City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution establishing penalties for
violations of Chapter 9.11, Smoking Regulations.
BACKGROUND & DISCUSSION:
On September 22, 2008, the City Council adopted an Ordinance amending Chapter
9.11 of the Culver City Municipal Code (“CCMC”) relating to the City’s smoking
regulations (Attachment 1). As set forth in the Ordinance, CCMC Section
9.11.130.C. provides the City Council shall, by resolution, establish the penalties for
violations of Chapter 9.11. It was an oversight that the proposed Resolution did not
accompany the Ordinance at the time of its adoption. Such resolution is being
brought tonight for Council’s consideration and adoption.
The proposed fine structure is as follows:
Infraction: Misdemeanor: |1010|st
violation - $100 1
st
violation - $250 |1010|nd
violation within 1 year - $200 2
nd
violation within 1 year - $500 |1010|rd
& subsequent within 1 year - $500 3
rd
& subsequent within 1 year - $1,000
Meeting Date: 01/12/09 Item Number: C-7
AGENDA ITEM: Adoption of a Resolution Establishing Penalties for Violations of
Chapter 9.11, Smoking Regulations.
Contact Person/Dept.: Heather
Baker/City Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: County of Los Angeles Department of Health Services (via email on
01/05/09); Culver City Chamber of Commerce and Downtown Business Association (via
email on 01/05/09); restaurant owners (via mail on 01/ 05/09); individuals who spoke at
prior Council Meetings (via email on 01/06/08); Master Notification List (via email on
01/0709); and Coalition for a Tobacco Free LA County (comprised of over 70
organizations – this notification was emailed courtesy of the County of Los Angeles
Department of Health Services on 01/07/09)
Department Approval:
Carol Schwab (by H. Baker) (01/05/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (01/05/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (01/06/09)
City Manager Approval:
Jerry Fulwood (01/07/09) City of Culver City, California
City Council Agenda Item Report
FISCAL ANALYSIS:
The adoption of the proposed Resolution will establish criminal penalties for
violations of Chapter 9.11, Smoking Regulations. The collection of such fines would
result in a negligible source of revenue, as the court receives a portion of such fines
and those funds coming directly to the City would serve to offset costs of the
potential increase in enforcement activity by the Police Department. It is not
possible at this time to quantify an annual revenue receipt amount or forecast how
much additional enforcement activity may be expended on this effort. Any fines
received will be deposited to the Police Department’s revenue account.
ATTACHMENTS:
1. Ordinance No. 2008-009
2. Proposed Resolution
MOTION:
That the City Council:
Adopt a Resolution establishing penalties for violations of Chapter 9.11, Smoking
Regulations.
MEETING DATE: 01/12/09
AGENDA ITEM: Adoption of a Resolution Establishing Penalties for Violations
of Chapter 9.11, Smoking Regulations.
ATTACHMENTS
Pages
1. Ordinance No. 2008-009 1-10
2. Proposed Resolution 11-12ORDINANCE NO. 2008-009
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING CHAPTER 9.11 OF THE CULVER
CITY MUNICIPAL CODE RELATING TO SMOKING
REGULATIONS TO 1) ADD NEW REGULATIONS
PROHIBITING SMOKING IN OUTDOOR DINING AREAS; 2)
RELOCATE EXISTING REGULATIONS PROHIBITING
SMOKING IN CITY PARKS FROM SUBCHAPTER 9.10.500, et
seq. TO CHAPTER 9.11; AND 3) UPDATE EXISTING
REGULATIONS CONTAINED IN CHAPTER 9A1 TO BE
CONSISTENT WITH STATE LAW.
WHEREAS, the California Air Resources Board has identified environmental
tobacco smoke, or secondhand smoke, as a Toxic Air Contaminant, which may cause and
contribute to death or serious illness, including increased risks of cancer, and is especially
hazardous to children and people with asthma and other respiratory problems; and
WHEREAS, according to the United Stated Environmental Protection
Agency, any level of exposure to secondhand smoke is harmful; and
WHEREAS, it is the intent of the City Council of the City of Culver City to
provide for the public's health, safety, and welfare by discouraging the inherently
dangerous activity of tobacco use around non-consenting individuals; and
WHEREAS, the City Council hereby declares that the intent and purpose of
prohibiting smoking at the locations identified in this Ordinance is to protect the public
health, safety, and welfare by reducing the number of locations in the City where exposure
to secondhand smoke can occur; and
WHEREAS, for organizational purposes and ease of reference for the public,
the City's smoke-free parks regulations set forth in Chapter 9.10 shall be relocated to
Chapter 9.11; and
WHEREAS, the City's existing general smoking regulations set forth in
Chapter 9.11 are unnecessary as they are either duplicative of or in conflict with state law.
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28NOW THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Chapter 9.11 of the Culver City Municipal Code is hereby
repealed and replaced with the following:
CHAPTER 9.11: SMOKING REGULATIONS
§9.11.100 Purpose
§ 9.11.105 Definitions
§ 9.11.110 Smoking Prohibited in Outdoor Dining Areas
§ 9.11.115 Smoking Prohibited in City Parks and Recreational Areas
§ 9.11.120 Other Prohibitions and Requirements
§ 9.11.125 Exemptions
§ 9.11.130 Penalties and Enforcement
§ 9.11.135 Conflict of Provisions
§ 9.11.100 PURPOSE.
It is the intent of the City Council of the City of Culver City to control
exposure to secondhand smoke by prohibiting smoking at certain locations, in
addition to those places where smoking is prohibited by state law. The California Air
Resources Board has identified environmental tobacco smoke, or secondhand
smoke, as a Toxic Air Contaminant, which may cause and contribute to death or
serious illness, including increased risks of cancer, and is especially hazardous to
children and people with asthma and other respiratory problems. The intent and
purpose of prohibiting smoking at the locations identified in this Chapter is to protect
the public health, safety, and welfare by reducing the number of locations in the City
where exposure to secondhand smoke can occur_ The provisions of this Chapter
are intended to be a supplement to existing state law smoking prohibitions and
restrictions.
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28§ 9.11.105 DEFINITIONS.
For the purposes of this Chapter, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
Enclosed Area shall mean an area that is closed in by a roof and
walls with appropriate openings for ingress and egress.
Non-enclosed Area shall mean a predominantly outdoor area that
does riot meet the definition of "enclosed," including, but not limited to,
Outdoor Dining Areas.
Outdoor Bar Patio shall mean any Non-enclosed area located on
private or public property utilized primarily for the serving and/or consumption
of alcoholic beverages, in which the serving and/or consumption of food is
incidental to the serving and/or consumption of such beverages, and where
minors are not allowed to enter and remain. Outdoor Bar Patio does not
include an Outdoor Dining Area, regardless of whether alcoholic beverages
are served and/or consumed therein.
Outdoor Dining Area shall mean any Non-enclosed area located on
private or public property made available to or customarily used by the
general public that is designed, established or regularly used for consuming
food and/or beverages or where food and/or beverages are served whether
or not for compensation. This includes but is not limited to restaurants,
hotels, patios, and coffee shops. This does not include Outdoor Bar Patios.
Park or Recreational Area shall mean any outdoor area, owned or
operated by the City of Culver City or Culver City Redevelopment Agency,
open to the general public for primarily recreational purposes, regardless of
any fee or age requirement, including, but not limited to, picnic areas,
playgrounds, sports or athletic fields, walking paths, gardens, hiking trails,
bike paths, skateboard parks and dog parks. A Park or Recreational Area
2008 - 009
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3shall not include the City Hall Courtyard, Town Plaza, any paved public
sidewalk immediately abutting the boundary of the Park or Recreational Area
or any parking area within the boundaries of the Park or Recreational Area.
Smoking or to Smoke shall mean the possession of a lighted
Tobacco Product, lighted Tobacco Paraphernalia, or any other lighted weed
or plant, including a lighted pipe, cigar, hookah pipe, or cigarette of any kind;
and the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other
weed or plant, including a pipe, cigar, hookah pipe, or cigarette of any kind.
Tobacco Paraphernalia shall mean cigarette papers or wrappers,
pipes, holders of smoking materials of all types, cigarette rolling machines,
and any other item designed for the smoking, preparation, storing, or
consumption of Tobacco Products.
Tobacco Product shall mean:
A. any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
B. any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for
sale, or otherwise distributed with the expectation that the product or matter
will be introduced into the human body, but does not include any product
specifically approved by the United States Food and Drug Administration for
use in treating nicotine or tobacco dependence.
§ 9.11.110 SMOKING PROHIBITED IN OUTDOOR DINING
AREAS.
A. Prohibition. Smoking is prohibited in all Outdoor Dining Areas
located on private or public property, including the public right-of-way.
Smoking is further prohibited in all non-enclosed areas within five (5)feet of
any Outdoor Dining Area, except while actively passing on the2vovesy_teoenother
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28destination. Outdoor Bar Patios are exempted from the provisions of this
Section, provided the smoke does not enter adjacent areas in which smoking
is prohibited by law or by the owner, lessee, or licensee of the adjacent
property.
B. Posting of Signs. Every Outdoor Dining Area subject to the
prohibition set forth in subsection (A) above must have one or more
conspicuously displayed signs stating that smoking is prohibited in the
Outdoor Dining Area. Such signs must have text and/or graphics to clearly
indicate that smoking is prohibited in the Outdoor Dining Area and include an
appropriate Culver City Municipal Code citation. Any text must be clearly
contrasted with the background and must be a minimum of one inch in
height. The text must state "No Smoking," "Smoke Free Area," or another
phrase to clearly indicate that smoking is prohibited. Any graphics must be
substantially similar to the international "No Smoking" symbol, consisting of a
pictorial representation of a burning cigarette enclosed in a red circle with a
red bar across it. Such signs shall be posted in a quantity and manner
reasonably likely to inform individuals occupying the Outdoor Dining Area that
smoking is prohibited within the Outdoor Dining Area and must be made of
permanent, weather resistant materials.
C. Time of Posting. Every business or property subject to subsection
(A) above shall post the signs required by this Section within thirty (30) days
of the effective date of this Chapter. Every business or property which
becomes subject to the provisions of this Chapter after its effective date shall
post the required signs immediately upon commencing operations.
§ 9.11.115 SMOKING PROHIBITED IN CITY PARKS AND
RECREATIONAL AREAS.
A. Prohibition. Smoking within any Park or Recreational Area is
Prohibited.
2008 - 009
-5-B. Tobacco Waste. The disposal of any Tobacco Product or
Tobacco Paraphernalia within any Park or Recreational Area is prohibited,
except in a City-designated waste receptacle, or unless being done as part of
a scene in a film, television or live performance production.
C. Posting of Signs. The City shall cause the installation of "No
Smoking" signs, with letters of no less than one inch in height and including
the international "No Smoking" symbol consisting of a pictorial representation
of a burning cigarette enclosed in a red circle crossed by a red bar. Such
signs shall be clearly and conspicuously posted and maintained at all main
entrances to a Park or Recreational Area and additional signs shall be posted
in a quantity and manner reasonably likely to inform individuals occupying the
Park or Recreational Area that smoking is prohibited within the area.
§ 9.11.120 OTHER PROHIBITIONS AND REQUIREMENTS.
A. Nothing in this Chapter shall be construed to prohibit Smoking
in any area in which Smoking is already prohibited by state or federal law
unless the applicable state or federal law permits additional local regulation.
B. Nothing in this Chapter shall be construed to grant any person
an affirmative right to Smoke or permit Smoking in any area in which
Smoking is otherwise prohibited by this Chapter or state or federal law, or
prohibited by a person with property rights in the no-Smoking area.
C. No person shall Smoke or knowingly permit Smoking in
an area under the person's legal or de facto control in which Smoking is
prohibited by this Chapter or state or federal law except a person
who is already compelled to act under state or federal law unless the
applicable state or federal law permits additional local regulation.
D. No person shall willfully mutilate or destroy any sign required by
this Chapter.
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n"?
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28E. Signs reqUired by this Chapter are exempt from the sign
requirements in Chapter 17.330 of this Code.
F. The absence of signs required by this Chapter shall not be a
defense to a violation of any provision of this Chapter.
G. 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 Chapter.
§ 9.11.125 EXEMPTION.
The provisions of this Chapter shall not apply to any person acting in a
scene of a live performance production or a film or television production, as
long as a Film Permit has been obtained, if required pursuant to the
provisions of Chapter 11.14 of this Code.
§ 9.11.130 PENALTIES AND ENFORCEMENT.
A. The remedies provided by this Chapter are cumulative and
in addition to any other remedies available at law or in equity.
B. A violation of this Chapter is subject to a civil action brought
by the City Attorney, punishable by a civil fine not less than one hundred
dollars ($100) and not exceeding one thousand dollars ($1,000) per
violation.
C. A violation of any provision of this Chapter may, in the
discretion of the City Attorney, be prosecuted as an infraction or
misdemeanor. The City Council shall, by resolution, establish the penalties
for a violation of this Chapter, but in no event shall such penalties exceed
the maximum penalties permitted under State law.
D. Causing, permitting, aiding, abetting, or concealing a violation of
any provision of this Chapter shall also constitute a violation of this
Chapter.
2008-009 2008-009
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-7- 7-E. Any violation of this Chapter is hereby declared to be a
public nuisance. In addition, any violation of this Chapter involving
Smoking is hereby declared to be a private nuisance.
G. Any person acting for the interests of itself, its members, or the
general public may bring a civil action to enforce this Chapter_
§ 9.11.135 CONFLICT OF PROVISIONS.
In the event of any conflict between this Chapter and any other
provision of this Code, this Chapter shall control.
SECTION 2. Sections 9.10.500 through and including 9.10.525 of the Culver
City Municipal Code are hereby repealed.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616
and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City.
SECTION 4. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
nvalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
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2008-009 2008-009
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-8- 8-adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect.
APPROVED AND ADOPTED this 22-aci day of
September
, 2008.
D. SCOTT MALSIN, Mayor
City of CulVer City, California
AS TO FORM:
,c1Stat/Y1„ de4
MARTIN R. COLE, City Clerk
111,1
rfikoL A. SC r AB, City Attorney
2008 - 009
ATTEST:
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-9-STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF CULVER CITY
I, Oa Vallodares, Deputy City Clerk of the City of Culver City, California,
do hereby certify fiat the foregoing Ordinance No. 2008-009 was duly and
regularly adopted, passed, and approved by the City Council of the City of
Culver City, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the 22 day of September 2008, by the
following Councilmember vote:
AYES:
Armenta, Silbiger, Weissman, Malsin
NOES:
one
ABSTAI \1:
O'Leary
ABSENT:
None
Dated this*)3d day of September, 2008
Ela Val klclares
Deputy City Clerk and Ex—Officio Clerk of the City Council
City of Culver City, Stole of CaliforniaMEXtr
RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA. ESTABLISHING PENALTIES
FOR VIOLATIONS OF CHAPTER 9.11, SMOKING
REGULATIONS.
WHEREAS, pursuant to Culver City Municipal Code Section 9.11.130.C, the
City Council shall, by resolution, establish the penalties for a violation of Chapter 9.11,
Smoking Regulations, but in no event shall such penalties exceed the maximum penalties
permitted under State law; and
WHEREAS, on January 12, 2009, at a duly noticed public meeting, the City
Council considered establishment of penalties for violations of Chapter 9.11, Smoking
Regulations; and
WHEREAS, after giving the public an opportunity to be heard and
considering all information before it, the City Council approved the adoption of said
penalties as set forth herein below.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
The following penalties for violations of Chapter 9.11, Smoking
Regulations, are hereby established:
1. A violation charged as an infraction shall be punishable by:
a. A fine not exceeding One Hundred Dollars ($100.00) for
a first violation;
b. A fine not exceeding Two Hundred Dollars ($200.00) for
a second violation of the same provision of Chapter 9.11, Smoking
Regulations, within one year;
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28c. A fine not exceeding Five Hundred Dollars ($500.00) for
each additional violation of the same provision of Chapter 9.11, Smoking
Regulations, within one year.
2. A violation charged as a misdemeanor shall be punishable by:
a. A fine not exceeding Two Hundred Fifty Dollars
($250.00) for a first violation;
b. A fine not exceeding Five Hundred Dollars ($500.00) for
a second violation of the same provision of Chapter 9.11, Smoking
Regulations, within one year; and
c. A fine not exceeding One Thousand Dollars ($1000.00)
for each additional violation of the same provision of Chapter 9.11, Smoking
Regulations, within one year.
APPROVED and ADOPTED this day of 2009.
D. SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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