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Tempe, Arizona, allows designated smoking areas that are outside of any enclosed public place and <br />removed from building entrances and exits. These must be situated to allow nonsmoking individuals to <br />conduct normal activity in a smoke-free environment. <br /> <br />The State of Massachusetts, through its indoor clean air act, allows smoking in an outdoor space, <br />defining it as an outdoor area open to the air at all times without enclosure by walls or side coverings. <br />An outdoor space is considered to be enclosed, and subject to the smoking ban, when walls and covers <br />(regardless of materials) are in place. <br /> <br />The first question for the City Council may be whether or not to allow outdoor smoking areas. If the <br />council wishes to provide for these with revised standards, it would be helpful to address: 1) where <br />outdoor smoking areas may be located; 2) allowed degree of enclosure, if any, including coverings and <br />screens; and, 3) effective date, including whether new standards would be applied to existing and <br />proposed outdoor smoking areas. <br /> <br />RELATED CITY POLICIES <br />The City Council had adopted goals for sustainable community development and a healthy natural and <br />built environment. <br /> <br />COUNCIL OPTIONS <br />1. Direct the City Manager to prepare an ordinance for a public hearing on revised standards for <br /> outdoor smoking areas. <br />2. Direct the City Manager to consider revisions to the existing administrative rule for outdoor smoking <br /> area standards. <br />3. Let current code and administrative rule provisions continue to guide City policy for outdoor <br /> smoking areas. <br /> <br />CITY MANAGER'S RECOMMENDATION <br />The City Manager recommends Option 1 as stated above. <br /> <br />SUGGESTED MOTION <br />Move to direct the City Manager to prepare an ordinance on standards for outdoor smoking areas and to <br />schedule a public hearing on the ordinance before October 1, 2005. <br /> <br />ATTACHMENTS <br />A. Eugene Code sections 6.225-6.240, Tobacco Products and Smoking <br />B. Administrative Rule R-6.230, Smoking Prohibited <br /> <br />FOR MORE INFORMATION <br />Staff Contact: Keli Osborn <br />Telephone: 682-5288 <br />Staff E-Mail: keli.m.osborn~ci.eugene.or.us <br /> <br /> L:\CMO\2005 Council Agendas\M050523\S050523B.doc <br /> <br /> <br />