City of Culver City, California
City Council Agenda Item Report
Meeting Date: 03/13/06 Item Number: A-5
AGENDA ITEM: Discussion of Options for Regulating Smoking in Public Parks.
Contact Person/Dept.: Heather Iker/City
Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Published in Culver City News on March 2, 2006 (Attachment 1);
Via e-mail on February 28, 2006: County of Los Angeles Department of Health
Services; Via e-mail on March 8, 2006: Master Notification List (03/09/06); Parks and
Recreation Commission.
Department Approval: Carol Schwab,
City Attorney (by H. Iker 03/07/06)
CAO Approval:
Martin R. Cole for Jerry B. Fulwood
(03/09/06)
City Controller Approval:
RECOMMENDATION:
That the City Council discuss options for regulating smoking in public parks and
provide direction to staff.
BACKGROUND:
Over the past few years, the City has been reviewing its park regulations to
determine whether any revisions or additions to the Culver City Municipal Code
(“CCMC”) are appropriate to further ensure the public’s enjoyment of the City’s
parks. During this process, there has been discussion on the issue of smoking in
the City’s parks in light of current State law, which prohibits smoking within 25 feet of
a playground or tot lot sandbox area (Health and Safety Code § 104495 –
Attachment 2).
At the City Council’s direction, this issue was presented to the Parks and Recreation
Commission for discussion at its meeting of May 4, 2004. The options that were
presented to the Commission for consideration and recommendation to the Council
included: 1) enforcement of the State law only; 2) adoption of stricter regulations
(i.e. increasing the distance within which smoking is prohibited, imposing stricter
penalties, etc.); and 3) adoption of a total ban on smoking in the City’s parks. After
discussion of the issue, there was a motion to recommend a total ban on smoking in
the parks, which failed by a 3-2 vote (Commissioners Cooper, Deen and Alexander
dissenting). Subsequently, the Commission voted in favor of recommending that the
City of Culver City, California
City Council Agenda Item Report
City only enforce the current State law and not impose additional restrictions (3-2,
Commissioners James and Shapiro dissenting). A copy of the minutes relating to
this item is included as Attachment 3.
This issue is now before the City Council for discussion. Should the Council
recommend imposing additional smoking restrictions, its recommendations will be
incorporated into an ordinance and brought back for consideration.
DISCUSSION:
Currently, CCMC provisions do not include any prohibitions or restrictions relating to
smoking in public parks. However, State law (Health and Safety Code § 104495)
does prohibit smoking within 25 feet of a playground or tot lot sandbox area. In
considering whether to amend the CCMC to add smoking regulations enforceable
within the City’s parks, the City has the following options: 1) solely enforce current
State law; 2) adopt stricter regulations (i.e. increase the distance from tot lots within
which smoking is prohibited, impose stricter penalties, etc.); and 3) ban smoking in
parks altogether.
Staff has looked at various cities to see if they have adopted regulations pertaining
to smoking in public parks. Several cities, including El Monte, Fresno, Long Beach,
Pasadena, San Francisco and Santa Monica, have established a complete
prohibition against smoking in public parks. The cities of El Segundo, Huntington
Beach, Laguna Beach, Long Beach, Los Angeles, Malibu, Manhattan Beach,
Newport Beach, San Clemente and Santa Monica have banned smoking on
beaches. Many of these cities, including Huntington Beach, Laguna Beach, Long
Beach, Malibu, Newport Beach, Pasadena, San Clemente, San Francisco and Santa
Monica have also banned smoking at other public recreation areas such as piers,
bike paths and recreation centers.
Survey of Cities’ Smoking Prohibitions
Parks Beaches Other Areas
El Monte X
El Segundo X
Fresno X
Huntington
Beach
X Pier and pier plaza.
Laguna Beach X Beach access ways.
Long Beach X X Bike paths and
launch ramps. City of Culver City, California
City Council Agenda Item Report
Los Angeles X
Malibu X Pier.
Manhattan
Beach
X
Newport Beach X Piers and other
waterfront areas.
Pasadena X Playgrounds and
recreation centers.
San Clemente X Pier and walkways
and strands adjoining
beach areas.
San Francisco X Squares, gardens,
sports or playing
fields, piers and other
areas used for
recreational purposes.
Santa Monica X X Pier and outdoor
service areas.
(See Attachment 4|1010| for detailed information relating to these regulations.)
OPTIONS:
1. Enforce Current State Law.
Health and Safety Code § 104495 prohibits smoking, or the disposal of any tobacco-
related waste, within 25 feet of any playground or tot lot sandbox area (excluding
public sidewalks located within this radius). A violation of this section is deemed an
infraction and punishable by a fine of $250.
2. Stricter Regulations Pertaining to Tot Lot Areas.
The City has the authority to adopt regulations that are more restrictive than Health
and Safety Code § 104495 (see subdivision “h”) and to prohibit smoking in many
areas that are not covered by State of Federal law. Further, the courts have held
that regulating smoking to protect the public’s health is a valid exercise of a city’s
police power. One option that may be considered is expanding the “smoke free
zone” surrounding tot lots (i.e. within 50 feet, 100 feet, etc.). Another option to
consider is imposing stricter penalties and/or fines. The City could establish a larger
fine, or deem a violation of the law a misdemeanor, or both.
|1010| Provided courtesy of County of Los Angeles Department of Health Services Tobacco Control & Prevention Program City of Culver City, California
City Council Agenda Item Report
3. Complete Prohibition
The City also has the authority, as discussed above, to adopt a total ban on smoking
within its public parks. Several cities (El Monte, Fresno, Long Beach, Pasadena,
San Francisco and Santa Monica) have adopted such prohibitions.
ENFORCEMENT:
In pursuing any of the above-listed options, the issue of enforcement should also be
considered. Enforcement of any of the regulations discussed may be limited due to
lack of City resources. Should the Council establish additional regulations, it may
want to consider taking steps to encourage and promote self-regulation and
compliance (i.e. clear, conspicuously posted “no smoking” signs; providing the public
with a right of private civil action).
ADDITIONAL RESOURCES:
A representative(s) from the Los Angeles County Department of Health Services
Tobacco Prevention Program will be present at the City Council meeting to provide
additional information and answer questions, if necessary. City staff will also be
available for questions.
FISCAL ANALYSIS:
There is no fiscal impact for this agenda item. However, any future adoption of
additional regulations restricting or prohibiting smoking in public parks may require
increased enforcement activity by City staff, particularly the Police Department.
These costs cannot be easily quantified. In addition, there would be a cost for the
installation of adequate signage.
ATTACHMENTS:
1. Public notification
2. Health and Safety Code § 104495
3. Excerpt from minutes of October 4, 2004 Parks and Recreation Commission
meeting
4. Regulations of survey cities
City of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
Discuss options for regulating smoking in public parks and provide direction to staff.
MEETING DATE 03/13/06
AGENDA ITEM Discussion of Options for Regulating Smoking in Public Parks
ATTACHMENTS
Pages|109| Public notification 1|109| Health and Safety Code § 104495 2-3|109| Excerpt from minutes of October 4, 2004 Parks and Recreation
Commission meeting 4-6|109| Regulations of survey cities 7-15CAM. A. ScHwAs
City MOMS,
(310) 253 5660
OFFICE OF THE CITY ATTORNEY FAX (310) 253 5664
CITY OF CIILVER CITY
9770 CULVER BOULEVARD CULVER CITY CALIFORNIA 90232 0507|1010|NOTICE OF CULVER CITY "-
CITY COUNCIL MEETING
Discussion of Options for Regulating Smoking in
Public Parksi'|1010|6 •,
The item will be discussed during the regular /meeting of the Qty.
Council which will convene at 7 00 p in and wall"
Mike Balkman Council Chambers at City Hall 7 ClulVer
Boulevard which is accessible to disabled persons. Anyone
mg to address the City Council in person On this item.mak'd%so
the time of the meeting by completing a, speaker's carcli -a0,sui*Ii-
tmg it to the City Clerk before the meeting commends Anyone
who is unable to_attend the meeting but who
wishes
to provide the
City Council with written input or comment may do so by any of the
following triesM BEFORE 5 30 p m on March 13 2006 , '12,4r
.r.
1 By LETTER tO the City Clerk City of _Culver City,-9770 Culver
Blvd Culver City CA 90232 I ,—.,,, f-c — _
2 By FAX to the City Clerk at 310 253 5830 or
3 By E MAIL to city clerk@culvercity org
The City Co -uncil Agenda Item Report will be available for viewing
on the City s website on or after March 8 2006 at
wwvv culvercity org or at the City Clerk s Office or the Juhan Dixon
Library 4975 Overland Avenue Culver City,
REGARDING DISCUSSION OF OPTIONS FOR
REGULATING SMOKING IN PUIILIC PARKS|109| h ft w rif
k" A
You are hereby notified that the following item will bp-considered
t417,""Z
by the City Council atits meeting on Monday,714arcb:13, 4006 kr,
'c A
< , 4 r
If you have any questions regarding this matter please call Heather
Iker Deputy City Attorney at (310) 253 5660APratflotENr
7_
HEALTH AND SAFETY CODE § 104495
Definitions, smoking near playground and sandbox areas, punishment, applicability of
section
(a) For the purposes of this section, the following definitions shall govern
(1) "Playground" means any park or recreational area specifically designed to be used
by children that has play equipment installed, or any similar facility located on public or
private school grounds, or on city, county, or state park grounds
(2) "Tot lot sandbox area" means a designated play area within a public park for the use
by children under five years of age Where the area is not contained by a fence, the
boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface
of safety material, such as concrete or wood, or any other material surrounding the tot
lot sandbox area
(3) "Public park" includes a park operated by a public agency
(4) "Smoke or smoking" means the carrying of a lighted pipe, lighted cigar, or lighted
cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including,
but not limited to, tobacco, or any other weed or plant
(5) "Cigarette" means the same as defined in Section 104556
(6) "Cigar" means the same as defined in Section 104550
(b) No person shall smoke a cigarette cigar, or other tobacco-related product within 25
feet of any playground or tot lot sandbox area
(c) No person shall dispose of cigarette butts cigar butts, or any other tobacco-related
waste within 25 feet of a playground or a tot lot sandbox area
(d) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the
purpose of retaliating against another person who seeks to attain compliance with this
section
(e) Any person who violates this section is guilty of an infraction and shall be punished
by a fine of two hundred fifty dollars ($250) for each violation of this section Punishment
under this section shall not preclude punishment pursuant to Section 13002, Section
374 4 of the Penal Code, or any other provision of law proscribing the act of littering
(f) The prohibitions contained in subdivisions (b), (c), and (d) shall not apply to private
property
z(g) The prohibitions contained in subdivisions (b) and (c) shall not apply to a public
sidewalk located within 25 feet of a playground or a tot lot sandbox area
(h) This section shall not preempt the authority of any county, city, or city and county to
regulate smoking around playgrounds or tot lot sandbox areas Any county, city, or city
and county may enforce any ordinance adopted pnor to January 1, 2002, or may adopt
and enforce new regulations that are more restrictive than this section, on and after
January 1, 2002
32
Parks Recreation & Community Services Commission
AerrAcomemer
Item #6b
7 io p m|1010|Presentation of "Recipes for Life" Videotape of the Semor Center Nutrition
Program
Renee Feiger, Senior and Social Services Manager, spoke about the Senior Center s new
partnership with the City of Santa Monica s CITY TV for a 5-series cable television
segment demonstrating how to prepare a favorite recipe The show entitled Recipes for
Life is hosted by Clark Dikeman, Senior Center Nutrition Director, and features a guest
senior cook from the community
Ms Feiger was joined by Mr Dikeman and Barbara Silverstein, member of the Senior
Center Board of Director, as they shared a videotaped segment of Recipes for Life" with
Mrs Silverstein as the guest cook demonstrating the preparation of matzo balls
Following the viewing of the videotape, Mrs Silverstein addressed the Commission and
briefly spoke about the need for technical support m the Center s computer room She
extended an invitation to Commissioners to participate in the Senior Center Open House
and celebration commemorating the first anniversary in the new facility on Thursday,
May 13, 2004 from 1 00-3 30 p m
000
Item #5 Audience Participation for Items Not on the Agenda
7 25 p m
At this time, Chair Deen recognized the following members in the audience to address the
Commission
Laura Neufeld of the Culver City Public Theater, expressed concern that construction of
the new restrooms at Carlson Park may not be completed in time for the start of the
Public Theater s summer season, to begin July 20, also asked about the feasibility for a
larger storage space in the new restroom facility for their costumes and stage equipment
Marty Nicholson, Recreation Manager, explained that when the grant application was
prepared for the Carlson Park restroom project, a letter of support for expanded storage
was submitted by Public Theater and included m the grant
Ms Neufeld was invited to arrange with staff to view the design plan for the Carlson Park
restroom project
Scott Maim, resident of west Culver City, stated that he was pleased the survey to obtain
community input on future planning and improvement efforts for Culver West Park had
been distributed to adjacent Los Angeles residents through the cooperation of Council
member Cindy Miscikowski s office He said he had posted the community survey on the
neighborhood web site for public access He concluded by thanking the Commission for
their support and continued interest, and offered his assistance in moving this process
forward
000
Item #
7
40 p m
Review of Proposed Amendments to the City Ordinance Regarding Park
Usage
Marty Nicholson, Recreation Manager, gave the staff report
The Commission reviewed each of the nine proposed Municipal Code revisions
recommended by staff with legal guidance from Heather Iker, Deputy Prosecuting
Attorney from the City Attorney s Office Following discussion, the Commission took the
following actions on each of the recommended revisionsParks Recreation & Community Services Commission
(1) Park Use Permit
MOVED BY COMMISSIONER SHAPIRO, SECONDED BY COMMISSIONER COOPER
AND UNANIMOUSLY CARRIED, TO APPROVE THE PROPOSED MUNICIPAL CODE
REVISIONS TO THE CHAPTER ON PARK USAGE AS IT PERTAINS TO THE
CONDITIONS UNDER WHICH A PARK USE PERMIT IS ISSUED
(2) Compliance
MOVED BY COMMISSIONER SHAPIRO, SECONDED BY COMMISSIONER JAMES
AND UNANIMOUSLY CARRIED, TO APPROVE IN CONCEPT THE PROPOSED
MUNICIPAL REVISION TO THE CHAPTER ON COMPLIANCE AS IT RELATES TO
CERTAIN VIOLATIONS THAT SHOULD BE DEEMED INFRACTIONS RATHER THAN
MISDEMEANORS AND THE RESULTING PENALTIES
(3) Unattended Children and (4) Control of Children
MOVED BY COMMISSIONER JAMES, SECONDED BY COMMISSIONER COOPER
AND UNANIMOUSLY CARRIED, TO APPROVE THE PROPOSED MUNICIPAL CODE
REVISION TO THE CHAPTERS ON UNATTENDED CHILDREN AND CONTROL OF
CHILDREN ISSUES AND WHETHER THESE SHOULD BE ADMINISTRATIVE
POLICIES OR INCLUDED IN THE CITY'S MUNICIPAL CODE
(5) Tennis Courts
MOVED BY COMMISSIONER ALEXANDER, SECONDED BY COMMISSIONER
COOPER AND UNANIMOUSLY CARRIED, TO APPROVE MINOR, NONSUBSTANTIVE
CHANGES RECOMMENDED TO THE MUNICIPAL CODE CHAPTER PERTAINING TO
PROHIBITIVE USE OF CITY-OWNED TENNIS COURTS FOR PROFESSIONAL
INSTRUCTION WITHOUT A CONTRACTUAL AGREEMENT WITH THE CITY OF
CULVER CITY
(6) Abandoned Personal Property and (7) Shopping Carts
MOVED BY COMMISSIONER ALEXANDER, SECONDED BY COMMISSIONER
COOPER AND UNANIMOUSLY CARRIED THAT THE COMMISSION DEFER ANY
ACTION ON THE PROPOSED MUNICIPAL CODE AMENDMENTS TO THE CHAPTERS
RELATING TO ABANDONED PERSONAL PROPERTY AND SHOPPING CARTS IN
PUBLIC PARKS, UNTIL FURTHER RESEARCH AND ANALYSIS BY THE CITY
ATTORNEYS OFFICE TO ADDRESS POTENTIAL DUE PROCESS AND STATE LAW
PRE-EMPTION ISSUES IS COMPLETED
(8) Field Use Permits
This section will be combined with the Park Use Permit portion and divided into two
subsections 1.) one dealing with picnic use and 2) the other with field use Staff will need
to submit a definition of the term field"
(9) No Smoking
There was discussion regarding the new State law prohibiting smoking within 25 feet of a
playground or sandbox area, and related options the City Council will be considering
including 1.) enforcement of the State law only, 2) adoption of a stricter policy e
increasing the distance within which smoking is prohibited, imposing stricter penalties,
etc ), and 3) adoption of a total ban on smoking m the parks
Chair Deen referred to his written comments addressing this issueParks Recreation & Community Services Commission
MOVED BY COMMISSIONER JAMES, SECONDED BY COMMISSIONER SHAPIRO
THAT THE COMMISSION SUPPORT THE ADOPTION OF A TOTAL BAN ON
SMOKING IN THE PARKS AND A STRICTER POLICY OF NO-SMOKING IN THE
PARKS
The Chair called for a vote on the Motion which resulted in the following
AYES Commissioners James and Shapiro
NOES Commissioners Alexander, Cooper and Deen
ABSTAIN None
ABSENT None
THE MOTION FAILED BY A 3-2 VOTE
MOVED BY COMMISSIONER COOPER, SECONDED BY COMMISSIONER
ALEXANDER, THAT THE COMMISSION SUPPORT THE ENFORCEMENT OF THE
CURRENT STATE LAW ONLY AS IT PERTAINS TO THE PROHIBITION OF SMOKING
WITHIN 25 FEET OF A PLAYGROUND OR SANDBOX AREA
The Chair called for a vote on the Motion which resulted in the following
AYES Commissioners Deen, Cooper and Alexander
NOES Commissioners James and Shapiro
ABSTAIN None
ABSENT None
THE MOTION PASSED BY A 3-2 VOTE
000
Item #8c
Progress Report on the Dog Park
8 45 P m
Vicki Daly-Redholtz, Chair of the Friends of Culver City Dog Park, announced the
following upcoming events
• Daphne s Greek Fundraiser on Tuesday, May 25, 5 00-9 oo p m
• Annual Rabies Vaccmation Clinic on Thursday, June 3, 7 00-9 oo p m in the
parking lot behind the Veterans Memorial Building
• Bone Yard Bash 2 Annual Fundraiser on Saturday, October 16, 6 oo p m,
Radisson Hotel
She encouraged public input on the Los Angeles Animal Control as the renewal of their
contract will be discussed at the City Council meeting on May 10 She indicated the
Animal Control agency is important to the Dog Park effort because they collect the dog
license fees and provide services for lost animals, and that they would be the agency to
assist with dog-related problems in the Dog Park
She mentioned board members have met with the City Attorneys office to discuss
proposed changes to the City ordinance regarding dog park rules and agreements for use
of the Dog Park
Commissioner James asked about her previous request to agendize for discussion the
feasibility of amending the City ordinance on an interim basis to allow leashed dogs in
public parks until the Dog Park is developed and open to dog owners
Mr Rogers assured her that her requested item would be agendized for the Commission s
June meeting|1010| 4ArmAolsoNliri
Examples of Local Jurisdictions
Smoking Restrictions in Parks
City of Pasadena
Section 8 78 051 Prohibition of smoking in public parks
A It is unlawful for any person to possess a burning tobacco or tobacco-related product,
including but not limited to cigars and cigarettes, to chew tobacco or tobacco-related
products, to dispose of lighted or unlighted cigars or cigarettes or cigarette butts, or any
other tobacco-related waste, in or upon any dedicated city park, playground or recreation
center
B The Brookside Park golf course and clubhouse patio shall be exempt from this restriction
(Ord 6962 § 2 (part) 2004)
City of Santa Monica
Section 444 020 Prohibitions
(a) Smoking in specific locations
It shall be unlawful to smoke in the following places
(1) Any elevator,
(2) Any public park,
(3) 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 m Government Code Section
7596) or within 20 feet of any entrance, exit or window of a public building
City of San Francisco
Section 1009 81 Prohibiting Smoking in City Parks and Recreational Areas
(a) Smoking is prohibited on any unenclosed area of property in the City and County of San
Francisco that is open to the public and under the jurisdiction of the Recreation and Park
Commission or any other City department if the property is a park, square, garden, sport
or playing field, pier, or other property used for recreational purposes
(b) Nothing in this section is intended to change the provisions of Health Code Section
1009 22(b) regulating smoking in sport stadiums
(c) Each City department with jurisdiction over property subject to this Article shall post
signs in appropriate locations to provide public notice that smoking is prohibited
(d) The provisions of this Article do not apply in any circumstance where federal or state law
regulates smoking if the federal or state law preempts local regulation or if the federal or
state law is more restnctive
(e) The provisions of this Article do not apply to playgrounds or tot lot sandbox areas, in and
around which smoking is prohibited by California Health and Safety Code Section
104495
(f) The provisions of this Article do not apply to piers primarily used for commercial
purposes
(g) The provisions of this Article do not apply to golf courses (Added by Ord 28 05 File No
041307 App 2/4/2005)City of Fresno
Section 8-401 Prohibited Acts in Parks
Within the limits of any park, no person shall do any of the acts hereinafter specified to wit
(25) Possess a lighted or burning tobacco or tobacco-related product, including but not
limited to cigars, cigarettes and pipes, use or chew tobacco or tobacco-related
products, or dispose of any lighted or unlighted tobacco or tobacco-related product
in any place other than a designated waste disposal container This subsection shall
expire one year from its effective date (Ong Ord 1076 3244 and 3356 Am Ord 5311
1958 Am Ord 6007 1961 Am Ord 6915 1966 Am Ord 67 138 1968 Am Ord 72 41 1972
Am Ord 2004 138 § 1 eff 1 25 05)
City of El Monte
Section 9 10 020 Prohibition
A It is unlawful for any person to smoke a cigarette, cigar, or other tobacco-related product
at all city of El Monte parks, from curb to curb in or upon any dedicated city park,
playground or recreation center including but not limited to Arceo Park, Fletcher Park,
Pioneer Park, Rio Vista Park, Baldwin Mini Park, Lambert Park, Mountain View Park,
Zamora Park, Gibson Park, Lashbrook Park and Santa Fe Trail Histoncal Park, including
but not limited to any play areas, tot lot sandbox area, buildings and any parking lots
adjacent to park
B It is unlawful for any person to dispose of cigarette butts, cigar butts, or any other
tobacco-related waste at all city of El Monte parks, from curb to curb in or upon any
dedicated city park, playground or recreation center including but not limited to Arceo
Park, Fletcher Park, Pioneer Park, Rio Vista Park, Baldwin Mini Park, Lambert Park,
Mountain View Park, Zamora Park, Gibson Park, Lashbrook Park and Santa Fe Trail
Histoncal Park, including but not limited to any play areas, tot lot sandbox area,
buildings, and any parking lots adjacent to park
C The department or division responsible for maintenance of all city of El Monte parks
shall post signs indicating the prohibitions set forth in subsections A and B of this
section Such signs shall be posted in at least three (3) conspicuous locations in each
park (Ord 2645 § 1 2005 Ord 2549 § 1 (part) 2002)
City of San Fernando
Section 54 27 Smoking prohibited
(a) No person shall be in possession of a burning tobacco or tobacco-related product,
including but not limited to cigars and cigarettes, in or upon any park, playground or
recreation center
(b) No person shall chew tobacco or tobacco-related products, in or upon any park,
playground or recreation center
(c) No person shall dispose of lighted or unlighted cigars or cigarettes, or cigar or cigarette
butts, or any other tobacco-related waste in or upon any park, playground or recreation
center
(d) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of
retaliating against another person who seeks to obtain compliance with this section (Ord
No 1525 § 1 9 4 2001)
$Examples of Local Jurisdictions
Smoking Restrictions on Beaches
City of Los An2eles
Section 63 44 Regulations Affecting Park and Recreation Areas
A Definitions As used in this section
"Beach" shall include public seashore and shoreline areas bordenng the Pacific Ocean
that are owned, managed or controlled by the City (Added by Ord No 163 039 Eff 1/17/88)
"Park" shall include every public park, roadside rest area, playground, zoological garden,
ocean, beach or other recreational facility area, together with any parking lot, reservoir
pier, swimming pool, golf course, court, field, bndle path, trail, or other recreational
facility, or structure thereon, in the City of Los Angeles and under the control, operation
or management of the Board of Recreation and Park Commissioners, the Los Angeles
County Department of Parks and Recreation, the Los Angeles County Department of
Beaches, or the Los Angeles Memorial Coliseum Commission "Park" does not include
any State Histonc Park located within the City of Los Angeles
"Board" shall mean the Board of Recreation and Park Commissioners
I Within the limits of parks consisting of beaches and water recreation areas
No person shall light, ignite, or otherwise set fire to, or smoke, carry, throw or discard
any lighted tobacco products, including cigarettes, cigars or smoking tobacco For
purposes of this Subdivision, "smoke" shall include the carrying or holding of a lighted
pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the
emitting or exhaling the smoke of a pipe, cigar, cigarette or any other smoking
equipment No person shall discard, dispose of, or deposit any tobacco product,
including cigarette and cigar butts and ashes, except in approved containers specifically
placed and designated for receipt of trash, refuse, rubbish, litter or other kind of waste
matenals The Department shall post and maintain "No Smoking" signs in conspicuous
locations All such signs shall clearly and conspicuously recite the phrase "NO
SMOKING" and/or use the international no-smoking symbol and shall cite this
Subdivision of Section 63 44 of the Los Angeles Municipal Code A violation of this
Subdivision shall be punishable as an infraction (Added by Ord No 153 027 Eff 11/16/79)
City of Malibu
Section 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 or any area of the Malibu Pier not designated for smoking within the city of
Malibu For the purpose of this section, "smoking" means inhaling, exhaling, burning, or
carrying any lighted cigarette, cigar or pipe For the purpose of this section, beach shall not
include parking lots or roadways (Ord 265 § 1 2004)City of Santa Monica
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) 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
City of Huntington Beach
Section 13 08 115 Smoking Boundanes
No person shall smoke on the Beach, Pier or Pier Plaza unless the Director has designated a
specific signed smoking area (3656 8/04)
City of Laguna Beach
Section 7 40 115 Smoking prohibited— Public beaches and public beach access ways
Smoking is prohibited and is unlawful within the boundanes of any public beach and within
any public beach access way, including but not limited to walkways, boardwalks and
stairways, adjoining public beach areas (Ord 1444 § 1 2004)
City of San Clemente
Section 8 64 140 Beaches—Smoking prohibited except in designated smoking areas
No person shall smoke within the boundanes of any public beach, including public walkways
and strands adjoining beach areas, or the municipal pier, except in certain outdoor locations
and patio areas, if any, that the City Council specifically designates by resolution as
temporary or permanent smoking areas (Ord 1291 § 2 2004)
City of Manhattan Beach
Section 12 08 320 Smoking prohibited on beaches
A Definitions For purposes of this section the following defimtions shall apply
"Beach" shall mean and include the sandy area on either side of the mean high tide line
all the way up to, but not including the strand walkway or the parking lots on the west
side of the strand walkway and shall also include the entire Manhattan Beach
Municipal Pier
"Smoke/smoking" means the carrying or holding of a lighted pipe, cigar or cigarette of
any kind, or any other lighted smoking product or equipment used to burn any tobacco
products, weed, plant, or any other combustible substance Smoking shall include the
emitting or exhaling the fumes of any of the foregoing
B Prohibitions
1 No person shall smoke on the beach as defined in this section2 No person shall dispose of any cigarette, cigar or other tobacco product or any part
thereof on the beach except in a designated waste disposal container
C Enforcement
1 Each separate violation of this section is an infraction
2 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
proscnbmg the act of littenng Nothing in this section shall preclude any person,
corporation or governmental entity from seeking any other remedies, penalties or
procedures provided by law whether civil or cnminal (§ 1 Ord 2066 eff November 5
2004)
City of Newport Beach
Section 11 08 080 Smoking on City Beaches, Municipal Piers, Public Floats and Public Wharves
A "Smoke" or "Smoking" means the carrying or holding of a lighted pipe, a lighted
cigarette or lighted cigarette of any kind, or any other lighted smoking equipment, and a
lighting of a pipe, cigar or cigarette, of any kind, and, inhaling, emitting, or exhaling the
smoke of a pipe, cigar, or cigarette of any land or any other smoking equipment
B No person shall smoke within the boundanes of any public oceanfront or bay front beach,
including public walkways and strands adjoining beach areas, the municipal piers, public
floats, public wharves, Inspiration Point or Lookout Point, except in certain outdoor
locations and patio areas, if any, that the City Council specifically designates by a
resolution as temporary or permanent smoking areas
C Disposal of Smoking Waste No person shall dispose of any cigarette, cigar or tobacco, or
any part of a cigarette or cigar, including cigarette and cigar butts and ashes and used
matches in any place where smoking is prohibited under this chapter, except in any
specifically designated smoking waste receptacle
D A violation of this section is an infraction
E Punishment under this section shall not preclude punishment pursuant to Health & Safety
Code Section 13002, Penal Code Section 374 4, or any other law prescnbmg act of
littenng Nothing in this section shall preclude any person from seeking any other
remedies, penalties or procedures provided by law (Ord 2004-19 § 2, 2004)
11City of El Se2undo
ORDINANCE NO 1385
BEACH REGULATIONS
AN ORDINANCE ADDING A NEW SECTION 10-3-12 TO CHAPTER 3 OF TITLE 10
TO THE EL SEGUNDO MUNICIPAL CODE ENTITLED "BEACH REGULATIONS"
The city council of the city of El Segundo does ordain as follows
SECTION 1 A new section 10-3-12 is added to ESMC Title 10 Chapter 3 to read as
follows
Smoking Prohibited
It is unlawful to smoke on any public beach within the city of El Segundo For the
purpose of this section, smoking means inhaling, exhaling, burning, or carrying any
lighted cigarette, cigar or pipe For the purpose of this section, beach does not include
parking lots or roadways
SECTION 2 Repeal of any provision of the El Segundo Municipal Code will not affect
any penalty, forfeiture, or liability incurred before or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance
SECTION 3 If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable
SECTION 4 The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the City of El Segundo's book of original
ordinances make a note of the passage and adoption in the records of this meeting,
and, within fifteen (15) days after the passage and adoption of this Ordinance cause it
to be published or posted in accordance with California law
SECTION 5 This Ordinance will become effective thirty (30) days following its passage
and adoption
PASSED AND ADOPTED this _2 day of AUGUST 2005
1 z-City of Long Beach
ORDINANCE NO ORD-05-0015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH
AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING SECTIONS
8 68 020 AND 16 16 010 AND BY ADDING SECTION 8 68 065 TO BAN SMOKING ON
CITY BEACHES THE BEACH BIKE PATH AND BEACH LAUNCH RAMPS
The City Council of the City of Long Beach ordains as follows
WHEREAS the City of Long Beach seeks to reduce the amount of pollution caused by
discarded tobacco products such as cigarette and cigar butts and
WHEREAS, the City of Long Beach seeks to reduce health risks to young children, as
well as the likelihood that children will find and play with discarded tobacco products
such as cigarette butts and/or cigar butts,
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows
Section 1 Section 8 68 020 of the Long Beach Municipal Code is hereby amended in its
entirety to read as follows
8 68 020 Definitions
The following words or phrases, whenever used in this ordinance, shall be given
the following definitions
A "Adjacent Water Areas" shall mean 50 feet seaward of the mean high tide
line of the City Beaches
B "Bar" means an area which is devoted to serving of alcoholic beverages
and in which the service of food is only incidental to the consumption of such
beverages Bar shall also include a nightclub or cabaret where entertainment
and/or dancing are provided in addition to the consumption of alcoholic
beverages or food
C "Beach Bike Path" shall mean that portion of the bike path located on the
sand areas of the beach from the eastern edge of the Long Beach Shoreline
Manna parking lot at approximately Alamitos Avenue easterly to the
southeastern corner of the intersection of Ocean Boulevard at approximately
Bayshore Avenue
D "Beach Launch Ramps" shall mean the launch ramps located at the foot of
Claremont Avenue and Granada Avenue
13E "Child care facility" means any location or portion thereof where children
other than those of the owner operator or proprietor are cared for or
supervised in exchange for anything of value
F "Cigar" shall have the same definition as California Health and Safety Code
Section 104550, as currently defined or as may be amended
G "Cigarette" shall have the same definition as California Health and Safety
Code Section 104556 as currently defined or as may be amended
H "City facility" means any enclosed structure wherever owned or used by
the City of Long Beach for its operations or activities
I "City vehicle" means any vehicle owned and operated by the City for public
purposes
J "Employee" means any person who is employed for any employer for direct
or indirect monetary wages or profit
K "Employer" means any person who employs the services of any person
other than himself or herself
L "Enclosed" means closed in by a roof and four (4) walls with appropriate
openings for ingress and egress but does not include areas commonly
described as public lobbies
M "Motion Picture Theater" means any theger engaged in the business of
exhibiting motion pictures
N "Playground," for purposes of California Health and Safety Code Section
104495, is more specifically defined to mean twenty-five feet (25') from the
edge of a sand area within a city park or recreational area specifically
designed to be used by children and that has play equipment installed in it
0 "Public Place" means any enclosed area to which the public is invited or in
which the public is permitted, including, but not limited to, retail stores retail
service establishments, retail food production and marketing establishments
restaurants theaters auditoriums gymnasiums waiting rooms reception
areas educational facilities health facilities, public transportation facilities,
bowling alleys, bingo parlors hair salons, laundromats, gaming clubs, bars
taverns, hotel and motel lobbies A private residence is not a "public place",
except that the enclosed common areas of apartment or condominium
structures, if any shall be considered "public places" for purposes of Section
8 68 060P "Service Line" means an indoor line or area in which persons await service
of any kind, regardless of whether or not such service involves the exchange
of money Such service shall include but Is not limited to sales providing
information, directions, or advice and transfers of money or goods
Q "Smoke" or "Smoking" shall mean the carrying of a lighted pipe, lighted
cigar, or lighted cigarette of any kind or the lighting of a pipe, cigar or
cigarette of any kind, including but not limited to tobacco, or any other weed
or plant
R "Workplace" means any enclosed area of a structure or portion thereof
occupied by any entity and frequently by employees during the normal course
of their employment where clerical, professional, manufacturing, business
services or other normal and customary activities of the entity are performed
or where other work is done at that location Workplace also includes, but is
not limited to, spaces in office buildings medical office waiting rooms
libraries, museums, gaming clubs bars, taverns, employee lounges,
employee breakrooms, conference rooms, and employee cafeterias A private
home is not a workplace except where such home is used as a child care
facility as defined in Section 8 68 020(8)
Sec 2 Section 16 16 010 of the Long Beach Municipal Code is amended to add
Section 16 16 010(R) to read as follows
6 16 010(R) Smoking shall be banned on City beaches, the beach bike path
and City beach launch ramps as more spec ipally set forth in Chapter 8 68 of
this Code
I
Sec 3 Section 8 68 065 is added to the Long Beach Municipal Code to read as follows
8 68 065 Smoking prohibited - City beaches beach bike path and beach
launch ramps
Smoking shall be prohibited on all sand areas and Adjacent Water Areas of
City beaches the Beach Bike Path and Beach Launch Ramps with the
exception of designated outdoor dining areas or permitted beach concessions
and permitted activities, including but not limited to, filming and/or special
events
15