Carmel Beach: "NO SMOKING ON BEACH OR PATHWAY"

"NO SMOKING ON BEACH OR PATHWAY" Sign Posted with other Signs
Carmel Beach, Scenic Rd. near 8th Av.

Close-Up of 1 of 16 "NO SMOKING ON BEACH OR PATHWAY" Signs at Carmel Beach

Earlier this week, the City of Carmel-by-the-Sea posted approximately 16 “No Smoking” signs along Carmel Beach between Del Mar Av. & Martin Way. Some of the signs are posted with pre-existing signs (as shown above), some signs are posted under Mutt Mitt dispensers and some signs are posted on the wooden stairways to the beach, about midway down the stairways. Carmel-by-the-Sea is now one city among at least 25 other California cities with “smoke free” beaches.

Selected excerpts from the Municipal Code, as follows:

Chapter 8.36
SMOKING REGULATIONS FOR PUBLIC PLACES*

Sections:
8.36.010 Definitions.
8.36.020 Smoking Prohibited in Certain Public Places.
8.36.030 Posting of Signs.
8.36.040 Violation – Penalty.
* For statutory provisions on smoking in public places, see Health and Safety Code § 25940 et seq.

8.36.010 Definitions.
The terms “smoke” or “smoking” are defined for the purposes of this chapter to include the carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind, or the lighting of any pipe, cigar or cigarette. (Ord. 76-1 § 1, 1976; Code 1975 § 699.2).

8.36.020 Smoking Prohibited in Certain Public Places.
Smoking shall be prohibited in the following places within the City:
F. Smoking is prohibited and is unlawful within the boundaries of Carmel Beach, on the Beach Bluff Pathway and within any public beach access way including but not limited to stairways and walkways adjoining public beach areas. Carmel Beach is defined as public lands: west and south of private property along Carmel Way; west of private property on the west side of San Antonio Avenue between 2nd Avenue and Ocean Avenue; west of San Antonio Avenue between 4th Avenue and Ocean Avenue; north of Ocean Avenue between San Antonio Avenue and Del Mar Avenue; west of Del Mar Avenue; west of private property on the west side of Scenic Road between Ocean Avenue and 8th Avenue; and west of the Scenic Road pedestrian pathway between 8th Avenue and the City limit. (Ord. 2005-05 § 1, 2005; Ord. 76-1 § 1, 1976; Code 1975 § 699.3).

8.36.030 Posting of Signs.
Signs which designate smoking or no-smoking areas established by this section shall be clearly, sufficiently and conspicuously placed or posted in every room, building or other place treated by this section at the expense of the building owner or tenant. The manner of such posting, including the wording, size, color, design and place of posting shall be at the discretion of the owner, operator, manager, or other person having control of such room, building or other place; provided, the sign regulations of CMC Title 17 are not violated. (Ord. 76-1 § 1, 1976; Code 1975 § 699.4).

8.36.040 Violation – Penalty.
Any person who shall violate the provisions of this section shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not to exceed $25.00 for each such violation. (Ord. 76-1 § 1, 1976; Code 1975 § 699.5).


As a review, the City Council considered an Ordinance amending Title 8, Chapter 8.36.020 in late 2005; the Agenda Item Summary, Staff Report and City Council Meeting Minutes, as follows:

Meeting Date: November 1, 2005
Prepared by: Mike Branson
City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending Title 8, Chapter 8.36.020 of the Municipal Code to prohibit smoking on Carmel Beach and the Beach Bluff Pathway. (Second reading- Ordinance Amended)

Description: Adoption of the amended ordinance to prohibit smoking on Carmel Beach and the Beach Bluff Pathway will provide a safer, cleaner, and healthier environment for tourists, residents, pets and wildlife that visit Carmel Beach. Cigarette and cigar butts are a very common type of litter on the Beach and are slow to decompose into their natural components. Wildlife, pets and small children can ingest discarded butts, which may cause health problems. Second-hand smoke is also a potential health issue and a nuisance to non-smoking beach visitors.

Overall Cost:
City Funds: $500
Grant Funds: Possible from Monterey County Tobacco Program.

Staff time: 3hrs

Staff Recommendation:
Adopt the Ordinance amending Title 8, Chapter 8.36.020 of the Municipal Code to prohibit smoking on Carmel Beach and the Beach Bluff Pathway.

Important Considerations:
Several other California coastal cities have adopted ordinances to prohibit smoking along their beach areas. State legislation to ban smoking on California beaches has failed to pass over the past few years.

Decision Record:
First Reading of Ordinance amended and approved by Council at the October 4, 2005 City Council Meeting.

Reviewed By:
______________________________ ________________

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
PUBLIC WORKS DEPARTMENT
FORESTRY DIVISION
STAFF REPORT

TO: MAYOR McCLOUD AND COUNCIL MEMBERS

FROM: MIKE BRANSON, CITY FORESTER

DATE: 19 OCTOBER 2005

SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMMENDING TITLE 8, CHAPTER 8.36.020, OF THE MUNICIPAL CODE REGARDING SMOKING PROHIBITION ON CARMEL BEACH AND THE BEACH BLUFF PATHWAY.

RECOMMENDED ACTION
Approve an Ordinance amending Title 8, Chapter 8.36.020 of the Municipal Code to prohibit smoking on Carmel Beach and the Beach Bluff Pathway.

BACKGROUND
Michelle House from the Monterey County Health Department made a presentation to the City Council at the July 2005 meeting. At that meeting, she described many of the detrimental effects of smoking, as well as those of second-hand smoke and the resulting litter. The impacts on the beach and ocean environments as well as the on public health were also noted. As such, Staff has been directed to develop an ordinance to prohibit smoking on Carmel Beach and the Beach Bluff Pathway for adoption by the City Council.

REVIEW
In the last few years, several California cities have adopted ordinances banning smoking on their beaches in the interest of providing a cleaner and safer environment for their beach users and local wildlife. These cities include Santa Cruz, Santa Monica, Los Angeles, Carpenteria, Malibu, Solana Beach, and San Clemente. The primary reasons for the ban on smoking are: the litter from cigarette butts, the effects on the beach and ocean environment, and potential health risks to young children, pets and wildlife.

Cigarette and cigar butts have a long period of decomposition when discarded on the beach, often taking over a year to break down. Last year during the coastal cleanup day on Carmel Beach, over 2,700 cigarette and cigar butts were collected. Volunteers
for the monthly Carmel Residents Association Beach Cleanup also collect many cigarette and cigar butts during their activities. Pets and wildlife can mistakenly ingest a butt, which can disrupt their digestive system and affect the animal's health. Children playing in the sand can play with or ingest cigarette or cigar butts, causing potential health problems. Second-hand smoke also has a determental effect on the health of persons in the vicinity of someone smoking as well as detracting from their enjoyment of the environment.

Education and peer pressure, rather than enforcement - although citations are possible - seems to be the preferred method of achieving compliance with the no smoking ordinances. New sings will be necessary to make the public aware of the new ordingance and to provide authority for citations to be issued, if necessary. Additionally, any new signs along the beach will require at least a staff review and possibly a coastal development permit from the California Coastal Commission. Serveral failed efforts have been made to pass State legislation benning smoking on all California beaches, leading individual cities to take matters into their own hands.

FISCAL IMPACT
New ‘No Smoking’ signs will need to be posted. The cost of the new signs and installation is estimated to be under $500. The county tobacco awareness program may provide some support for the purchase of the signs.

SUMMARY
In the interests of providing a safe, clean and healthy beach environment for humans and wildlife, staff recommends adoption of an ordinance to prohibit smoking on Carmel Beach and the Beach Bluff Pathway.


MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
OCTOBER 4, 2005

XI. A. Consideration Of An Ordinance Amending Title 8, Chapter 8.36.020, Of The Municipal Code To Prohibit Smoking On Carmel Beach. (1st Reading)

Mike Branson, City Forester, presented the staff report. He noted that the Forest and Beach Commission had discussed the issue and were concerned about costs and issues of enforcement. Michelle House of the County of Monterey's Tobacco Control Program answered Council questions and said that the County would provide signs and receptacles to the City free-of-charge.

Mayor McCloud declared the public hearing open at 7:00 p.m.

Barbara Livingston, Clayton Anderson, Linda Anderson addressed the Council.

Mayor McCloud declared the public hearing closed at 7:07 p.m.

Mayor McCloud requested that the ordinance be amended as follows:

The Title of the Ordinance was MODIFIED to read:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING TITLE 8, CHAPTER 8.36.020, OF THE MUNICIPAL CODE TO PROHIBIT SMOKING ON CARMEL BEACH AND THE BEACH BLUFF PATHWAY.”

The First and Second Paragraphs were MODIFIED to read:

“WHEREAS, cigarette and cigar butts are the most common form of litter on California beaches, and

WHEREAS, cigarette and cigar butts are dangerous to young children, pets and wildlife who may ingest them or handle them while still hot and"

Section 8.36.020.F- Smoking Prohibited in Certain Public Places was MODIFIED to read:
“F. Smoking is prohibited and is unlawful within the boundaries of Carmel Beach, on the Beach Bluff Pathway and...”

Council Member ROSE moved adoption of the Ordinance Amending Title 8, Chapter 8.36.020, Of The Municipal Code To Prohibit Smoking On Carmel Beach as amended, seconded by Council Member HAZDIVAC and carried by the following roll call:

AYES: CUNNINGHAM, HAZDOVAC, ROSE, McCLOUD
NOES: BETHEL
ABSENT: NONE
ABSTAIN: NONE

NOTES: Solana Beach was the first California city to prohibit smoking at the beach in October 2003: ban effective as of November 2003.

According to the California Department of Health Services, Tobacco Control Section, as of June 2006, there were 25 California beaches prohibiting smoking.
(Source: http://www.dhs.ca.gov/tobacco/documents/pubs/CTCUpdate2006.pdf)

Some of California’s “smoke free” beaches, as follows:
Coronado
Chula Vista
Del Mar
El Cajon
Huntington Beach
Imperial Beach
La Mesa
Laguna Beach
Long Beach
Los Angeles
Malibu
Monterey
National City
Newport Beach
Pacific Grove
San Clemente
San Diego
Sand City
Santa Cruz
Santa Monica
Seal Beach
Solana Beach