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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Adoption of an Ordinance Concerning Prohibited Smoking; and Amending Sections 6.225, 6.230, 6.235, 6.240 and 6.990 of the Eugene Code, 1971 Meeting Date: February 28, 2005 Agenda Item Number: 2C 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. Privately owned buildings would not be affected by this change. BACKGROUND The City Council on January 24 held a public hearing on proposed changes to the Tobacco Products and Smoking Ordinance. The Eugene Code restricts youth access to tobacco products and seeks to protect patrons and employees from tobacco smoke in public buildings and private buildings used by the public. The original ordinance was adopted by the council in 2000, with administrative rules regarding outdoor smoking areas adopted by the City Manager in 2001 and 2002. City of Eugene regulations prohibit smoking within 10 feet of most public building entrances, while allowing for a designated smoking entrance. The proposed ordinance change would prohibit smoking within 25 feet of entrances, outdoor air intakes and operable windows of City-owned buildings and eliminate the designated smoking entrance. The proposed ordinance also includes language addressing private establishments in City-owned buildings with existing outdoor smoking areas, specifically two businesses serving alcohol in space leased on the ground floor of City-owned parking garages. Other public agencies could elect to adopt the 25-foot standard or retain the existing 1 O-foot restriction. The other change staff proposed in January was including a standard that defines the minimum ratio of openness to enclosure required for an outdoor smoking area, such as the smoking decks permitted at Eugene bars and taverns. This standard currently is in the administrative rule, rather than in the code with other smoking restrictions, and is not referenced in the code. Based on questions and concerns identified by the City Council at the January 24 hearing, staff has withdrawn this proposal from the proposed code revisions. However, the standard remains in the administrative rule. As with other nuisance and zoning regulations, City staff primarily responds to complaints in enforcing non-smoking provisions of the Eugene Code and administrative rule - both to avoid selective enforcement and to establish grounds for the alleged violation. Where civil penalties have been appealed to the Hearings Official, the City has been upheld when evidence, including written or oral testimony, is available. However, the City would not require that an employee forego confidentiality when filing a complaint about a noncompliant outdoor smoking area, as this can be field-verified by staff. L:\CMO\2005 Council Agendas\M050228\S0502282C.doc