Item 5: Ordinance Prohibiting Smoking Outside City-Owned Buildings Providing Services to Children

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of an Ordinance Prohibiting Smoking Outside City-Owned Buildings Providing Services to Children and Amending Section 6.230 of the Eugene Code, 1971 Meeting Date: February 8, 2010 Agenda Item Number: 5 Department: Library, Recreation and Cultural Services Staff Contact: Connie Bennett www.eugene-or.gov/library Contact Telephone Number: 541-682-5363 ISSUE STATEMENT This is a recommended amendment to section 6.230 of the Eugene Code, 1971. The proposed amendment prohibits smoking outside City-owned buildings that provide services to children. BACKGROUND Sections 6.225 – 6.240 of the Eugene City Code address tobacco products and smoking. The original ordinance was enacted November 12, 1980. The most recent change, enacted March 4, 2005, and effective April 3, 2005, affected Section 6.230 (k), the current ordinance affecting City-owned buildings that provide services to children: [Smoking is prohibited in all public places and all places of employment within the city, including, but not limited to] “within publicly owned buildings and within 25 feet of any entrance or air intake to, or any operable window of, any such building.” The purpose of this change is to provide a healthier atmosphere and better protection for children who are using City services, by prohibiting smoking outside of City-owned buildings providing services to children such as libraries, pools, sports parks and community centers. The proposed ordinance, extending the prohibition to the curb outside of affected buildings, is anticipated to be easier to communicate to the public and thus take fewer resources to enforce. A public hearing on the proposed ordinance was held on January 19, 2010, with one member of the public testifying in support. Since the public hearing, the City Attorney's office reviewed the language of the Corvallis code and found that Corvallis does not have a provision that specifically addresses what the City of Eugene is trying to address with this ordinance. Therefore, no changes are being recommended to the code amendment that was originally presented to the council. The ordinance is proposed to go into effect in thirty days, on March 10, 2010. RELATED CITY POLICIES This item relates to the City Council Goals of Accessible and Thriving Culture and Recreation: A community where arts and outdoors are integral to our social and economic well-being and are available to all, and a Safe Community: a community where all people are safe, valued and welcome. Z:\CMO\2010 Council Agendas\M100208\S1002085.doc