HomeMy WebLinkAboutItem 4: PH/Outdoor Smoking AreaEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing: An Ordinance Concerning Prohibiting Smoking in Public Structures;
Adding Section 6.232 to the Eugene Code, 1971; Amending Section 6.990 of that Code;
and Providing an Immediate Effective Date
Meeting Date: May 9, 2005 Agenda Item Number: 4
Department: Planning and Development Staff Contact: Keli Osborn
www. cl. eugene, or. us Contact Telephone Number: 682-5288
ISSUE STATEMENT
This is a call for a public hearing on a proposed moratorium on new outdoor smoking areas. A
moratorium would not restrict construction of certain outdoor areas, if they conform to State building
code, local land use and other requirements, but through a moratorium the City Council could prohibit
smoking in such structures. The action has been requested as an interim measure while the City Council
considers standards for outdoor smoking areas.
Please note: An immediate effective date is requested with this ordinance. 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
On February 28, the City Council adopted a new standard prohibiting smoking within 25 feet of
entrances, operable windows and outdoor air intakes for publicly owned buildings. A work session is set
for May 23 to discuss standards for outdoor smoking areas - specifically, where these areas may be
established and what degree of openness is required to provide reasonable ventilation protecting the
health of patrons and employees.
These recent discussions involve the Tobacco Products and Smoking Ordinance adopted by the City
Council in November 2000. That ordinance restricts youth access to tobacco products and improves
indoor air quality for employees and patrons in public buildings and private buildings used by the
public. Similar ordinances already were in effect in Corvallis and Multnomah County, and smoking
restrictions have since been adopted at the state level. More than 1,700 U.S. municipalities have local
clean indoor air laws.
The prohibition on smoking in bars, restaurants, bingo parlors and other establishments has been a
source of some discussion and controversy since 2000. Per City Council direction, the City Manager in
2001 adopted an administrative rule that provided for outdoor smoking areas. The council recently has
expressed concern that the rule doesn't explicitly limit outdoor smoking areas to bars and taverns, and
that the degree of enclosure for some structures is greater than envisioned and violates the spirit of what
the council intended in allowing for smoking areas.
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RELATED CITY POLICIES
The City Council has adopted goals for sustainable community development and a healthy natural and
built environment.
COUNCIL OPTIONS
The council has the following options:
1. Adopt the moratorium, banning smoking in places where smoking is not currently permitted and
occurring or where the City did not authorize construction of such a structure before March 1, 2005.
2. Modify the moratorium ordinance with a different effective date or other changes.
3. Do not adopt the moratorium. The City Council still would have the ability to adopt different
standards for outdoor smoking areas and enact them retroactively, as occurred when prohibitions on
indoor smoking went into place.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends adoption of the moratorium as outlined in Option 1.
SUGGESTED MOTION
None; this is a public hearing only.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Keli Osborn
Telephone: 682-5288
Staff E-Mail: keli.m.osborn~ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE CONCERNING PROHIBITING SMOKING
IN PUBLIC STRUCTURES; ADDING SECTION 6.232 TO
THE EUGENE CODE, 1971; AMENDING SECTION 6.990
OF THAT CODE; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. In 2000, the Council adopted Ordinance Nos. 20212 and 20215, codified
at Sections 6.225 through 6.240 of the Eugene Code, 1971. Those ordinances
generally prohibited smoking in all public places and places of employment, as defined
in the Ordinances.
B. The Council intended to allow smoking in certain outdoor areas so long as
the ventilation of those areas was sufficient to assure that employees of the businesses
would not be subjected to substantial amounts of second-hand smoke. By
administrative rule, the city manager attempted to implement that intent.
C. The Council finds that some areas designated as outdoor smoking areas,
while complying with the literal terms of Ordinances Nos. 20212 and 20215 and the
administrative rule, nonetheless may lack adequate ventilation to protect employees
from the dangers of second-hand smoke. The Council finds that requiring employees to
be exposed to second-hand smoke is dangerous to their health and detrimental to the
public welfare.
D. On February 23, 2005, the Council held a work session on expanding
protections against second-hand smoke, and announced its intent to consider additional
regulation of smoking in public places and places of employment, including standards
addressing ventilation and location. Council intends to study the issue further before
taking final action.
E. The Council is aware that owners of some businesses have constructed
outdoor areas for smoking and that they have relied on Ordinances Nos. 20212 and
20215 and the administrative rule in designing and constructing those spaces. At this
time, Council does not intend to prohibit smoking in places where it lawfully occurred as
of March 1, 2005.
F. The Council wishes to minimize the health risks associated with smoking
in public places and places of employment by prohibiting smoking in places where
smoking is not currently both permitted and occurring or where the City did not
authorize construction of such a structure prior to March 1, 2005.
Ordinance- 1
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NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 6.232 is added to the Eugene Code, 1971, to provide:
6.232 Smokinq Prohibited in Public Structures. In addition to the prohibitions
in section 6.230 of this code, smoking is prohibited in all structures to
which the public is invited or permitted, or is in a structure under the
control of a public or private employer, except in structures that, as of
March 1, 2005, met both of the following requirements:
(a) The structure was authorized by a building permit, if required, and
construction had actually begun; and
(b) Smoking was lawful in the structure or space covered by the
structure.
Section 2. Subsection (12) of Section 6.990 of the Eugene Code, 1971, is
amended as follows:
6.990 Penalties - Specific.
(12) Any person who violates a provision of section 6.230, 6.232 or 6.235, or
a business, owner, or employer who permits a violation of sections
6.230, 6.232 or 6.235 of this code to occur, shall, upon conviction, be
punished by a fine of:
(a) Not less than $50, nor more than $100 for the first violation;
(b) Not less than $100, nor more than $200 for the second violation
occurring within a period of 12 months from the first violation;
(c) Not less than $250, nor more than $500 each for the third and
subsequent violations occurring within a period of 12 months from
the first violation.
The above penalties are in addition to, and not in lieu of, any administrative
civil penalties that may be imposed or other remedies the city may have
under this code or other laws or regulations.
Section 3. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Ordinance - 2
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Section 4. An immediate effective date is necessary and serves the important
public purposes of minimizing the health risks associated with smoking in public places
and places of employment and preventing property owners from investing resources to
construct facilities for smokers whose use of the facility may be prohibited by
subsequent regulations. This Ordinance shall become effective immediately upon its
passage by the City Council and approval by the Mayor, retention by the Mayor for
more than ten days, or readoption over a Mayoral veto by two-thirds of all members of
the City Council.
Passed by the City Council this Approved by the Mayor this
__ day of ., 2005. __ day of ,2005.
City Recorder Mayor
Ordinance - 3
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