit housing facility, except designated
smoking areas as provided in Section 4.44.040; violations of this Subsection may not be
used as grounds to terminate a tenancy;
(16) On the sidewalk, street, or other public right-of-way within twenty feet of any
doorway or open window of a multi-unit housing building, except when not stationary
and continuously moving through the area.
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(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.
(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)(8) 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) Administrative Citation. Any person violating any provision of this Section
may be subject to administrative citation pursuant to Chapter 1.09 of this Code.
(3) 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
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this Section shall preclude any 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
affect 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 take effect 30 days
from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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