Item 3: Public Hearing on Ordinance Concerning Prohibited Smoking in Public Structures

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing and Possible Action: An Ordinance Concerning Prohibiting Smoking in Public Structures; Amending the Sunset Provisions in Section 4 of Ordinance No. 20346; and Providing an Immediate Effective Date Meeting Date: October 10, 2005 Agenda Item Number: 3 Department: Planning and Development Staff Contact: Keli Osborn www.eugene-or.gov Contact Telephone Number: 682-5288 ISSUE STATEMENT The prohibition on smoking in new outdoor smoking areas, also called a “moratorium” on new smoking areas, will expire on October 30, 2005. New areas established after this sunset would have to comply with the minimum 25-percent opening standard currently in place – until new standards can be enacted. Please note: An immediate effective date is requested with this ordinancebecause without one, there would be a gap of about two weeks between the expiration of the existing prohibition and regular effective date.An immediate effective date requires a 2/3 majority or 6 affirmative votes from the council to enact. Ordinances without an immediate effective date do not take effect for 30 days. BACKGROUND Following a public hearing on May 9, 2005, the council adopted the current prohibition. It will expire before new standards for outdoor smoking areas are in place. In the September 28 work session, the council provided direction to the City Manager for revisions to the administrative rule for public smoking, with minor code changes as necessary. Revisions are to be prepared, proposed and adopted before December 31, 2005. The “moratorium” ordinance is not legally required. It does, however, prohibit smoking during this interim period in newly established smoking areas triggering building permit requirements. Because regulating outdoor smoking areas is a public health matter, the City may enact new standards and apply them to existing and future structures. City staff is aware of only one building permit in review that includes a proposed outdoor smoking area; this project has been on hold pending resolution of numerous local and State code issues. Although the council may take action following the public hearing, time also has been reserved on the October 24 agenda should the council prefer to defer action to a separate meeting. RELATED CITY POLICIES The City Council has adopted goals for sustainable community development and a healthy natural and built environment. L:\CMO\2005 Council Agendas\M051010\S0510103.doc