Note: Prior history: Prior code §§ 4921, 4922 and 4930 and Ord. No. 1525CC, adopted 5/22/90; Ord. No. 1459CCS, adopted 10/25/88; Ord. No. 1569CCS, adopted 2/26/91; Ord. No. 1588CCS, adopted 6/25/91; Ord. No. 1709CCS, adopted 11/9/93; Ord. No. 1715CCS, adopted 12/14/93; Ord. No. 1782CCS, adopted 11/29/94; Ord. No. 1786, adopted 1/24/95; and Ord. No. 2072CCS, adopted 4/8/03.
The following words and phrases, as used in this Chapter or in any other applicable law regulating smoking, shall have the following meanings:
Dining area.
A non-residential location where food or beverages are served by a business or routinely consumed by customers. This includes, but is not limited to, restaurant or bar seating areas and patios.
Electronic smoking device.
An electronic or battery-operated device that delivers vapor for inhalation. The term includes every variation and type of such devices including electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs or any other similar product.
Multi-unit common area.
Any indoor or outdoor area at a multi-unit residential property (which include rental properties and condominiums) that is accessible to and usable by the occupant of more than one unit, including, but not limited to, halls, walkways, lobbies, laundry rooms, common cooking areas, outdoor dining areas, patios, play areas, swimming pools, gardens, and parking lots. The term also includes all outdoor areas that are within twenty-five feet of any door, window or vent at a multi-unit residential property, including private-use balconies, porches, decks, and patios, and regardless of whether or not the included area is located on the same property.
Santa Monica Pier.
The Santa Monica Pier, consisting of both the Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately two thousand one hundred thirty-five feet into the Santa Monica Bay.
Service area.
A place where people use or wait for services provided by a private or government entity. This includes, but is not limited to, bus stops, ATM lines, information kiosks and theater lines.
Smoke or smoking.
The carrying or holding of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, electronic smoking device, or any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance.
(Added by Ord. No. 2122CCS § 1, adopted 4/27/04; amended by Ord. No. 2210CCS § 1, adopted 10/24/06; Ord. No. 3259CCS § 1, adopted 4/22/08; Ord. No. 2282CCS § 1, adopted 1/27/09; Ord. No. 2318CCS § 1, adopted 8/10/10; Ord. No. 2321CCS § 1, adopted 9/14/10; Ord. No. 2355CCS § 1, adopted 4/26/11; Ord. No. 2469CCS § 1, adopted 10/14/14)
(a) 
Smoking in Specific Locations. It is unlawful to smoke in the following places:
(1) 
Any elevator;
(2) 
Any public park;
(3) 
Any parklet;
(4) 
Any public beach;
(5) 
Anywhere on the Santa Monica Pier;
(6) 
Any outdoor service area;
(7) 
Inside any public building (as that term is defined in Government Code Section 7596);
(8) 
Any outdoor dining area;
(9) 
Within twenty feet of the entrance, exit or open window of any building open to the public;
(10) 
The Third Street Promenade;
(11) 
Any farmers' market;
(12) 
The property of any public library;
(13) 
Any hotel for which an occupancy permit is issued on or after February 9, 2012;
(14) 
Any "vaping lounge" or other business that sells electronic smoking devices; except that electronic smoking devices may be used at the two such businesses that were locally licensed as such lounges in Santa Monica as of June 24, 2014, provided there is appropriate ventilation so as not to interfere with neighboring occupants and provided no minors are allowed in the businesses;
(15) 
The common areas of any multi-unit housing facility, except designated smoking areas as provided in Section 4.44.040; violations of this subsection may not be used as grounds to terminate a tenancy; Code Enforcement shall be solely responsible for enforcement of this subsection for violations taking place inside multi-unit housing facilities; and
(16) 
On the sidewalk, alley, street, or other public right-of-way within thirty feet of any doorway or open window of a multi-unit housing building, except when not stationary and continuously moving through the area.
(b) 
Disposal of Smoking Waste. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this Chapter, except in a designated waste disposal container.
(c) 
Liability of Businesses. No business owner, operator or manager shall knowingly or intentionally allow smoking in an outdoor dining area that is under their control. This law does not require the physical ejection of any person from the business or the taking of steps to prevent smoking under circumstances that would involve a significant risk of physical harm.
(d) 
Posting of Signs. Every business that owns or controls an outdoor dining area covered under subsection (a)(8) shall post one or more prominent signs in conspicuous locations to apprise users of the prohibition of smoking in that outdoor dining area. Multiple signs must be provided as needed for larger areas to ensure that signs are readily visible to all users of the area.
(e) 
Enforcement and Penalties.
(1) 
Infraction. A violation of this Section is an infraction and shall be punished as follows: a written warning shall be issued for the first offense, then fines may be issued in the amounts of fifty dollars for the second offense occurring within one year of the first offense, one hundred dollars for the third offense occurring within one year of the second offense, and two hundred dollars for the fourth offense occurring within one year of the third offense.
(2) 
Administrative Citation. Any person violating any provision of this Section may be subject to administrative citation pursuant to Chapter 1.09 of this Code; however, for a violation of subsection (a)(15), a written warning shall be issued for the first offense, then administrative citations may be issued in the amounts of fifty dollars for the second offense occurring within one year of the first offense, one hundred dollars for the third offense occurring within one year of the second offense, and two hundred dollars for the fourth offense occurring within one year of the third offense. Also, in their sole discretion, Code Enforcement may require approved "No Smoking" signage to be posted in common areas of multi-unit housing facilities where violations have occurred.
(3) 
Nonexclusive Remedies and Penalties. 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 proscribing the act of littering. Nothing in this Section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(Added by Ord. No. 2122CCS § 1, adopted 4/27/04; amended by Ord. No. 2210CCS § 1, adopted 10/24/06; Ord. No. 2259CCS § 1, adopted 4/22/08; Ord. No. 2282CCS § 1, adopted 1/27/09; Ord. No. 2318CCS § 1, adopted 8/10/10; Ord. No. 2321CCS § 2, adopted 9/14/10; Ord. No. 2355CCS § 1, adopted 4/26/11; Ord. No. 2391CCS § 1, adopted 2/28/12; Ord. No. 2469CCS § 2, adopted 10/14/14; Ord. No. 2541CCS § 1, adopted 4/25/17; Ord. No. 2736CCS § 1, adopted 1/14/23)
(a) 
Purpose. The City Council finds cigarette smoking and other tobacco use by minors to be a continuing problem with grave public health consequences. Studies show that the vast majority of adult smokers began as teenagers, and that teenagers who begin using tobacco before the age of fifteen eventually have much higher cancer rates than non-tobacco using teenagers. In recognition of the Surgeon General's conclusion that nicotine is as addictive as cocaine or heroin, action is needed to curtail the easy access of minors to cigarettes and other tobacco products. The purpose of this Chapter is to implement a strict and enforceable system to prevent the illegal sale of cigarettes and other tobacco products to minors.
(b) 
Vending Machines. On or after May 1, 1991, no person shall sell or dispense cigarettes or other tobacco products by vending machine or any other device that automatically sells or dispenses tobacco products.
(c) 
Out of Package Sales Prohibited. It is unlawful to sell cigarettes out of the manufacturer's package or without required health warnings.
(Added by Ord. No. 2122CCS § 1, adopted 4/27/04; amended by Ord. No. 2210CCS § 1, adopted 10/24/06; Ord. No. 2259CCS § 1, adopted 4/22/08; Ord. No. 2282CCS § 1, adopted 1/27/09; Ord. No. 2318CCS § 1, adopted 8/10/10; Ord. No. 2355CCS § 1, adopted 4/26/11)
(a) 
Remedy. Any person who smokes in a multi-unit common area, or in a residential unit designated "Non-smoking" as described in subsection (c), is subject to an award of damages of not less than one hundred dollars which may be collected by any person in a civil action, including an action in small claims court. The minimum damages amount shall increase to two hundred dollars for the second violation within one year; and to five hundred dollars for the third and subsequent violations within one year.
(b) 
Notice Required. The landlord or homeowners' association of every multi-unit residential property shall provide notice of the remedy in subsection (a) to all affected occupants by posting and maintaining one or more prominent signs in conspicuous locations in each multi-unit common area to ensure that the signs are readily visible to all users of the area.
(c) 
Designation of Residential Units' Smoking Status.
(1) 
All units in multi-unit residential properties, including apartments and condominiums, shall be designated as either "Smoking" or "Non-smoking" pursuant to this subsection. The required procedure for this designation is as follows:
(A) 
Within sixty days after the effective date of the ordinance codified in this Section, the owner (defined as the landlord in the case of apartments and the homeowners' association in the case of condominiums) shall provide the occupant of each unit at the property with written notice asking the occupant to designate the unit as "Smoking" or "Non-smoking."
(B) 
Within ninety days of the effective date of the ordinance codified in this Section, the occupant of each such unit shall deliver to the owner the designation of the unit.
(C) 
Within one hundred twenty days of the effective date of the ordinance codified in this Section, the owner shall notify all units in writing of the designations for all units. Any occupant wishing to change or correct his or her unit's status may do so in writing to the owner within one hundred fifty days of the effective date of the ordinance codified in this Section.
(D) 
Within one hundred eighty days of the effective date of the ordinance codified in this Section, the owner shall deliver the final designation list for all units at the property: (i) to each unit; and (ii) to all non-occupying owners of condominium units. At the same time, the owner shall give each occupant an information sheet prepared by City staff containing: the requirements of the law (including the fact that a tenant cannot be evicted for violating this Chapter); contact information for further questions; and information about smoking cessation resources.
(E) 
For each undesignated unit, the owner shall request the occupant to designate the unit as either "Smoking" or "Non-smoking," each year following the initial designation.
(2) 
If an occupant fails to designate his or her unit's smoking status under the procedure described above, the unit shall be deemed undesignated for the remainder of that occupancy. Any unit designated "Smoking" or "Undesignated" can be changed to "Non-smoking" by the occupant at any time, through written notice to the owner.
(3) 
Every unit that becomes vacant after the effective date of the ordinance codified in this Section shall thereafter be designated "Non-smoking" regardless of its prior designation.
(4) 
Every unit in a new multi-unit residential property for which an occupancy permit is issued on or after the effective date of the ordinance codified in this Section shall be designated "Non-smoking."
(5) 
The owner shall maintain a current list of all units' smoking designations and shall update that list in the event of a unit changing status as described above.
(6) 
The owner shall provide a copy of the current list of all units' smoking designations and the information sheet described in subsection (c)(1)(D) of this Section: (A) to all new or prospective occupants of the property; and (B) to any person upon request.
(7) 
Each condominium unit designated "Non-smoking" under this Section shall be so recorded on the title to the unit by the owner of the unit.
(d) 
Limitations and Exceptions.
(1) 
Nothing in this Section may be used as grounds to terminate a tenancy. Nothing in this Section shall render smoking in multi-unit common areas or in a designated "Non-smoking" unit a violation of law pursuant to any rental housing agreement.
(2) 
No action may be brought pursuant to this Section unless the complaining party has first made a good faith attempt to resolve the situation informally, including written notice of this Section and a written request to cease smoking in the multi-unit common area at least thirty days before filing suit.
(3) 
The property owner, manager, or homeowners' association may designate a portion of a multi-unit common area where smoking is allowed. Any such designated area must:
(A) 
Be located at least twenty feet from any indoor area;
(B) 
Not include and must be at least twenty feet from play or recreation areas including, but not limited to, areas improved or designated for swimming or other sports;
(C) 
Be no more than twenty-five percent of the total outdoor area of the premises of the property;
(D) 
Have a clearly marked perimeter;
(E) 
Be identified by conspicuous signs; and
(F) 
Not overlap with any area in which smoking is otherwise prohibited by this Chapter or other law.
(4) 
The prohibition and remedy for smoking in designated non-smoking units shall not apply to temporary and special needs housing facilities for people with disabling conditions, including addiction to substances.
(5) 
For multi-unit properties in which smoking is already prohibited in all units, each unit shall be deemed designated "Non-smoking" under this Section without the designation procedures described above.
(e) 
Nonexclusive Remedies and Penalties. Nothing in this Section shall preclude any person from pursuing any other remedies, penalties or procedures provided by law. Nothing in this Section limits the ability of property owners to restrict smoking in residential units as otherwise allowed by law.
(Added by Ord. No. 2282CCS § 1, adopted 1/27/09; amended by Ord. No. 2318CCS § 1, adopted 8/10/10; Ord. No. 2355CCS § 1, adopted 4/26/11; Ord. No. 2410CCS § 1, adopted 10/23/12)