Item 4 - PH on Smoking Ordin. - Laserfiche WebLink

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COUNCIL OPTIONS 1. Adopt the proposed ordinance before the council. The council is scheduled to take action on February 14. Adopting the proposed ordinance would prohibit smoking within 25 feet of entrances, outdoor air intakes and operable windows of City- owned buildings within the Eugene city limits. It would provide other public agencies the option to extend smoke-free areas from 10 to 25 feet outside entrances, operable windows and intakes. The proposed ordinance also includes standards for outdoor smoking areas, such as smoking decks at bars, which now are allowed through administrative rule. The current ordinance prohibits smoking in an "enclosed area" open to the public and defines that term, but it does not clearly define when an area no longer is considered "enclosed." The administrative rule adopted in 2002 provides some guidance, but is not as clear as it could be. Language proposed for the ordinance would achieve the same outcome as the rule (minimum 25 percent opening in walls), but through clearer language. For public information and compliance purposes, it also is helpful to locate the provision with other applicable requirements in the code itself. On a separate matter, the proposed ordinance would restrict the ability of public agencies to establish designated smoking areas adjacent to entrances. The changes would aid indoor air quality by better controlling tobacco smoke's entry to buildings, and reduce contact with tobacco smoke for those entering, exiting and congregating near City building entrances. The ordinance would help the City meet LEED (green building) standards for existing buildings. New signs at City-owned buildings would be needed. The estimated cost for signage is $2,000. 2. Leave the ordinance as is. If the council prefers this option, no action is required. With this approach, the City and other public agencies would have greater difficulty meeting LEED (green building) standards for existing buildings. Tobacco smoke could more easily enter buildings. For information and compliance purposes, staff would continue to rely on the administrative rule to address outdoor smoking areas. 3. Direct staff to prepare different revisions to the ordinance. CITY MANAGER'S RECOMMENDATION The City Manager recommends that the council adopt Option 1, the proposed ordinance. SUGGESTED MOTION Move to set action for February 14, 2005, for adoption of the proposed ordinance revising Tobacco Products and Smoking regulations. L:\CMO\2005 Council Agendas\M050124\S0501244.doc