City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 10.D
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Modifying Santa Monica Municipal Code Section 4.44.020 to Enhance Enforcement of Prohibitions of Smoking in Multi-Unit Common Areas and Near Multi-Unit Residential Buildings
Recommended Action
Staff recommends that the City Council introduce for first reading the proposed Ordinance to the City’s Smoking Ordinance, Section 4.44.020(a) of the Santa Monica Municipal Code (“SMMC”), to prohibit smoking in multi-unit residential common areas, and the public right-of-way areas around multi-unit residential buildings.
Summary
The proposed Ordinance would enhance the enforcement tools and remedies available for smoking violations in and around multi-unit residential buildings, where smoke can cause a nuisance in common areas or smoking may enter a dwelling. The City’s Smoking Ordinance has a list of specific locations where smoking is unlawful. SMMC §
4.44.020(a). The proposed Ordinance would add the common areas, except designated smoking areas, of any multi-unit residential building, and public right-of-way areas (sidewalk, street, and other public-right-of way) within 20 feet of any doorway or open window of a multi-unit residential building, to the list. It is expressly provided that violations of smoking in common areas cannot be used as grounds to terminate a tenancy.
Background
Currently the City’s Smoking Ordinance prohibits smoking in multi-unit residential 2 of 3
properties, including their common areas. SMMC § 4.44.040(a). However, the remedy for a violation is limited to a person bringing a civil action against the violator, including an action in small claims court, subject to an award of damages of not less than $100 (minimum damages amounts increases to $200 for the second violation, and $500 for the third or subsequent violations within a year). City staff is not authorized to enforce violations of smoking laws in multi-unit residential buildings.
In contrast, a violation for smoking at a place prohibited under the “specific locations” designation (SMMC § 4.44.020(a)), is enforced directly by the City. This section is enforced by the City’s code enforcement or police personnel, who are authorized to issue: (1) ticket for an infraction (fine of $100 for first violation; $200 for second violation; and $500 for third and subsequent violations within a year); or (2) administrative citation (fine of $500).
The City has received complaints from residents in multi-unit residential buildings indicating they are reluctant to file a lawsuit against their neighbors and asking the City to intervene with direct enforcement action against those who violate the City’s smoking laws in multi-unit residential properties.
Section 4.44.040 (Smoking in multi-unit residential properties) provides tenants protection from eviction based on a violation of this Section: “Nothing in this Section may be used as grounds to terminate a tenancy.” SMMC § 4.44.040(d)(1). The Ordinance would provide that tenant eviction protection for violations of smoking in the common areas of a multi-unit residential building under Section 4.44.020 (Smoking in specific locations), consistent with the eviction protection provided in Section 4.44.040 (Smoking in multi-unit residential properties).
Discussion
The proposed Ordinance, by adding the common areas and the public right-of-way areas near, multi-unit residential buildings, to the list of “specific locations” where smoking is unlawful, enhances the smoking protections for tenants in multi-unit residential properties. The Ordinance would allow these smoking violations that impact 3 of 3
tenants in their homes, to be enforced directly by the City and subject to higher fines.
Tenants who suffer from prohibited smoking in and around their housing units may also sue the violator with a civil action, as provided for in SMMC section 4.44.040(a).
Fiscal Impact
There is no immediate financial impact or budget action necessary as a result of the recommended action. However, there could be significant resources required for enforcement. Enforcement will be done by existing staff and within existing approved budget.
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:
A. ORD smoking multiunit