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<br />ORDINANCE NO. 20346 <br /> <br />AN ORDINANCE CONCERNING PROHIBITING SMOKING <br />IN PUBLIC STRUCTURES; ADDING SECTION 6.232 TO <br />THE EUGENE CODE, 1971; AMENDING SECTION 6.990 <br />OF THAT CODE; ESTABLISHING A SUNSET DATE; AND <br />PROVIDING AN IMMEDIATE EFFECTIVE DATE. <br /> <br />The City Council of the City of Eugene finds that: <br /> <br />A. In 2000, the Council adopted Ordinance Nos. 20212 and 20215, codified <br />at Sections 6.225 through 6.240 of the Eugene Code, 1971. Those ordinances <br />generally prohibited smoking in all public places and places of employment, as defined <br />in the Ordinances. <br /> <br />B. The Council intended to allow smoking in certain outdoor areas so long as <br />the ventilation of those areas was sufficient to assure that employees of the businesses <br />would not be subjected to substantial amounts of second-hand smoke. By <br />administrative rule, the city manager attempted to implement that intent. <br /> <br />C. The Council finds that some areas designated as outdoor smoking areas, <br />while complying with the literal terms of Ordinances Nos. 20212 and 20215 and the <br />administrative rule, nonetheless may lack adequate ventilation to protect employees <br />from the dangers of second-hand smoke. The Council finds that requiring employees to <br />be exposed to second-hand smoke is dangerous to their health and detrimental to the <br />public welfare. <br /> <br />D. On February 23, 2005, the Council held a work session on expanding <br />protections against second-hand smoke, and announced its intent to consider additional <br />regulation of smoking in public places and places of employment, including standards <br />addressing ventilation and location. Council intends to study the issue further before <br />taking final action. <br /> <br />E. The Council is aware that owners of some businesses have constructed <br />outdoor areas for smoking and that they have relied on Ordinances Nos. 20212 and <br />20215 and the administrative rule in designing and constructing those spaces. At this <br />time, Council does not intend to prohibit smoking in places where it lawfully occurred as <br />of March 1, 2005. <br /> <br />F. The Council wishes to minimize the health risks associated with smoking <br />in public places and places of employment by prohibiting smoking in places where <br />smoking is not currently both permitted and occurring or where the City did not <br />authorize construction of such a structure prior to March 1, 2005. <br /> <br />Ordinance - 1 <br />