O2122
F:\A TTY\MUNI\LAWS\MJM\Smoking SMMC4.44 2d.doc
City Council Meeting: April 27, 2004 Santa Monica, California
ORDINANCE NUMBER 2122 (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 PROHIBIT SMOKING ON THE BEACH AND THE PIER, IN
WAITING AREAS FOR PUBLIC SERVICES AND WITHIN 20 FEET OF AN
ENTRANCE OR EXIT TO A PUBLIC FACILITY
WHEREAS, smoking endangers public health; and
WHEREAS, numerous studies have shown that second-hand smoke is a
significant public health hazard; 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, the United States Center for Disease Control and Prevention (CDC)
estimates that second-hand smoke causes 3,000 lung cancer death per year among
adult non-smokers in the United States; and
WHEREAS, second-hand smoke is especially hazardous to particular groups,
including those with chronic health problems, the elderly and children; and
WHEREAS, the CDC has found that second-hand smoke causes children to
suffer from lower respiratory tract illness, such as bronchitis and pneumonia,
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exacerbates childhood asthma, and increases the risk of acute chronic middle ear
infections in children; and
WHEREAS, the City of Santa Monica is committed to keeping its recreational
spaces safe, healthy and pleasant for everyone; and
WHEREAS, smoking on the beach and the Santa Monica Pier endangers
children and adults by exposing them to second-hand smoke; and
WHEREAS, cigarette and cigar butts and used matches dropped onto the
ground in public spaces degrade the aesthetic quality of those spaces; and
WHEREAS, cigarette and cigar butts and used matches dropped into the sand
on the beach are particularly dangerous because young children play in the sand and
may ingest them; and
WHEREAS, smoking in waiting areas for public services endangers the health of
those who use the waiting area to obtain the service; and
WHEREAS, smoking near entrances and exits to public facilities endangers the
health of those who use and work within the facilities; and
WHEREAS, children and youth who observe smoking in public places may
model the behavior; and
WHEREAS, banning smoking on the beach, on the Santa Monica Pier, within
waiting areas for public services, and within 20 feet of entrances and exits to public
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residents, workers and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 4.44 of the Santa Monica Municipal Code is hereby
amended to read as follows:
CHAPTER 4.44
REGULATION OF SMOKING
Section 4.44.010 Definitions.
The following words and phrases, as used in this Chapter or in any
other applicable law regulating smoking, shall have the following
meanings:
(a) Smoke or Smoking. The carrying or holding of a lighted pipe,
cigar, cigarette, or any other lighted smoking product or equipment used to
burn any tobacco products, weed, plant, or any other combustible
substance. Smoking includes emitting or exhaling the fumes of any pipe,
cigar, cigarette, or any other lighted smoking equipment used for burning
any tobacco product, weed, plant, or any other combustible substance.
(b) Service area A place where people use or wait for services
provided by a government entity, such as waiting areas for public
transportation.
Section 4.44.020 Prohibitions.
(a) Smoking in specific locations
It shall be unlawful to smoke in the following places:
(1 Any elevator;
(2) Any public park;
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(3) Any public beach;
(4) Anywhere on the Santa Monica Pier; except in designated
areas;
(5) Any outdoor service area;
(6) Inside any public building (as that term is defined in
Government Code Section 7596) or within 20 feet of any entrance, exit or
window of a public building.
(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) 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.
(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 4.44.030 Sale of tobacco by vending machine or other
mechanical device or out of package.
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(a) Purpose. The City Council finds cigarette smoking and other
tobacco use by minors to be a continuing problem with grave public health
consequences, Studies show that the vast majority of adult smokers
began as teenagers, and that teenagers who begin using tobacco before
the age of fifteen eventually have much higher cancer rates than non-
tobacco using teenagers, In recognition of the Surgeon General's
conclusion that nicotine is as addictive as cocaine or heroin, action is
needed to curtail the easy access of minors to cigarettes and other
tobacco products. The purpose of this Chapter is to implement a strict and
enforceable system to prevent the illegal sale of cigarettes and other
tobacco products to minors,
(b) Vending Machines. On or after May 1, 1991, no person shall
sell or dispense cigarettes or other tobacco products by vending machine
or any other device that automatically sells or dispenses tobacco products,
(c) Out of Package Sales Prohibited. It is unlawful to sell
cigarettes out of the manufacturer's package or without required health
warnings.
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,
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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.
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Approved and adopted this 27th day of April, 2004.
State of California )
County of Los ~ ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2122 (CCS) had its introduction on March 23,2004, and was
adopted at the Santa Monica City Council meeting held on April 27, 2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Genser, Katz,
Holbrook
Noes: Council members: Feinstein, O'Connor
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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Maria M. Stewart,
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