HomeMy WebLinkAboutProposed Ordinance Prohibiting Smoking on City Beaches and B CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: The Honorable Mayor and City Council bers
T From: Gil Coerper, Council Member _J -1
Date: May 10, 2004
Subject: Prohibition of Smoking on City Beaches and Beaches within tft
City,
Several cities along-the coast of California have recently adopted or considered
adoption of an ordinance to prohibit smoking on their beaches, including the City of Los
Angeles.
The United States Environmental Protection Agency has classified second-hand smoke
as a Group A carcinogen, the most dangerous class of carcinogens. They have also
concluded that second-hand smoke causes coronary heart disease in non-smokers.
Additionally, the Center for Disease Control notes that second-hand smoke causes
children to suffer from lower respiratory tract illnesses such as bronchitis and
pneumonia and it exacerbates childhood asthma and increases the risk of acute chronic
middle ear infections in children. Smoking on beaches endangers both children and
adults by exposing them to second-hand smoke.
Beyond the risk to human health, cigarette and cigar butts and used matches dropped
onto the ground in public spaces degrade the aesthetic quality of those spaces.
Cigarette and cigar buffs, and used matches dropped into the sand on the beach are
particularly dangerous because young children play in the sand and may ingest them.
Cigarettes are the most common litter on California's beaches. Cigarette butts also
wash into the ocean where they pollute the water and can be ingested by ocean
mammals. As an example of the amount of pollution smoking causes, over 300,000
cigarettes were removed on one Coastal Cleanup Day in 2002.
Because of the devastating impact that smoking has on health and the environment, I
would like to make the following motion:
MOTION:
That the City Council direct staff to prepare an ordinance banning smoking on
our beaches, in our coastal waters, and in adjacent areas such as the pier, to be
considered by the City Council at a future meeting.
Ordinances from other cities are attached along with other relevant information.
Los Angeles Times: Smoking ban mulled Page 1 of 2
coo ikua�100 IAIcme
http://www.latimes.com/news/local/coastline/news/la-cpt-bcachsmoking30apr30,1,2926489.story
TOP STORY
Smoking ban mulled
The City Council is looking at prohibiting cigarettes on the beach, a
growing trend in the state.
By Andrew Edwards
Coastline Pilot
April 30, 2004
Laguna Beach officials may soon ban smoking on public beaches.
The City Council voted 4-0 April 20 to direct city staffers to draw up an ordinance prohibiting smoking on
public beaches.
Council member Steve Dicterow did not vote on the issue because he got sick and had to leave the April 20
meeting early.
It's not known yet when City Council members will vote on the proposed smoking ban.
Councilwomen Toni Iseman and Elizabeth Pearson have promoted the smoking ban. Iseman said the smoking
ban is a personal issue for her since she finds so many cigarette butts buried in the sand at beach cleanups.
"The beach was an ashtray," she said.
Not only can cigarette butts be found on shore, but they also wash into the ocean, the backbone of Laguna's
tourist industry.
"Smokers don't seem to understand they're polluting the ocean," Pearson said.
Putting an end to smoking on the beaches, rather than simply relying on enforcing litter laws, is needed because
discarded cigarette butts specifically represent a major source of pollution along the coast, she said.
"This makes it really clear what is polluting," she said.
Efforts to ban smoking along public beaches have become popular in Southern California. Officials in San
Clemente, Santa Monica and Solana Beach, a San Diego County city, have moved to ban smoking on beaches.
The Laguna Beach chapter of the Surfrider Foundation has not yet taken an official position on the proposal,
and the chapter's chairman, Rick Wilson, said he personally favored the idea, though other members of the
organization think the problem is not smoking,but smokers who litter.
Wilson said he understood that argument, but he doesn't trust that all smokers would discard their cigarettes
properly.
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Los Angeles Times: Smoking ban mulled Page 2 of 2
"If there's an ashtray or trash can 10 feet away, they're not going to put it there," Wilson said.
Smokers enjoying on the beach recently said the city should allow them to light up,but not to throw cigarettes
in the sand.
"Other than the litter it's not a big deal," said Web developer Colin Simning of Laguna Hills, who works in
Laguna Beach.
In general, nonsmokers who were asked about the idea were more likely to agree with the proposed ban. .
"I think it's a good thing," Laguna Beach resident Joel Lars said, adding, smoking could be tolerable in areas set
aside for smokers.
If you want other stories on this topic,search the Archives at latimes.com/archives.
IMS'Ra:prints
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Copyright 2004 Los Angeles Times
http://www.latimes.com/news/local/coastline/news/la-cpt-beachsmoking30apr30,1,620048,print.story 5/5/2004
1 .h;X-3fisiders Beach Smoking Ban "')/15/03] Page 1 of
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LA Considers Beach Smoking Ban [10/15-3]
Excerpts from: Los Angeles to consider smoking ban on beaches
By Jessica Garrison Los Angeles Times [10/15/031
Not to be outdone by a little town in San Diego County,Los Angeles City Councilman Jack Weiss introduced a motion
Tuesday that would ban smoking on all Los Angeles beaches.
"It shouldn't be considered socially acceptable to go to the beach and puff away around families and then flick your
cigarette butt into the sand," said Weiss, who added that he and his children spent hours "picking up other people's
cigarette butts" at a beach cleanup a few weeks ago.
'So when he read last week that the town of Solano Beach had become the first city in California to ban,smoking on its
1.47mile strip of sand, he decided to bring the idea to Los Angeles. His motion, which was endorsed by Councilwoman
Cindy Miscikowski, asks the council to direct the city attorney to write a law banning smoking on city beaches and
adjacent areas. A council committee will review the idea, and then the full council could vote on the matter in the next
several weeks.
Weiss said the law is necessary because smoking on beaches creates a health risk from secondhand smoke and pollutes
the environment. He noted that cigarette butts are the most common litter on California's beaches and pointed out that
more than 300,000 cigarette butts were picked up on California beaches in a single day during the 2002 Coastal Clean
Up.
Weiss said Los Angeles police officers could march down the sand issuing citations. Ideally, Weiss said, scofflaws
would be sentenced to clean up the beach.
But he said that the real point of the ordinance is not to write tickets,but to change people's attitudes. He said he.hoped
it would have an effect similar to the ban on smoking in restaurants.
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Tobacco Class- Sue-Big-Tobacco List Tobacco Settlement, 11 ASH's New Smoking Facts& Children and
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LA Considers Beach Smoking Ban 1/15/03] Page 2 of 2
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Presented as a public service by Action on Smoking and Health (ASH),
2013 H Street, N.W.,Wash., DC 20006,USA, (202) 6594310.
ASH is a 36-year-old national legal-action antismoking and nonsmokers' rights organization which is entirely
supported by-tax-deductible contributions.
Please credit ASH, and include ASH's web address: http://ash.org
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City Council Meeting: March 23, 2004
Santa Monica, California
TO: Mayor and City Council
FROM: , City Staff
SUBJECT: Proposed Ordinance Prohibiting Smoking On The Santa Monica Beach and Pier, In Waiting
Areas for Public Services, And Within 20 Feet Of Entrances And Exits To Public Buildings
Introduction
The City Council has directed staff to prepare an ordinance prohibiting smoking on the beach and the Pier.
The attached, proposed ordinance fulfills that directive. Additionally, the proposed ordinance includes
prohibition against smoking at waiting areas for public services, such as bus stops, creates an enforcemen'
mechanism for the existing state prohibition against.smoking.within 20 feet of. a public building's mair
entrance, expands that prohibition to'-include all exits and entrances, and revises and updates thenMunicipa
Code Chapter on smoking for the sake of clarity and brevity.
Background
The Council has previously adopted legislation intended to reduce the risks to public health and the
detriment to the public welfare attendant upon the use of tobacco products. For instance, the City Counci
adopted laws regulating work place smoking prior to the enactment of statewide prohibitions. More recently
the Council voted to.adopt an ordinance prohibiting smoking in public parks. . That ordinance's finding:
reflect the dangers posed by the inhalation of second-hand smoke, the risk of children ingesting discardec
cigarette butts and other smoking materials, and the degradation to aesthetics caused by improper disposa
of smoking waste.
As to Council's direction to prepare an ordinance banning smoking on the beach and the Pier, both the
Recreation and Parks Commission and the Pier Restoration Corporation (PRC) considered the matter. Th(
Recreation and Parks Commission voted to support an ordinance banning smoking on the beach, in beacl
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parking lots and on the Pier. The PRC Board and staff have advocated for allowing smoking in a designatec
area on the Pier.
As to piers in other cities, approaches vary, sometimes according to pier composition. For instance
smoking is permitted on.both the Redondo Beach and Huntington Beach.Piers. Huntington Beach's-pier is
entirely concrete, and Redondo is three-quarters concrete. In contrast, Venice Pier, also made of concrete
is a non-smoking venue. Pier 30, in San Francisco, is made of wood; and smoking is allowed but ashtray:
are abundant and obvious. Stearns Wharf in Santa Barbara has a designated smoking area.
As to anti-smoking measures in general, other cities have adopted a variety of measures. For instance
Davis, Berkeley, Santa Barbara, Los Gatos, Laguna Hills, Palo Alto and San Ramon prohibit smoking it
outdoor dining areas where food is served. Additionally, Davis and Berkeley, which appear to have the mos
restrictive laws in the state, have prohibited smoking at outdoor events, increased the minimum percentagE
for non-smoking hotel rooms from 35% (required by state law) to 75%, and adopted complete indoo
workplace_ bans (closing loopholes in state law). Additionally,.those two cities, and others prohibit smokinc
in waiting areas, and within 20 feet of doors and windows of businesses and public facilities, unless the
smoker is simply passing by.
Anti-smoking advocates and groups recommend a variety of smoking restrictions. These recommendation:
include prohibiting smoking in all outdoor dining areas, prohibiting smoking in common areas of multi-un
residential buildings, making employers and owners liable for knowingly permitting violations of anti-smokin(
laws, and defining the term "nuisance" in local law to include drifting tobacco smoke that enters another'.
dwelling. Apparently, no California city has, as yet, adopted these measures. Additionally, .one advocac
group recommends adopting a resolution in opposition to drug stores and pharmacies selling tobacc•
products.
Discussion
The attached ordinance would amend the Municipal Code to prohibit smoking on the beaches and the PiE
as directed by Council. The ordinance would also prohibit smoking at waiting areas for public services o
the theory that those waiting there are in a "captive" situation and cannot simply choose to avoid seconc
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hand smoke. Additionally, the measure would create an enforcement mechanism to effectuate the recently
adopted statewide prohibition against smoking within 20 feet of the main entrance of a public building an(
modify its scope to include all exits and entrances. Finally, the proposed ordinance would reorganize an(
consolidate sections of the Municipal Code on smoking to make them clearer and more concise.
Some of the same factors underlying the Council's decision to prohibit smoking in public parks also apply tc
the beach or the Pier. As in park play areas, small children play in the sand on the beach and may inges
anything they find there, including tobacco products. Additionally, second-hand smoke is disagreeable an(
dangerous in all settings, particularly those subject to crowding. Moreover, the aesthetics of the beach an(
Pier are adversely impacted by discarded tobacco products.
Also, as the background material indicates, public safety is a special consideration as to the Pier because o
the risk of fire. The Pier is made of wood treated with creosote and is flammable. Information from City an(
PRC staff indicates that, in the last year, the Harbor Patrol responded to several fires that caused physics
_.damage to the Pier. Additionally, information from police personnel stationed on the Pier indicates that the)
extinguish dozens of smoldering-plank and trash fires annually. PRC staff reports that there are currently
over 125 burn holes on the Pier caused by discarded cigarettes. Of these, at least ten are over six inches
long.
The PRC has discussed reducing the fire hazard and minimizing adverse aesthetic impacts through the
installation of specialized trash receptacles or ashtrays. Some have already been installed. The PRC staf
has recommended allowing,time to gauge their efficacy before adopting a total smoking ban.
Another consideration.raised by PRC Board members and representatives of the business community.is the
potential impact of smoking bans on local businesses and tourism. It is difficult to predict whether therf
would be a net impact and whether it would be positive or negative. Presumably interested groups wi
provide the Council with viewpoints and information on this topic.
Available information from other cities is sketchy and/or anecdotal. Santa Barbara reports only a negligiblc
decline in the last year in pier business overall and an increase in restaurant sales. Information from Sant;
Cruz indicates that parking counts are up in 2003 notwithstanding the adoption of a prohibition agains
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smoking on the boardwalk. In response to contacts made by City staff, employees of the cities of Davis anc
Berkeley have indicated that their smoking bans have not adversely impacted local businesses.
Fiscal Impact
If adopted, this ordinance would be implemented through the use of signage and enforcement efforts woulc
be undertaken by existing staff. Thus, no direct cost increase is anticipated.
Recommendation
Staff recommends that the Council introduce the attached ordinance for first reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Adam Radinsky, Deputy City Attorney
ATTACHMENT: ORDINANCE
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City Council Meeting: March 23, 2004
Santa Monica, California
ORDINANCE NUMBER (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 healtl
hazard; and
WHEREAS, the United .States Environmental Protection Agency,(EPA) has classified. second-harn
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 the
second-hand smoke causes 3,000 lung cancer death per year among adult non-smokers in the Unites
States; and
WHEREAS, second-hand smoke is especially hazardous to particular groups, including those wit
chronic health.problems,.the elderly and children;.and
WHEREAS, the CDC has found that second-hand smoke causes children to suffer from IOWE
respiratory tract illness, such as bronchitis and pneumonia, exacerbates childhood asthma, and increase
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, health
and pleasant for everyone; and
WHEREAS, smoking on the beach and the Santa Monica Pier endangers children and adults k
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exposing them to second-hand smoke; and
WHEREAS, cigarette and cigar butts and used matches dropped onto the ground in public space:
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 whc
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 buildings is necessary to protect the public
health, safety and welfare of Santa Monica residents, workers and visitors,
NOW, THEREFORE, THE CITY. COUNCIL..OF THE CITY..OF SANTA MONICA DOES HEREBN
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.44 of the Santa Monica Municipal Code is hereby amended to read a:
follows:
CHAPTER 4.44
REGULATION OF SMOKING
Section 4.44.82L8010 Definitions.
The following words and phrases, as used in this Chapter or.in any other applicable law
regulating smoking, shall have the following meanings:
(ba) Smoke or Smoking. The carrying or holding of a lighted pipe, cigar, er-cigarette of
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aRy kii9d, or any other lighted smoking product or equipment used to burn any tobacco
products, weed, plant, or any other combustible substance. Smoking includes the-emitting or
exhaling the fumes of any pipe, cigar, ef-cigarette eF 819Y WH4, 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 4.44.849020 Genera' Prohibitions.
(a) Smoking in specific locations
It shall be unlawful to smoke in the following places:
(91) Any elevator;
U Any public park
Anypublic beach:
(4) Anywhere on the Santa Monica Pier;
(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
,
;
(d) ewFie !eased by the Memiee Rd d feF
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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) 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.
(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. FbAheffl%Fe,
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types 8f 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.
(8) PFe19 +eee-
(6) FiFifeFeement and Penalties.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistei
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repeale
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.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
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City Council Meeting: April 27, 2004
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Proposed Ordinance Prohibiting Smoking On The Santa Monica Beach and Pier, In Waitinc
Areas for Public Services, And Within 20 Feet Of Entrances And Exits To Public Buildings
Introduction
At its meeting on March 23, 2004, the City Council introduced for first reading an ordinance prohibitinc
smoking in waiting areas for public services, on the Santa Monica Beach, on the Pier, except in designates
smoking areas, and within 20 feet of entrances and exits to public buildings.
The ordinance is now.presented;to the City Council for adoption.
Recommendation
It is respectfully recommended that the accompanying ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
ATTACHMENT: Proposed Ordinance
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City Council Meeting: April 27, 2004
Santa Monica, California
ORDINANCE NUMBER (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 healtl
hazard; and
WHEREAS, the United States Environmental Protection Agency (EPA) has classified second-han(
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 nor
smokers; and
WHEREAS, the United States Center for Disease Control and Prevention (CDC) estimates the
second-hand smoke causes 3,000 lung cancer death per year among adult non-smokers in the Unite,
States; and
WHEREAS, second-hand smoke is especially hazardous to particular groups, including those wit
chronic health problems, the elderly and children;-and
WHEREAS, the CDC has found that second-hand -smoke causes children to suffer from IOWE
respiratory tract illness, such as bronchitis and pneumonia, exacerbates childhood asthma, and increase
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, health
and pleasant for everyone; and
WHEREAS, smoking on the beach and the Santa Monica Pier endangers children and adults t
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exposing them to second-hand smoke; and
WHEREAS, cigarette and cigar butts and used matches dropped onto the ground in public space:
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 whc
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 buildings is necessary to protect the public
health, safety and welfare of Santa Monica residents, workers and visitors,
NOW, THEREFORE,JHE CITY COUNCIL OF. THE .CITY OF SANTA MONICA DOES..HEREB`
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.44 of the Santa Monica Municipal Code is hereby amended to read a:
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.
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(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.specifc locations
It shall be unlawful to smoke in the following places:
(1) Any elevator;
(2) Any public park;
(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
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F:\ATTY\N1M\LAWS\MJMBSm ng SMMC4 Page 4 of
or out of package.
(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 inconsister
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repeale
or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any, section, subsection, sentence, clause, or phrase of this Ordinance is for an
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, suc
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council heret
declares that it would have passed this Ordinance and each and every section, subsection, sentenct
clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of th
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 i
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adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
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R.egveR Information Regarding B- ing Smoking on Beaches Page 1 of
Jones, Dale
From: Lisa Pope [LPope@ci.malibu.ca.us]
Sent: Monday, May 03, 2004 8:12 AM
To: Jones, Dale
Subject: RE: [City clerks] Request Information Regarding Banning Smoking onBeaches
We have an ordinance on the Council's agenda for May 10, 2004. Attached is the staff report and proposed ordinance.
Lisa Pope, City Clerk
23815 Stuart Ranch Road
Malibu, California 90265
(310) 456-2489, ext. 228
fax (310) 456-2760
-----Original Message-----
From: Jones, Dale [mailto:DJones@surfcity-hb.org]
Sent: Friday, April 30, 2004 9:23 AM
To: 'city_clerks@lists.cacities.org'
Subject: [City_clerks] Request Information Regarding Banning Smoking onBeaches
I would appreciate hearing from city clerks whose cities have passed a no smoking ordinance for your beaches.
Thank you.
Please respond at your earliest convenience.
Dale Jones
Sr Deputy City Clerk
Huntington Beach
5/3/2004
04/29/2004 0BA1 3106, .d441
JENKINS E HOGIN _1 PAGE 01/03
Rpr 20 04 02:55p CITY OF MALIBU 131045927GO P-2
City Council Mczung
03-1044
Item
Punci.l Agenda Report
To: Mayor Barovsky and the Honorable
Members of the City Council
Prepared by: Christi Hogin, City Attorney�Q�°�
lJ'
Date prepared: April 22,2004 Meeting date: May 10, 2004
Subject: SmoNing on the Public Beaches
RECOMMENDED ACTION: Adopt the findings set forth in the staff report and, after the
City Attorney reads the title of the ordinance, introduce on first reading Ordinance No.
265 prohibiting smoking on City beaches.
FISCAL IMPACT: None anticipated. The smoking ban will be enforced with existing
resources.
DISCUSSION: At Mayor Barovsky's.suggestion, the Council recently directed my Office
to prepare an ordinance.that would ban smoking on public beaches. The dangers posed
by the inhalation of second-hand smoke, the risk of children ingesting discarded
cigarette butts and other smoking materials, and the degradation to aesthetics caused by
improper disposal of smoking waste justify the smoking bars.
Available evidence supports the following findings: (1)smoking endangers public
health; (2)numerous studies have shown that second-hand smoke is a significant public
health hazard; (3)the United States Environmental Protection Agency(EPA)has
classified second-hand smoke as a Group A carcinogen, the most dangerous class of
carcinogens; (4)the EPA has concluded that second-hand smoke causes coronary heart
disease in non-smokers; (5)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; (6)second-hand smoke is
especially hazardous to particular groups, including those with chronic health problems,
the elderly and children; (7)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
infections in children; (8)the.City of Malibu is committed to keeping its recreational
spaces We, healthy and pleasant for everyone; (9)smoking on the beach endangers
children and adults by exposing them to second-hand smoke; (110)cigarette and cigar
butts and used matches dropped onto the ground in public spaces degrade the
Page 1 of 3
WstaN reportsLsmioidng on the beach.doc Agenda Item#4.0
t r JENKINS & HOGIN —P PAGE 02/03
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. nFr 28 04 02:55p CITY OF MRLIHU
aesthetic quality of those spaces; (11) 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; (12) children and youth who observe smoking In
public places may model the_behayior, and (13)banning smoking on the beach is
necessary to protect the public health, safety and welfare of Malibu residents,workers
and visitors.
The definition of°Smoking"employed In the draft ordinance is the same as is used
elsewhere in the Malibu Municipal Code for the purposes of banning smoking at City
meetings. See MMC §9.04.010.
Although a primary justification for a smoking ban on Malibu beaches is the litter
caused by cigarette butts and the like, the draft ordinance does not single out such litter
for special penalty due to the logical presumption that such subject matter is already
covered by LACMC § 17.12.380 (banning the disposal of trash on County beaches
except In specified receptacles). If the City would nevertheless like to add a special
mention for smoking litter to the draft ordinance,the following language could be added
to the draft ordinance in a separate subsection.
Notwithstanding the provisions of Section 12.08.020(A), it is unlawful to
throw, place, or dispose of any smoking litter on any beach within the City of
Malibu other than in a garbage can or other receptacle maintained therein
for the disposal of garbage or refuse. For-the purposes of this subsection,
"smoking litter" includes any tobacco,cigarette;cigar, pipe,other object
used for smoking, or the remains thereof.
Inclusion of this separate littering ban would cause the language banning smoking to
become subsection 12.08.035(A), and for the littering ban to become subsection
12.08.035(8).
Staff contacted Los Angeles County Beaches and Harbors Department as well as the
Los Angeles County Lifeguards to determine whether their agencies had a position on '
the proposed smoking ban. Both agencies indicated a neutral position.The Lifeguards
Indicated a concern if they were tasked with enforcement of this ordinance. Given the
fact that Sheriff's Department would be responsible for enforcement this is moot.
ALTERNATIVE, Do not introduce ordinance, which would maintain the
status quo, allowing smoking on the public beaches
ATTACHMENTS:. Exhibit A Draft Ordinance No. 265
Page 2 of 3
H.*WWff repartsismoking on the beach.doc Agenda item#4.0
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JENKINS & HOGIN -LP PAGE 03/03
Rpr 28 0♦ 02:58p CITY OF MRLIBU 13104562760 P•4
ORDINANCE NO.265
AN ORDINANCE OF THE CITY OF MALIBU PROH1BMNG
SMOKING ON,CITY BEACHES
The City Council oftbe City of Malibu does ordain as follows.
'on I. Title 12,Chapter 12.08 of the Malibu Municipal Code is amended by adding thereto a
new section, 12.08.035,to read as follows:
12.08.035.Smoking Prohibited on Beaches
Notwithstanding the provisions of Section 12.08.020(A),it is unlawful to smoke on any public
beach within the City of Malibu. For the purpose of this section,"smoking"means inhaling,
exhaling,burning,or carrying any lighted cigam+*e,cigar,pipe or other plant or weed or
equipment for the smoking thereof
Ser.6on 2. The City Clerk shall certify the adoption of this ordinance.
PASSED,APPROVED AND ADOPTED this day ofMay,2004.
SHARON BAROVSKY,Mayor .
AT7EST:
LISA POPE,City Clerk
APPROVED AS TO FORM:
1
CMUSTI HOGIN, icy A ev
Page 3 of 3
H.%staff reportslsmoking on the beach.doc
Agenda Item 0 4.0
Request Information Regarding Ba, 'ng Smoking on Beaches Page 1 of 1
Jones, Dale
From: Erway, Myrna [ErwayM@san-clemente.org]
Sent: Tuesday, May 04, 2004 2:28 PM
To: Jones, Dale
Subject: RE: [city_clerks] Request Information Regarding Banning Smoking onBeaches_
Our City Council will consider introducing one at the May 18 meeting. If introduced, they will adopt it June 1. The proposed
ordinance will be available for review on our website by May 13. Our website address is http://ci.san-clemente.ca.us.
-----Original Message-----
From: Jones, Dale [mailto:DJones@surfcity-hb.org]
Sent: Friday, April 30, 2004 9:23 AM
To: 'city_clerks@lists.cacities.org'
Subject: [City_clerks] Request Information Regarding Banning Smoking onBeaches
I would appreciate hearing from city clerks whose cities have passed a no smoking ordinance for your beaches.
Thank you.
Please respond at your,earliest convenience.
Dale Jones
Sr Deputy City Clerk
Huntington Beach
5/4/2004
Req�fe'st Information Regarding BF 'ng Smoking on Beaches Page 1 of I
Jones, Dale
From: Lorraine Okabe [OkabeL@cacities.org]
Sent: Friday,April 30, 2004 9:43 AM
To: Jones, Dale
Subject' RE: [City clerks] Request Information Regarding Banning Smoking onBeaches
Hi Dale:
I have some articles I can fax you. It mentions San Clemente, Solana Beach, Santa Monica as barring cigarettes. Los Angeles is
considering it. Anti-smoking activists have also discussed this issue with San Diego, Manhattan Beach, Hermosa Beach,
Huntington Beach & Newport Beach.
If you're interested in the articles, let me know your fax.
Lorraine 0ka6e
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
916/658-8236
FAX: 916/658-8240
e-mail: okabel@cacities.org
----=Original Message-----
From: Jones, Dale [mailto:DJones@surfcity-hb.org]
Sent: Friday, April 30, 2004 9:23 AM
To: 'city_clerks@lists.cacities.org'
Subject: [City—clerks] Request Information Regarding Banning Smoking onBeaches
I would appreciate hearing from city clerks whose cities have passed a no smoking ordinance for your beaches.
Thank you.
Please respond at your earliest convenience.
Dale Jones. .
Sr Deputy City.Clerk
Huntington Beach
4/30/2004
- -APR-30-2004 FR I 10:02 AM ' -g ue of CA Cities FAX N0, ° 658 8240 P. 01
LA panel backs proposal to oan cigarette smoking on beaches Page 1 of 1
SFGate.com ww_W_s_f te,,com R_gturn to_Ecg_qlaT,view
LA panel backs proposal to ban cigarette smoking on beaches
Wodnesday,April 7,2004
®2004 ASSOCiated Press
URL: sfa�ate:copl!C$i-bin/arti�le:c i'lti e=/ �ws/archive/2Q04/04/U7/national24.1.OLDT0022.D_77
(04-07)0 1:10 PDT LOS ANGELES (AP) --
A city panel supported banning smoking on Los Angeles beaches, a proposal that would
match laws already passed in Santa Monica and other coastal areas intended to reduce litter
from cigarette butts.
"Our beaches are our most precious natural resource, and it's good news for L.A. if the
world knows our beaches are cleaner and more smoke-free than ever before," Councilman
Jack Weiss,who proposed the ban to the Arts,Health and Humanities Committee, said
Tuesday.
The proposed law,recommended to the City Council for approval, would be primarily self-
enforced, like the city's ban on smoking in stores and restaurants, Weiss said.
He said the law would apply to the sand areas of city-operated.beaches but not.boardwalks, .
and violators could receive citations by lifeguards of other law,enforcement offcers with
fines of up to S250, Weiss said.The Venice Pier, for example, already prohibits snzokuig.
Councilman Tom LaBonge, chairman of the committee, said the proposal could be amended
to include smoking and nonsmoking areas.
"No one wants litter," he said. "I don't want to see it at First and Main, and I don't want to
see it on our beaches. But I also want us to be understanding and realistic and not just
penalize people because they happen to smoke."
U9 2004 Associated Press
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http://wwv-v.sfgate.coirt/cgi-bin/article.egi?file=/news/archive/2004/04/07/nationa10410EDT... 4/7/2004
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Los Angeles Times: Smoki..g Ban at Beach Catches On Page l of 3
caOs,�Ztge2egSaI
lath .Z
http:,/�vww.latimes.com/news/locaUla-me-smokel 8marl 8,1,6127017.stoty?coil=la-headlines-california
Smoking Ban at Beach Catches an
San Clemente follows the lead of Solana Beach in barring
cigarettes. Santa Monica votes next weep.
By Mike Anton
Times Staff Writer
Alarch 18, 2004
Five months after Solana Beach became the first California city to ban smoking on the beach, San
Clemente has joined the movement—and a coalition of anti-tobacco and environmental groups is
pushing the idea in other cities along the coast.
On Tuesday, the Santa Monica City Council will consider an ordinance that would prohibit smoking on
its beach and pier, In Los Angeles, council.member Jack Weiss is working with the cite atton�ey's of:ice
and is close to drafting,a similar law;
Meanwhile, anti-smoking activists say they have had discussions with officials from other coastal cities
—including San Diego, Manhattan Beach, Hermosa Beach, Huntington Beach and Newport Beach-
though they have received no commitments.
"As far as we're concerned, this is a public health issue. Others see it as an environmental issue," said
Glenn Maddalon, executive director of the Orange County chapter of the American Lung Assn. "I would
hope that, eventually, cities up and down the coast enact a ban on smoking on all the beaches."
San Clemente council members voted 3 to 2 Tuesday night in favor of a smoking ban on the city's
beaches and pier. The vote came after several months of discussion, during which Mayor Susan Ritschel
.vent from opposing the idea to supporting it.
"My initial reaction was that I didn't want to see people's rights taken away," said Ritschel, whose
mother survived a bout with lung cancer. "But I came around.... I have two children and I teach my kids
that smoking is not good, not healthy. I couldn't justify to my children not supporting a ban on smoking
at our beaches.... I wouldn't be surprised if more and more cities look at this."
But some think the ban goes too far.
Council member G. Wayne Eggleston, who doesn't smoke, said he voted against the measure because it
was too restrictive. While he supports smoking restrictions in restaurants and bars, for the city to snuff
out cigarettes on "four miles of open space is problematic."
"Cigarettes," he said, "are far less a threat than a government that dictates individual behavior."
http://www'.latimes.com/news/local/la-me-smokel8mar18,1,7951919,print.story?colt=la-h... 3/18/2004
APR-30-2004 FRI 10:03 AN ► -igue of CA Cities FAX NO. Q'a 658 8240 P. 03
Los Angeles Times: Smok,,,g Ban at Beach Catches On Page 2 of')
Many San Clemente residents favored the new law,though litter was often their prime concern.
"Overall, it's better for the beaches, because people think the beach is an ashtray," said Ray DeAntonio,
manager at the Fisherman restaurant on the pier.
At the San Clemente-based.Surfrider Foundation, a spokesman praised the Bari but said the bigger
problem was dealing with people who flick cigarettes from cat windows. "It's not going to stop,all the
cigarette butts getting to the beach," said Chad Nelsen, the foundation's environmental director.
Ritschel said the city would rely on voluntary compliance.The council earmarked$15,700 for no-
smoking signs and cigarette receptacles in beach areas.
"We recognized that there would be a very large cost involved in trying to enforce this," she said. "And I
don't want to see our lifeguards taken away from their job saving lives in the water."
California has long been a Ieader in the campaign to stamp out smoking in public places—from bars
and restaurants to public buildings and parks.
Last year, Solana Beach in north San Diego County became the first California city with a beach
smoking ban. Support came from anti-tobacco groups and health officials concerned about secondhand
smoke, and environmentalists who decried the thousands of butts that fouled the sand.
A beach cleanup effort in San Clemente last year sponsored by the Costa Mesa-based Earth Resource
Foundation yielded nearly 6,000 cigarette butts in two hours.
"If you vote against a bang you're supporting the big tobacco industry," said foundation founder
Stephanie Barger, who said her group has had discussions with officials in Huntington Beach and
Newport Beach. "It's tip to citizens to push the other cities" to support similar bans.
Santa Monica's proposed ordinance is in keeping with the city's aggressive stance against public
smoking. The City Council regulated workplace smoking before the state did. Last year, it banned
smoking in city parks.
If passed, the latest ordinance would ban smoking on the beach and pier. It would also prohibit lighting
up at waiting areas for public services, such as bus stops.
And it would expand on'a recently enacted state law that bans smoking within 20 feet of the entrance to
a public building by including exits and entrances. -
Under the proposal,violators would be issued a citation that carries a$250 fine.
"Ours will be enforced," said Deputy City Atty. Adam Radinsky.
Times staff writer David Reyes contributed to this report.
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APR-30-2004 FRI 10:03 AN l--due of CA Cities FAX N0. P" 668 8240 P. 04
Los Angeles Times: Lighting Up at Beach Is Banned Page 1 of 2
bttp://www.latiines.com/news/local/la-me-smoke25mar25,1,5340581.story?co11=1a-headdlines-cali.fo.mia
LOS ANGELES
Lighting Up at Beach Is Banned
Santa Monica becomes the first city in L.A. County to outlaw
smoking at the shore. Some areas of the pier are excluded.
By Martha Groves
Times Staff Writer
March 25, 2004
Seeking to stamp out cigarette-butt litter and secondhand smoke's ill effects, Santa Monica has become
the second city in California--and the first in Los Angeles County—to outlaw smoking at the beach.
If the Santa Monica City Council.again approves the ordinance at its second reading April 13,the ban
will take effect May'13, said Deputy City Atty: Adam Radinsky.
The City Council backed off from a smoking ban at the city's fabled wooden pier,bowing to tenants'
wishes that a few smoking areas be designated at the nearly century-old hangout for.residents and
tourists.
"It's one more piece of the puzzle for healthier communities," Mayor Richard Bloom said of the new
ordinance, which passed at midnight Tuesday on a 4-2 vote. "It's really important for smokers to start
focusing on what they're doing with their cigarette butts."
Santa Monica, which a year ago banned smoking at city parks, once again is in the vanguard of a
movement backed by anti-tobacco and environmental groups. Last fall, Solana Beach,in northern San
Diego County, led the way in banning smoking on the beach.
Other coastal communities are lining up to ban butts. Last week,San Clemente's council.Voted to direct
the city attorney to draft an ordinance for the city's beach and pier, and on April 6, a Los Angeles City
Council committee will review a proposal to prohibit smoking at the city's Venice, Cabrillo,Dockweiler
and Will Rogers beaches.
If Los Angeles joins Santa Monica, "We will have a 13-mile stretch of California coastline with no
smoking, and that will just send a tremendous message," said L.A. Councilman Jack Weiss,who told the
Santa Monica City Council that passage of the ordinances would send "shock waves" through the state.
On the breezy morning after the vote,the new ordinance got mixed reviews at the pier.
Eric Langley, 25, and Maria Yager,24, visiting from Monticello, Minn., puffed on Marlboros as they
strode the pier's well-worn boards. They had heard about the looming restrictions and deemed them
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Los Angeles Times: Light,._Up at Beach Is Banned Page 2 of 2
"annoying and inconvenient."
Still, Langley acknowledged that he could see the attraction. "I'd hate to sit on the beach with a bunch of
cigarette butts," he said.
Terrance Jackson, 41, a Santa Monica resident.who fishes regularly at the pier, said he considered the
smoking curbs "against our constitutional rights."
But the ordinance found a fan in Ted Mioduski, a dentist from Loveland, Colo. "I'm all for it," he said. "I
was under the impression that California was already pretty much a no-smoking state. Colorado is
heading in that direction."
The smoking ban had the support of such groups.as the American Lung Assn.,the American Cancer
Society, the Surfrider Foundation and COAST/Santa Monica,whose acronym stands for Communities
Organized Against Smoking and Its Trash.
Bloom said research on the ordinance brought to light"just how bad the litter problem is with
cigarettes."
"What we've learned is that people are discarding their cigarette butts everywhere," he said. "They litter
our streets. When it rains, they go into the storm drains, and the storm drains empty directly into the bay.
This is one of many reasons we have pollution in the bay."
Santa Monica already bans smoking at.indoor restaurants. The newly passed,ordinance-would also cover
outdoor dinirig areas oii the pier:.
The ordinance also bans smoking at bus stops and other public waiting areas and sets $250 fines for
violators of a new state law banning smoking within 20 feet of any door or window of a government
building.
If ou want other stories on this topic,search the Archives at latimes.comlarchives•
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Copyright 2004 Los Angeles Times
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