HomeMy WebLinkAboutORD-11-1328 (PROHBIT SMOKING IN OUTDOOR DINING-OTHER AREAS)1
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ORDINANCE NO. 11-1328
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING SECTIONS 8.40.010, 8.40.020 AND 8.40.040 OF THE
HERMOSA BEACH MUNICIPAL CODE TO PROHIBIT SMOKING IN
OUTDOOR DINING AND OTHER PUBLIC AREAS
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council of the City of Hermosa Beach, California, does hereby find and declare
I as follows:
A. Approximately 17.1 percent of adults, or 2,860 residents, in the City of Hermosa Beach are
I smokers.
B. Smoking causes death and disease and continues to be an urgent public health,
environmental and economic challenge, as evidenced by the following:
1. It is estimated that as a result of smoking, 586 residents are living with chronic
bronchitis and 166 residents are living with chronic obstructive pulmonary disease emphysema in
the City of Hermosa Beach;
2. Secondhand smoke causes heart disease, respiratory disease and lung cancer in
adults and a number of health problems in infants and children, including: severe asthma attacks;
respiratory infections; ear infections; and sudden infant death syndrome;
3. Cigarette filters are not biodegradable and the littering of cigarette butts is
compounded by a lack of bins, personal and portable ashtrays, community knowledge about the
impacts of cigarette butt littering, and consistent enforcement of existing laws;
4. Smoking also causes detrimental effects on the environment, including littering,
deforestation, chemical releases and diversion of valuable land resources; and
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5. The negative economic effects of smoking on food service employees include
absenteeism, productivity loss, higher cleaning and maintenance costs, and increased insurance
rates.
C. In June 2010, the Los Angeles County Department of Public Health released a health
report wherein the City of Hermosa Beach ranked in the worst quartile for smoking prevalence in
Los Angeles County. The report ranked the City 115 out of 127 communities (compared to the
smoking prevalence in 81 cities in the County of Los Angeles, 15 Council Districts in the City of
Los Angeles and 32 unincorporated communities in Los Angeles County). The report indicates
that smoking is the leading cause of death in the United States and exposure to second hand smoke
can be equally dangerous.
D. The City has taken a proactive approach on public health policies relating to tobacco use
by passing ordinances prohibiting smoking in all City -owned buildings, all City -owned vehicles
and at the beach.
E. The City Council finds that the prohibition of public smoking in outdoor dining areas and
open air spaces to further minimizes the risk of public exposure to secondhand smoke and
strengthens existing regulations to promote public health and improve quality of life in the City.
F. Many cities in Southern California have recently adopted ordinances prohibiting smoking
in outdoor dining areas and other public areas and have found that such ordinances are generally
self -enforcing. In other words, businesses and individuals will generally adhere to the new
regulations if the City conducts a public education and outreach program about the prohibition on
smoking in outdoor dining and other public areas.
SECTION 2. Section 8.40.010 of Title 8, Chapter 8.40 of the Hermosa Beach Municipal
Code is amended to read as follows:
8.40.010 Definitions.
The following words and phrases, whenever used in this Chapter, shall be construed as defined in
this section:
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A. The "beach" means that certain strip of land within the City laying between the westerly
line of the Strand and the line of the ordinary tide of the Pacific Ocean.
B. "Employee" means any person who is employed by any employer in consideration for
direct or indirect monetary wages or profit.
C. "Employer" means any person who employs the services of an individual person.
D. The "Greenbelt" refers to that certain strip of land between Valley Drive and Ardmore
Avenue, that is designated and as zoned restricted open space (O-S-1).
E. "Outdoor dining area" means any unenclosed 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 or beverages are served
whether or not for compensation. This includes, but is not limited to restaurants, hotels, bar
standing and seating areas, cafeterias, clubs, luncheonettes, taverns, cocktail lounges, sandwich
stands, soda fountains, cafes and coffee shops.
F. The "Pier" refers to the municipal pier located on westerly of Pier Avenue and extending
over the beach and the Pacific Ocean.
G. "Pier Plaza" refers to the area on Pier Avenue between Hermosa Avenue and the Strand.
H. "Public park" means a park owned and/or operated by the City.
I. "Public parking lots" means all City owned parking lot and garages, whether owned and
operated by public or private interests.
J. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe
weed, plant or other combustible substance in any manner or in any form.
K. The "Strand" refers to that certain strip of land used as a public walkway and lying
between the oceanfront lot line and a line twenty-six (26) feet west and parallel with said
oceanfront lot line.
SECTION 3. Section 8.40.020 of Title 8, Chapter 8.40 of the Hermosa Beach Municipal
Code is amended to read as follows:
8.40.020 Prohibition of smoking in public places.
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A. In addition to all places where smoking is prohibited under state or federal law, in which
case those laws apply, no person shall smoke in, and smoking areas shall not be established or
designated in all of the following areas:
1. Outdoor dining areas;
2. The beach;
3. The Strand;
4. The Pier;
5. Pier Plaza;
6. All city -owned vehicles;
7. All public parks and the Greenbelt; and
8. All public parking lots.
9. Within five feet of the entrance, divider, opening or doorway to any outdoor dining
area where smoking is prohibited by this chapter, except while actively passing by on the way to
another destination.
B. No employer, owner, operator, manager, employee or other person having control of a
place of employment or a public place shall make ashtrays available in any area where smoking is
prohibited.
C. No employer, owner, operator, manager, employee or other person having control of an
outdoor dining area shall place matchbooks on tables or otherwise make matchbooks or matches
available to patrons; provided, however, that upon request a promotional matchbook may be
provided to a patron only when departing the outdoor dining area.
D. No person shall dispose of smoking waste or place or maintain a receptacle for smoking
waste in an area where smoking is prohibited by this chapter or other law, or within a distance of
five feet from an area where smoking is prohibited.
E. No business owner, operator or manager shall knowingly or intentionally allow smoking in
an outdoor dining area that is under his, her or its control in a manner that violates this chapter.
This law does not require the physical ejection of any person from the business or the taking of
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steps to prevent smoking under circumstances that would involve a significant risk of physical
I harm.
SECTION 4. Section 8.40.040 of Title 8, Chapter 8.40 of the Hermosa Beach Municipal
Code is amended to read as follows:
1 8.04.040 Enforcement.
A. Chief of Police. Enforcement of this chapter shall be implemented by the Chief of Police.
B. Complaint. Any person who desires to register a complaint under this article may initiate
enforcement with the Chief of Police.
C. Duty to Inform. Employers, owners, operators, managers or employees of same shall be
required to orally inform persons violating this chapter of the provisions thereof. The duty to
inform such violator shall arise when such employer, owner, operator, manager or employee of the
same becomes aware of such violation.
D. Civil Action. Any aggrieved person may enforce the provisions of this chapter by means of
a civil action.
E. Injunction. Any person who commits, or proposes to commit, an act in violation of this
chapter may be enjoined therefrom by any court of competent jurisdiction. An action for
injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or
by any person or entity which will fairly and adequately represent the interests of the protected
class.
F. Costs and Fees. In any action brought to enforce the provisions of this chapter, the
prevailing party shall be awarded costs and reasonable attorneys' fees.
SECTION 5. In accordance with the California Environmental Quality Act, the City
Council finds that the adoption of this ordinance is exempt from CEQA pursuant to Sections
15308, and 15061(b)(3) of the CEQA Guidelines.
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SECTION 6. This ordinance shall take effect thirty days after the date of its passage and
shall be enforced commencing March 1, 2012, following a public education and outreach
campaign.
SECTION 7. The City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published as required by law.
PASSED, APPROVED and ADOPTED this 8th of November 2011 by the following vote:
AYES:
Duclos, DiVirgilio, Tucker, Mayor Fishman
NOES:
Bobko
ABSENT:
None
ABSTAIN:
None
PRESIDENT f the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST:
City Clerk
i
APPROVED AS TAD FORM:
C
11-1328
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 11-1328 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 8th of November 2011, and said
ordinance will be published in the Easy Reader newspaper on November 17, 2011.
The vote was as follows:
AYES: Bobko, DiVirgilio, Tucker, Mayor Fishman
NOES: Duclos
ABSENT: None
ABSTAIN: None
DATED: November 10, 2011
rty Clerk