Item A: Outdoor Smoking Ordinance

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The City Council in February 2005 adopted a green building standard for smoking near openings to publicly owned buildings, setting the “no-smoking buffer” at 25 feet from building openings. Following consideration of public testimony and extensive discussion during 2005, the Mayor and council asked that the City Manager revise the administrative rule for outdoor smoking areas. The new standards were adopted in late December 2005 and required that all establishments achieve compliance by December 31, 2006. The changes reversed the old rule by setting a 75/25 standard by which 75 percent of the sides or walls must be open to the outside air. This revised standard also restricts the use of fencing and other siding – whether for decorative or security purposes. Oregon law The 2007 Oregon Legislature adopted bills that broaden the definition of places of employment to include bars, taverns, restaurant areas posted as off-limits to minors, bowling centers, and bingo parlors. These provisions become effective January 1, 2009, which will result in greater consistency across the state. The bills and existing statutes do not appear to prohibit the establishment of outdoor smoking areas, as allowed by Eugene’s regulations, because these do not meet the State threshold for an enclosed area. However, staff anticipates clarification on implementation of the new regulations as the January 2009 date draws near and State administrative rules are developed. Local enforcement The City, through the Land Use Management team in the Planning & Development Department, is lead for administering local smoking regulations. The availability of Lane County Public Health staff for proactive enforcement has been affected by funding reductions, though the Tobacco Free Lane County Coalition periodically conducts compliance checks of local establishments and files complaints with the City. City staff responds to complaints about prohibited smoking, providing written notices and levying fines as warranted. Staff has followed up on 41 complaints in calendar years 2004-2007, with 27 of those relating to outdoor smoking areas. Feedback about City of Eugene efforts The Oregon Air Monitoring Project, conducted by the American Cancer Society in 2006, tested indoor air quality in bars and restaurants of 12 Oregon cities. It found that Eugene had the second-lowest level of air pollution measured. Corvallis ranked lowest. The healthy indoor air quality was the result of the smoke-free environment established with Eugene’s adoption of regulations in 2000, according to Lane County Public Health officials. Some tavern and bar owners have indicated that local standards challenge their ability to secure furnishings and equipment in outdoor smoking areas, because Eugene’s rule prohibits more than one side/wall for a roofed area. This particular standard prevents the use of screens and fencing, as well. For some establishments, the openness of their outdoor smoking areas also may hamper their ability to meet Oregon Liquor Control Commission guidelines for limiting access to minors. For some bars and taverns, an outdoor smoking area is considered essential for patron satisfaction and the business’s financial viability. But there have been reported side-effects at some locations. These have included litter, drifting smoke and noise. The impacts may be more noticeable where businesses are located near residences. F:\CMO\2008 Council Agendas\M080227\S080227A.doc