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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, 1 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 _.....i__$_.+_...'_'.,afe..,.~;ot".'~ residents, workers and visitors, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 2 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; 3 (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. 4 (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, S 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. 6 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: ~-~ Maria M. Stewart, 7