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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Concerning Prohibited Smoking; and Amending Sections 6.225, 6.230, 6.235, and 6.240 of the Eugene Code, 1971 Meeting Date: January 24, 2005 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Keli Osborn www. cl. eugene, or. us Contact Telephone Number: 682-5288 ISSUE STATEMENT To support "green building" standards for indoor air quality, staff is asking the City Council to expand the restriction on smoking near entrances, outdoor air intakes and operable windows of City-owned buildings from the current 10 feet to 25 feet. This change in the Eugene Code would further prevent and minimize exposure to tobacco smoke in City buildings. Privately owned buildings would not be affected by the change. Other public agencies would have the option to apply or not apply the increased setbacks to buildings they own. In addition, staff recommends ordinance language to clarify provisions for outdoor smoking areas. BACKGROUND The proposed code changes are meant to strengthen the Tobacco Products and Smoking Ordinance adopted by the council in November 2000, largely by pushing smoking areas further from public building entrances. The Eugene Code restricts youth access to tobacco products and seeks to improve indoor air quality for employees and patrons in publicly owned buildings and private buildings used by the public. Ordinance adoption in 2000 followed testimony at public forums by Tobacco-Free Lane County and others representing differing views and interests related to tobacco smoking and sales, significant discussion by the City Council and in the community over several months, and a public hearing. Similar ordinances already were in effect in Corvallis and Multnomah County, and smoking restrictions since have been adopted at the state level. More than 1,700 U.S. municipalities have local clean indoor air laws. Some communities are beginning to adopt restrictions on smoking in public parks, on beaches and in similar venues. The American Nonsmokers' Rights Foundation estimates that more than 270 counties, cities and states restrict smoking near building entrances in some manner (October 7, 2004, figures). Following City Council adoption of the ordinance in 2000, administrative rules were adopted, first by emergency order in 2001, and later in January 2002 through a regular process that included public notice. The rule addresses outdoor smoking areas, such as smoking decks at bars, which are not covered in existing code language. It allows for outdoor areas that are partially enclosed and sets a minimum standard for openness to outside air circulation. Staff is unaware of scientific or medical data supporting specific percentages of enclosure versus openness. However, Eugene's rule provides guidance on what L:\CMO\2005 Council Agendas\M050124\S0501244.doc