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EUGENE CITY COUNCIL <br />AGENDA ITEM SUMMARY <br /> <br /> Action: An Ordinance Concerning Prohibiting Smoking in Public Structures; Adding <br /> Section 6.232 to the Eugene Code, 1971; Amending Section 6.990 of that Code; <br /> Establishing a Sunset Date; and Providing an Immediate Effective Date <br /> <br />Meeting Date: May 23, 2005 Agenda Item Number: 5 <br />Department: Planning and Development Staff Contact: Keli Osborn <br />www. cl. eugene, or. us Contact Telephone Number: 682-5288 <br /> <br />ISSUE STATEMENT <br />Action is scheduled on an ordinance proposing a moratorium on new outdoor smoking areas. A <br />moratorium would not halt construction of certain outdoor areas, if they conform to other applicable <br />requirements, but with a moratorium the City Council could ban smoking in such structures. This has <br />been requested as an interim measure while the council considers standards for outdoor smoking areas. <br /> <br />Please note: An immediate effective date is requested with this ordinance in order to minimize the <br />health risks associated with smoking in publicplaces and places of employment by prohibiting <br />smoking in places where smoking is not currently both permitted and occurring or where the City did <br />not authorize construction of such a structure prior to March 1, 2005. An immediate effective date <br />requires a 2/3 majority or 6 affirmative votes from the council to enact. Ordinances without an <br />immediate effective date do not take effect for 30 days. <br /> <br />BACKGROUND <br />On May 9, the council held a public hearing on the proposed moratorium. The draft ordinance has been <br />amended to include a "sunset provision" at the council's request. <br /> <br />RELATED CITY POLICIES <br />The City Council has adopted goals for sustainable community development and a healthy natural and <br />built environment. <br /> <br />COUNCIL OPTIONS <br />1. Adopt the ordinance as proposed. <br />2. Modify the ordinance with a different effective date or other changes. <br />3. Do not adopt the moratorium. The council retains the ability to adopt different standards for outdoor <br /> smoking areas and enact them retroactively, as occurred with prohibitions on indoor smoking. <br /> <br /> L:\CMO\2005 Council Agendas\M050523\S0505235.doc <br /> <br /> <br />