Item 4 - PH on Smoking Ordin. - Laserfiche WebLink

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ATTACHMENT D ADMINISTRATIVE ORDER NO. 21-01-10-F of the City Manager of the City of Eugene AMENDMENT AND ADOPTION OF SMOKING PROHIBITED TEMPORARY ADMINISTRATIVE RULE R- 6.230 AS A PERMANENT RULE, AND REPEAL OF ADMINISTRATIVE ORDER NO. 21-01-03. The City Manager of the City of Eugene finds that: A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules £or implementation of any provisions of that Code. Sections 6.225 through 6.240 establish policies, prohibitions, and procedures related to smoking prohibited in public places and places of employment within the City. Those sections were added to, or amended the Eugene Code, 1971 by Ordinance Nos. 18721,20212, and 20215, and the current Code provisions have been in effect since December 13, 2000. B. Pursuant to that authority, Smoking Prohibited Temporary Administrative Rule R- 6.230 was adopted on July 25, 2001, by Administrative Order No. 21-01-03. C. On December 21, 2001, ! issued Administrative Order No. 21-01-10 proposing that the Temporary Rule be amended by deleting requirements relating to construction activity, amending the "Smoking Prohibited - Enclosed Area" section, and adding a new section defining the manner in which "enclosed area" and "solid wall" are to be interpreted for enforcement purposes, and adopting Temporary Rule R-6.230 as amended as a permanent rule. D. Notice of the proposed rule amendment and adoption was published in the Register- Guard, a newspaper of general circulation within the City, for five consecutive days, to-wit, on December 28, 29, 30 and 31, 2001, and January 1, 2002. The Notice was also made available to persons who had requested such notice, and provided that written comments would be received thereon for a period of 15 days from the first date of publication. No written comments were received within the time or in the manner provided in the Notice. However, during the comment period, staff recommended revisions to the second sentence of Rule R-6.230-A(b) to clarify the definition of an "enclosed area." I concur with the recommendation which has been incorporated herein. Now, therefore, based on the above findings, which are hereby adopted, and the findings in Administrative Order No. 21-01-10, and pursuant to the authority of Section 2.019 of the Eugene Code, 1971, Administrative Order No. 21-01-03 is repealed as of the effective date of this order, and Smoking Prohibited Temporary Administrative Rule R-6.230 is hereby amended and adopted as a permanent rule, to provide: Administrative Order - 1 C:\WIN DOWS\TEM P\01SmokingPermRule2ao,wpd