Skiracer
12-05-2006, 07:19 AM
On October 24, 2006, the Santa Monica City Council adopted an ordinance that expands the outdoor areas in the city that are smoke-free. (SMMC §4.44.020(a).) The ordinance went into effect on Thanksgiving Day, November 23, 2006.
There is no smoking within 20 feet of any entrance, exit or open window to a public building. In addition, there is no smoking in waiting areas such as bus stops, ATMs, kiosks, etc.
The following information can be found on the City of Santa Monica website:
www.santa-monica.org
Where is outdoor smoking prohibited
• Public parks
• Public beaches
• Santa Monica Pier (except designated areas)
• Outdoor dining and bar areas
• Within 20 feet of any entrance, exit or open window to a public building
• Third Street Promenade
• Waiting areas (bus stops, ATMs, kiosks, movie lines, etc.)
• Farmers Markets
How will the law be enforced?
The primary means of enforcement will be education, awareness, and voluntary compliance. If necessary, and if a smoker refuses a request to stop smoking in a prohibited location, police officers may also give citations.
What is the penalty for violations?
$250.
Can businesses be cited under the new law?
No. Unlike the statewide indoor workplace law, Santa Monica’s law does not create liability for businesses. Business owners are expected to request that their customers follow the law – as with similar laws for indoor smoking, fighting, and disturbing the peace. However, the ordinance does not place any legal requirements on businesses.
Is all of downtown Santa Monica smoke-free?
No. As long as a smoker is more than 20 feet from an entrance, exit or open window of the nearest building, smoking is still allowed. In locations where that is not possible – where businesses are packed more closely together – smoking is not allowed.
For the 20-foot rule, what does “public building” mean?
Any building that is open to the public. This includes all businesses, stores, offices, schools – basically every indoor place except private residences. (Santa Monica College has a 25-foot rule.)
How do I know how far 20 feet is?
Twenty feet is about 8 to 10 average paces.
Is there an exemption for smokers who are just passing through?
No. Anyone smoking within 20 feet of a public building entrance, exit or open window (or in one of the other locations) is violating the law even if they are moving.
Are there going to be designated smoking areas on the Third Street Promenade?
No. All of Third Street from Broadway to Wilshire is included. However, on every cross street off the Promenade, there are places that are more than 20 feet from the nearest business entrance or
window, where smoking is allowed.
Do other cities have smoke-free outdoor policies?
Yes. In dozens of other cities in California and around the world, smoke-free outdoor areas
have become increasingly common as more research has confirmed the serious health risks of secondhand smoke.
If I’m a smoker, doesn’t this infringe on my rights?
There is no legal right to smoke. This is a public health law based on the scientific evidence
of the dangers of second-hand smoke to non-smokers – even in brief exposures.
Secondhand Smoke Facts
Secondhand smoke contains numerous chemicals, including ammonia, arsenic,
benzene, carbon monoxide, formaldehyde, hydrogen cyanide, and Nitrous
Oxide Phenols. It been classified as a “toxic air contaminant” by the
California Air Resources Board. The U.S. Surgeon General has
determined that there is no safe exposure level to secondhand smoke.
Each year in California, secondhand smoke causes:
• 400 lung cancer deaths
• 3,600 cardiac deaths
• 31,000 episodes of children’s asthma
• 21 cases of Sudden Infant Death Syndrome (SIDS)
• 1,600 cases of low birth rates in newborns
• 4,700 premature births
For more information:
City Attorney’s Office (310-458-8336)
www.freshairsantamonica.org
www.cancer.gov/cancertopics/factsheet/tobacco/ets (about secondhand smoke)
www.californiasmokershelpline.org/ (help quitting)
There is no smoking within 20 feet of any entrance, exit or open window to a public building. In addition, there is no smoking in waiting areas such as bus stops, ATMs, kiosks, etc.
The following information can be found on the City of Santa Monica website:
www.santa-monica.org
Where is outdoor smoking prohibited
• Public parks
• Public beaches
• Santa Monica Pier (except designated areas)
• Outdoor dining and bar areas
• Within 20 feet of any entrance, exit or open window to a public building
• Third Street Promenade
• Waiting areas (bus stops, ATMs, kiosks, movie lines, etc.)
• Farmers Markets
How will the law be enforced?
The primary means of enforcement will be education, awareness, and voluntary compliance. If necessary, and if a smoker refuses a request to stop smoking in a prohibited location, police officers may also give citations.
What is the penalty for violations?
$250.
Can businesses be cited under the new law?
No. Unlike the statewide indoor workplace law, Santa Monica’s law does not create liability for businesses. Business owners are expected to request that their customers follow the law – as with similar laws for indoor smoking, fighting, and disturbing the peace. However, the ordinance does not place any legal requirements on businesses.
Is all of downtown Santa Monica smoke-free?
No. As long as a smoker is more than 20 feet from an entrance, exit or open window of the nearest building, smoking is still allowed. In locations where that is not possible – where businesses are packed more closely together – smoking is not allowed.
For the 20-foot rule, what does “public building” mean?
Any building that is open to the public. This includes all businesses, stores, offices, schools – basically every indoor place except private residences. (Santa Monica College has a 25-foot rule.)
How do I know how far 20 feet is?
Twenty feet is about 8 to 10 average paces.
Is there an exemption for smokers who are just passing through?
No. Anyone smoking within 20 feet of a public building entrance, exit or open window (or in one of the other locations) is violating the law even if they are moving.
Are there going to be designated smoking areas on the Third Street Promenade?
No. All of Third Street from Broadway to Wilshire is included. However, on every cross street off the Promenade, there are places that are more than 20 feet from the nearest business entrance or
window, where smoking is allowed.
Do other cities have smoke-free outdoor policies?
Yes. In dozens of other cities in California and around the world, smoke-free outdoor areas
have become increasingly common as more research has confirmed the serious health risks of secondhand smoke.
If I’m a smoker, doesn’t this infringe on my rights?
There is no legal right to smoke. This is a public health law based on the scientific evidence
of the dangers of second-hand smoke to non-smokers – even in brief exposures.
Secondhand Smoke Facts
Secondhand smoke contains numerous chemicals, including ammonia, arsenic,
benzene, carbon monoxide, formaldehyde, hydrogen cyanide, and Nitrous
Oxide Phenols. It been classified as a “toxic air contaminant” by the
California Air Resources Board. The U.S. Surgeon General has
determined that there is no safe exposure level to secondhand smoke.
Each year in California, secondhand smoke causes:
• 400 lung cancer deaths
• 3,600 cardiac deaths
• 31,000 episodes of children’s asthma
• 21 cases of Sudden Infant Death Syndrome (SIDS)
• 1,600 cases of low birth rates in newborns
• 4,700 premature births
For more information:
City Attorney’s Office (310-458-8336)
www.freshairsantamonica.org
www.cancer.gov/cancertopics/factsheet/tobacco/ets (about secondhand smoke)
www.californiasmokershelpline.org/ (help quitting)