City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council:
(1) Introduce an Ordinance (Attachment 1) amending Chapter 9.11 of the Culver
City Municipal Code (CCMC) 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 9.11 to be
consistent with state law;
OR
(2) Provide further direction to staff regarding this issue.
Meeting Date: 09/08/08 Item Number: A-2
AGENDA ITEM: Introduction of an Ordinance 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 9.11 to
be Consistent with State Law.
Contact Person/Dept.:
Shelly Wolfberg/City Manager’s Office; or
Heather Baker/City Attorney’s Office
Phone Number:
(310) 253-6008 or
(310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: County of Los Angeles Department of Health Services; Culver City
Chamber of Commerce; Downtown Business Association; restaurant owners;
individuals who spoke at prior Council Meetings; Master E-Mail Notification List
(09/03/08); 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) (09/02/08).
Department Approval:
Martin R. Cole (09/02/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (09/03/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (09/03/08)
City Manager Approval:
Jerry B. Fulwood (09/03/08) City of Culver City, California
City Council Agenda Item Report
BACKGROUND:
Currently, CCMC provisions do not include any prohibitions or restrictions relating to
smoking in outdoor dining areas. There are also no such prohibitions or regulations
under state law in this regard.
At the December 10, 2007 City Council meeting, discussion ensued between the
City Council and staff regarding other cities’ smoking findings and ordinances;
enforcement issues; other pressing health issues; whether restaurant owners,
apartment building owners, and condo associations have the right to prohibit
outdoor smoking; government’s role in legislating behavior; and the economic
impact of a smoking ban within 20-feet of a City facility. Subsequent to that
discussion, the City Council voted 3-2 to direct staff to draft an ordinance to ban
smoking in outdoor dining areas.
On July 28, 2008, staff returned to the City Council with a proposed Ordinance and
other options for regulating smoking in outdoor dining areas. Staff also presented
amendments to the CCMC to relocate existing regulations prohibiting smoking in
City parks from Subchapter 9.10.500, et seq. to Chapter 9.11; and update existing
regulations contained in Chapter 9.11 to be consistent with state law. Included as
Attachment 2 is a copy of the January 28, 2008 staff report.
DISCUSSION:
Proposed Ordinance
1. Ban on Smoking in Outdoor Dining Areas:
In accordance with the City Council’s direction provided at the December 10, 2007
and January 28, 2008 meetings, the proposed Ordinance defines an “outdoor dining
area” broadly as follows:
“…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, bar standing and seating areas,
patios, and coffee shops.”
City of Culver City, California
City Council Agenda Item Report
At the City Council meeting of January 28, 2008, the City Council directed the City
Attorney to draft an ordinance which would ban smoking in outdoor dining areas to
include a further prohibition to the perimeter surrounding the outdoor dining area, as
well as an exception for bar patios. During consideration of this Ordinance on July
28, 2008, the City Council had considerable discussion regarding the exception for
bar patios and had consensus to move forward with language utilized by the City of
Oakland in its ordinance related to smoking in bar patios. The following provisions
have been included in Section 9.11.110.A of the revised proposed Ordinance:
A. Perimeter surrounding outdoor dining area.
“Smoking is further prohibited in all non-enclosed areas within five (5) feet of
any outdoor dining area, except while actively passing on the way to another
destination.”
B. Exception for bar patios.
“Bars 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.”
The following definition of “bar” has been added to Section 9.11.105 of the
proposed Ordinance. “Bar shall mean an area or a room utilized primarily for
the sale of alcoholic beverages for consumption by patrons on the premises
and in which the serving of food is incidental to the consumption of such
beverages.”
Enforcement
Should a smoking ban in outdoor dining areas be approved by the City Council, staff
recommends the restaurants be required to post a sign prohibiting smoking in
outdoor dining areas, referencing the CCMC Section setting forth the regulation, and
a telephone number to report a violation. Los Angeles-area cities that have made
business owners liable in this area all require such signage. The City of Calabasas
requires such signs be conspicuously posted at each entrance and include letters of
at least one inch in height or the universal no-smoking symbol. Burbank requires
that signs be conspicuously displayed including multiple signs as appropriate for
larger areas to ensure that signs be readily visible to all diners. The Cities of
Beverly Hills and Santa Monica have similar requirements to those of the City of
Burbank.
City of Culver City, California
City Council Agenda Item Report
In considering whether to adopt a ban on smoking in outdoor dining areas, staff has
discussed the issue of enforcement of such a law. The enforcement and penalty
provisions of the proposed Ordinance are written to provide several options for
enforcement and 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). It is staff’s understanding that similar no-smoking laws, such as the one
in the City of Beverly Hills, have been self-regulating for the most part. In the event
the City would need to take enforcement action, it would be handled as resources
permit, taking into consideration the existing work plans of the Police Department
and City Attorney’s Office. Should the City Council determine it wishes to make
enforcement of this proposed Ordinance a higher priority, additional resources
would need to be dedicated to this effort.
Staff recommends the enforcement of a smoking ban in outdoor dining areas be
enforced by the Police Department. It is anticipated that the Police Department
would provide ongoing education efforts by speaking with outdoor dining patrons
who are in violation of the smoking ordinance but unaware of its existence. Many of
these individuals could be tourists or come from outside Culver City’s boundaries.
While most individuals will likely comply with the law once officers explain the CCMC
requirements, those who are resistant would be requested to comply or be subject
to citation (see Penalties below).
Depending on the nature and level of the enforcement efforts of a smoking ban in
outdoor dining areas, it could require additional resources from the Police
Department and City Attorney’s Office. Funding has not been budgeted for FY
08/09 for additional enforcement services for a smoking ban in outdoor dining areas.
Penalties
According to research, some California cities impose initial fines on businesses of
$100 for violating outdoor smoking regulations with fines increasing to $200 and
$500 respectively for subsequent violations, as does the state indoor smoking law.
The proposed Ordinance provides the City Council shall, by resolution, establish the
penalties for a violation of the outdoor smoking regulations, but in no event shall
such penalties exceed the maximum penalties permitted under state law. If the
proposed Ordinance is introduced this evening, such a resolution will be presented
to the City Council for consideration at the time the Ordinance is brought back for
adoption.
Publicity, Outreach and Education
If the City Council approves a ban on smoking in outdoor dining areas, staff will
implement various methods of publicity and community outreach and education. City of Culver City, California
City Council Agenda Item Report
2. Reorganization and Update to Existing Smoking Regulations:
Smoke-free Parks Regulations
The existing regulations prohibiting smoking in all City parks are located in Chapter
9.10 of the CCMC. All other smoking regulations are located in Chapter 9.11 of the
CCMC. The proposed Ordinance will relocate the smoke-free parks regulations to
Chapter 9.11 for organizational purposes and ease of reference for the public.
Update Existing Smoking Regulations to be Consistent with State Law
The existing smoking regulations as set forth in Chapter 9.11 are duplicative of or in
conflict with state law. State law preempts local governments in the area of smoking
regulations, except to the extent that such regulations are not in conflict with or are
stricter than state law. The proposed Ordinance eliminates all regulations that are
duplicative of state law, as these are unnecessary, as well as those provisions that
are in conflict with state law. Language has been added to emphasize that the
regulations in Chapter 9.11 (smoking prohibitions in parks and outdoor dining areas)
are a supplement to existing state law smoking prohibitions and restrictions.
FISCAL ANALYSIS:
There is no fiscal impact to the introduction of the proposed ordinance this evening.
If the ordinance were to be eventually adopted by the Council, the additional
regulations prohibiting smoking in outdoor dining areas may require increased
enforcement activity by City staff, the Police Department and the City Attorney’s
Office. Additional staff time will be attributed to work by the City Manager’s office to
prepare and disseminate public information about the smoking ban. These costs
cannot be easily quantified. If compliance becomes an issue, staff will return to the
City Council with options on additional enforcement and public outreach to
encourage compliance with the smoking ban ordinance, along with associated
costs.
ATTACHMENTS:
1. Proposed Ordinance
2. July 28, 2008 Staff Report and Attachments City of Culver City, California
City Council Agenda Item Report
MOTIONS:
That the City Council:
1. Introduce an Ordinance 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 9.11 to be consistent with state
law;
OR
2. Provide further direction to staff.
30
ORDINANCE NO. 2008-
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 9.11 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.|101010101010101010 10
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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.|101010101010101010 10
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§ 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.
c cola of
"
whieh-the-servi-ng-of-food-i-s4hei
e-h-sumption-e-f-s u eh-beverages:
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 not 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. 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,
t •
-ating ar as, 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
as a • ta 41. a.
w • •
hotels,
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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
shall 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.
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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 the way to another
destination. Outdoor Bars 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
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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.
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
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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.
E. 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
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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.
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
invalid 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
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.|101010101010101010 10
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APPROVED AND ADOPTED this day of , 2008.
D. SCOTT MALSIN, Mayor
City of Culver City, California
ATTEST:
APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
-9-
30ORDINANCE NO. 2008-
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 9.11 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.|101010101010101010 10
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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 not 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. 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
shall not include the City Hall Courtyard, Town Plaza, any paved public
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28sidewalk 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 the way to another
destination. Outdoor Bar Patios are exempted from the provisions of this
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28Section, 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.
B. Tobacco Waste. The disposal of any Tobacco Product or
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28Tobacco 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.
E. Signs required by this Chapter are exempt from the sign
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28requirements 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.
E. Any violation of this Chapter is hereby declared to be a
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28public 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
invalid 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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28adopted 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 day of .2008.
D. SCOTT MALSIN, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
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