The Santa Monica City Council last night approved on first reading several changes to the city’s anti-smoking ordinance. Also, for the first time, the Council requested regulation of outdoor smoking at multi-unit apartment properties.

The Council voted 7-0 to strengthen the city’s outdoor smoking law by making business owners liable who “knowingly or intentionally” allow patrons to smoke in outdoor dining areas. Previously, only the smoker could be cited. The law also will require businesses to post prominent no-smoking signs at all outdoor dining areas. These changes were recommended since many local businesses are still allowing customers to smoke at outdoor dining areas, exposing other patrons and workers to second-hand smoke.

The Council voted to make two other changes to the existing ordinance:

• The base fine for violations of the ordinance will be lowered from $250 to $100. After mandatory court penalties are added, the total fines will now be $380 (previously they were $920).

• Smoking will be prohibited on all public library grounds.

On April 22 the final version of the ordinance will go before the City Council for second reading. If approved, the ordinance would become effective 90 days later – on July 21, 2008.

Ordinances usually become effective 30 days after adoption, but Council elected to delay the effective date of the smoking ordinance until late July to coincide with the roll-out of the city’s upcoming public outreach and education campaign. City staff will choose the marketing firm for that job on April 15.

At the April 8 meeting, a number of local apartment dwellers testified about the dire effects on them from second-hand smoke in their apartments. In response, the City Council also directed the City Attorney’s Office to prepare an ordinance for first reading that would do two things:

• Prohibit smoking at all common areas of multi-unit residential properties while allowing designated smoking areas;

• Establish a tobacco retailer-licensing law for Santa Monica to help assure that minors are not sold cigarettes.

Finally, Council directed the City Attorney’s Office to conduct public meetings and workshops to consider various options and impacts of further possible regulation of smoking at multi-unit residential properties. 

No dates have yet been set for the first reading of the new ordinance or the public meetings on residential smoking.