Item 4: Public Hearing on Public Smoking Facilities

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Smoking Areas; Amending Sections 6.225, 6.230, 6.235, and 6.240 of the Eugene Code, 1971; Repealing Section 6.232 of that Code; and Adding Section 6.245 to that Code Meeting Date: September 26, 2005 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Keli Osborn www.eugene-or.gov Contact Telephone Number: 682-5288 ISSUE STATEMENT Existing standards for designated outdoor smoking areas, currently in an administrative rule adopted in 2001, have been identified for revision to better reflect the council’s intent to protect employees and patrons from the effects of second-hand smoke in places of employment and public places. BACKGROUND The City Council discussed outdoor smoking areas in a work session on September 12, 2005. In addition to discussing preferences for such standards as degree of openness, legal nonconforming status, and ventilation, several City Council members requested an option that puts standards into the administrative rule instead of City Code. In the recent past, the City Council took action in February 2005 to adopt an ordinance extending the no- smoking area around entrances and openings to publicly owned buildings from 10 to 25 feet. In May 2005, the council adopted a “moratorium” on newly permitted outdoor smoking areas. This prohibition is not a moratorium in the land use sense, but is a restriction on smoking in newly established outdoor smoking areas affected by permitting requirements. This “moratorium” expires October 30, 2005. A public hearing has been set for October 10 on a proposed ordinance with an immediate effective date that would extend this prohibition through December 31. When asking for this public hearing in May, the Mayor and City Council wanted to schedule an opportunity for public input and City Council action ahead of the original October expiration date for the prohibition on new smoking areas. A proposed ordinance has been publicized and is included in this packet. The issue is scheduled for action at the September 28 work session, at which time more specific direction in the form of votes on motions addressing a number of policy issues described below may be provided. RELATED CITY POLICIES The council has adopted goals for sustainable community development and a healthy natural and built environment. L:\CMO\2005 Council Agendas\M050926\S0509264.doc