Breathe easy, friends
Well, with all the regulations currently on the books, and a new law that goes into effect Nov. 23 that virtually bans the cancer-causing pastime in nearly every public place imaginable, tobacco enthusiasts can use this handy guide, and possibly a trusty tape measure, to avoid being cited by Santa Monica Police officers.
There’s really nothing to it. First off, just remember, if a cop approaches you, play dumb. Chances are all you will get is a warning considering City Hall is very aware of the negative effect $250 fines can have on tourists and other visitors to the city’s shopping districts.
Attorneys who drafted the law have said publicly that enforcement will rely heavily on education, with smokers being afforded a chance to snuff ‘em out before a ticket is issued.
“There have been a relatively small number of citations handed out, more just warnings giving the folks who aren’t around here, or may not know about the laws, a chance to put their cigarettes out,” said Adam Radinsky, a deputy city attorney with the consumer protection, fair housing and public rights unit, which drafted the latest smoking ban. “But if you have to be told more than once, and it is clear that you know, but are choosing to violate it, (police) will be giving citations.
Besides protecting the public from the deadly effects of second-hand smoke, now labeled a toxic air contaminant by the U.S. Surgeon General, the law was intended to make smoking so difficult and socially unacceptable that people will be forced to kick the habit. In time, supporters of the ban hope smoking will no longer be seen as cool so kids won’t get hooked.
If Proposition 86 passes,raising the tax on cigarettes to $2.60 per pack, smoking may become too expensive for many anyway.
SNUFF SAID But let’s not get ahead of ourselves. Until all that government mumbo-jumbo happens, here are a few tips to keep smokers out of trouble and breathing easy Before anyone can light up, they must know where they are still allowed to do so. Under current law, smoking is prohibited inside all public buildings, bars and restaurants, public parks, the beach, and portions of the Santa Monica Pier.
Once the ban goes into effect, smoking will no longer be allowed along the Third Street Promenade or at any of the Farmers’ Markets. Smoking will also be prohibited in all outdoor dining and services areas — bus stops, ATM lines, information kiosks, theater lines — and within 20 feet of any entrances or windows. “That’s crazy,” said Ryan McClain, a resident of Venice, who was drinking coffee and smoking a cigarette outside a Starbucks on Main Street — one of the areas that will pose the greatest challenge for smokers. “How are you going to really know you’re 20 feet from an entrance without actually measuring it? It sounds like a trap to ticket people.”
The safest bet for those smoking on Main Street, Montana Avenue or other heavily traveled corridors is to look for a nearby alley or side street where there are private homes with deep setbacks.
“The main way it7 will be enforced will not be by the police or park rangers, but by fellow residents reminding smokers of the law, maybe by pointing to a sign or letting (smokers) know about the rules we have here in Santa Monica,”
“Staff will be working very hard to get the word out. We want to make this transition to be as smooth as possible.” — Radinsky added
The alleys, in particular, are going to be key for smokers. With lighting up no longer allowed along the promenade and within 20 feet of entrances open to the public, smoking on the street in any business district is now almost impossible to do legally. Hitting the alley may prove a partaker’s best bet. Luckily, Santa Monica is full of them. Some may stink, however, one can smoke without worry.
While on the promenade, smokers should hit a side street and look for stores with large display windows. As long as they’re not open, spark up.
Parking garages are great places to quiet a nicotine fit, as is the Woodlawn Cemetery on Pico Boulevard, and a fountain on the corner of Olympic and Cloverfield boulevards near Ralphs and the Water Gardens — that is if one doesn’t mind sharing a smoke or two with a few down-and-out nicotine fiends.
“This is a great spot to just sit and have a cigarette,” said a man who would only identify himself as “Tim.” “You have the water fountain here that’s kind of relaxing, a lot of Palm trees providing shade. You can watch all the traffic go by.
“It’s pretty entertaining and no one seems to bother you.”
Olympic Boulevard and other streets home to the city’s old industrial corridor are still littered with large, warehouse-like buildings that have few entrances, giving a smoker space to puff without perturbation.
The same cannot be said for dense retail pockets on Montana Avenue and other commercial corridors. There, smokers have to be creative.
“I guess I’ll just jump in my car and smoke, that way I’ll be off the sidewalk and out of the way, not bothering anyone,” said Cynthia Slaughter, a 23-year-old who loves browsing the boutiques.
But be warned, window shopping itself could get you busted. Passing through a restricted area will no longer be allowed.
“It’s going to be tough,” Slaughter said. “I’m sure the first year people are going to be breaking the law all the time,but I think after a while it will just become second nature.
“And if it helps me quit, I guess that’s a good thing.”
Originally published in the Santa Monica Daily Press print edition on November 4, 2006. Read the original PDF.