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HomeMy WebLinkAboutOrdinance No. 20346 -=~=- COUNCIL ORDINANCE NUMBER 20346 COUNCIL BILL NUMBER 4901 AN ORDINANCE CONCERNING PROHIBITING SMOKING IN PUBLIC STRUCTURES; ADDING SECTION 6.232 TO THE EUGENE CODE, 1971; AMENDING SECTION 6.990 OF THAT CODE; ESTABLISHING A SUNSET DATE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. ADOPTED: May 23, 2005 PASSED: 7:1 REJECTED: OPPOSED: Solomon ABSENT: EFFECTIVE: Immediately upon Mayor's signature ORDINANCE NO. 20346 AN ORDINANCE CONCERNING PROHIBITING SMOKING IN PUBLIC STRUCTURES; ADDING SECTION 6.232 TO THE EUGENE CODE, 1971; AMENDING SECTION 6.990 OF THAT CODE; ESTABLISHING A SUNSET DATE; 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 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 and in all structures 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 Section 4. Unless otherwise extended by the City Council, the amendments to the Eugene Code, 1971, effected by this ordinance, which consist of the addition of Section 6.232, and an amendment to Section 6.990, are repealed effective 12:01 AM on October 30,2005, or on the effective date of new provisions for outdoor smoking areas, whichever comes first. Notwithstanding the prior sentence, the City may continue to pursue any enforcement actions commenced to enforce those provisions prior to October 30,2005, and the provisions related to such enforcement actions shall remain in effect with respect to those actions. In addition, any fees owed to the City under the provisions of this Ordinance remain due and owing, and all provisions related to those fees and their collection shall remain in effect with respect to those fees. Section 5. 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 23rd day of May, 2005. Approved by the Mayor this IC /) 6 day of ~ ' 2005. K~ /7~. . (MaYOr 7 J\J\CLc~~ Ordinance - 3 ORDINANCE NO. 20349 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. The City Council of the City of Eugene finds that: A. Ordinance No. 20346 was passed by the City Council on May 23, 2005, and approved by the Mayor on May 25, 2005, adding a new Section 6.232 to the Eugene Code, 1971, and amending Section 6.990 of that Code. Section 6.232 expanded the areas in which smoking was prohibited, and Section 6.990 added penalties for violation of Section 6.232. Section 4 of the Ordinance, which was not included in the Code, provided an automatic repeal of the amendments to the Code that were effected by the Ordinance effective 12:01 AM on October 30, 2005, or on the effective date of new provisions for outdoor smoking areas, whichever came first. B. The City Council has not yet adopted new provisions for outdoor smoking areas but anticipates doing so in the near future. It would be in the public interest to amend Section 4 of Ordinance No. 20346 to provide that the amendments to the Code that were effected by Ordinance No. 20346 be automatically repealed effective 12:01 AM on December 31, 2005, or on the effective date of new provisions for outdoor smoking areas, whichever comes first. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4 of Ordinance No. 20346, passed by the City Council on May 23, 2005, and approved by the Mayor on May 25, 2005, is hereby amended to provide: Section 4. Unless otherwise extended by the City Council, the amendments to the Eugene Code, 1971, effected by this ordinance, which consist of the addition of Section 6.232, and an amendment to Section 6.990, are repealed effective 12:01 AM on December 31,2005, or on the effective date of new provisions for outdoor smoking areas, whichever comes first. Notwithstanding the prior sentence, the City may continue to pursue any enforcement actions commenced to enforce those provisions prior to December 31, 2005, and the provisions related to such Ordinance - 1 enforcement actions shall remain in effect with respect to those actions. In addition, any fees owed to. the City under the provisions of this Ordinance remain due and owing, and all provisions related to those fees and their collection shall remain in effect with respect to those fees. Section 2. An immediate effective date is necessary to serve the important public purpose of extending the sunset date of the provisions adopted by Ordinance No. 20346. Extending the sunset date will allow the Council more time to consider the most effective and fair standards for regulating smoking and while maintaining the public interest considerations listed in the Findings in Ordinance No. 20346 until the Council adopts new regulatory standards. This Ordinance shall become effective immediately upon its passage by the City Council with the affirmative vote of two-thirds of the members of the 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. Section 3. The City Recorder is requested to attach a copy of this Ordinance .to Ordinance No. 20346. Passed by the City Council this 10th day of October, 2005. Approved by the Mayor this JL day of October, 2005. /lI\g~k _ ~;(;1 P/~ ayor Ordinance - 2