HomeMy WebLinkAboutAdmin Order 21-19-01-FADMINISTRATIVE ORDER NO. 21-19-01-F
ofthe r'
City Manager of the City of Eugene
AMENDMENT OF SMOKING PROHIBITED ADMINISTRATIVE RULE
R-6.230, AND REPEAL OF ADMINISTRATIVE ORDER NO. 21-05-08-F.
The City Manager of the City of Eugene finds that:
A. Pursuant to the authority contained in Sections 2.019 and 6.230 of the Eugene Code,
1971, the City Manager has adopted Smoking Prohibited Administratiye Rule R-6.230. The most
recent amendments to that Rule were adopted on December 23, 2005 , by Administrative Order
No. 21-05-08-F.
B. On July 23,2018, the City Council adopted Ordinance No. 20603 amending Section
6.230 of the Code authorizing the City Manager to approve requests to create smoke-free areas on
the public right-of-way adjacent to smoke-free properties outside of the downtown core (opt-in); _
and to expand smoke-free areas in the City to include the public spaces within the defined area of
the downtown core and approve requests to create designated smoking areas in the downtown core
(opt-out). On August 16,2018, I issued Administrative 21-18-07 adopting Emergency Smoking
Prohibition Opt-In and Opt-Out Administrative Rules so that the provisions adopted by Ordinance
No. 20603 could be promptly implemented. The Emergency Rules will expire on February 12,
2019.
C. On January 17,2019, I issued Administrative Order No. 21-19-01 proposing to
adopt the Emergency Rules as permanent Rules by adding them as new provisions to Smoking
Prohibited Administrative Rule R-6.230.
D. Notice of the proposed amendments of Smoking Prohibited Administrative Rule R-
6.230 was given by making copies of the Notice available to any person who had requested such
notice and by publication of the Notice in the Register Guard newspaper on January 23, 24, 25,
26, and 27, 2019 , providing interested persons an opportunity to submit comments on the proposed
amendments until the end of the day on February 7, 2019. No comments were received within the
time or in the manner provided in the Notice.
On the basis of these findings, I order that:
1. Smoking Prohibited Administrativ e Rule R-6.230 is amended as proposed.
2. The unamended provisions of the Smoking Prohibited Administrative Rule R-6.230
remain in full force and effect and are incorporated into the Rules adopted by this Order.
3. Administrative Order No. 21-05-08-F is repealed.
Administrative Order -Page 1 of 5
4. As of the effective date of this Order, Smoking Prohibited Administrative Rule R-
6.230 provides as follows:
SMOKING PROHIBITED ADMINISTRATIVE RULE R-6.230
R-6.230-A Smoking Prohibited Except in Outdoor Areas. y
(1) Rules R-6.230-A through R-6.230-C implement Section 6.230 of the Eugene Code,
1971 ("EC"), by defining more precisely where smoking is allowed in areas associated with a
restaurant, bar or tavern with an on-premises liquor license.
(2) Smoking is permitted only in designated o'Utdoor smoking areas.
(3) F or purposes of this rule, a "designated outdoor smoking area" is any portion of a
restaurant, bar or tavern, which is at least 1 0 feet from a door, air intake or openable window, and
that either:
(a) Has no roof or other overhead covering at all, regardless of whether the
smoking area has any walls or sides of any type. An area qualifies as an outdoor smoking
area under this paragraph only where the walls of the area are configured so that the open
area at the top of any walls or side coverings is at least as large as the floor space of the
smoking area below; or
(b) If the smoking area is covered by a roof or other overhead covering, no more
than 25 per cent of the smoking area is enclosed by walls or other side coverings. Walls
and side coveripgs within ten feet of any portion of an outdoor smoking area shall be
considered as walls or coverings enclosing the space. In addition, walls or side coverings
more than ten feet from the outdoor smoking area may be considered as walls or side
coverings enclosing the space if their effect is to prevent substantially the free flow of
outdoor air into the smoking area.
(4) Notwithstanding paragraph (3)(b) of this rule ,
(a) A smoking area that is entirely open on three sides but abuts a single ,
straight outside wall of a restaurant, bar or tavern complies with the standards for an
outdoor smoking area in this rule even if the length of the wall exceeds 25% of the
perimeter of the smoking area.
(b) For purposes of this rule , "wall or other side covering" does not include
walls or other structures up to 30 inches above the floor or ground level of the smoking
area, or safety railings as required by the State of Oregon Structural Specialty Code , so
long as they do not prevent substantially the free flow of outdoor air into the smoking area.
Security coverings or other measures to protect the designated outdoor smoking area from
theft and vandalism are allowed, but must be removed during hours of operation to provide
a minimum 75 percent opening to the outside air.
Administrative Order -Page 2 of 5
R-6.230-B Interpretation for Enforcement Purposes ..
In enforcing the provisions of Sections 6.225 through 6.240 of the Eugene Code , 1971 and
these administrative rules, the City Manager or designee shall interpret the Code and rules in a
manner that ensures that outdoor smoking areas have sufficient natural ventilation to minimize the
exposure of employees or members of the public to tobacco smoke.
R-6.230-C Time for existing lawful smoking areas to comply with Rule 6.230-A.
Any smoking area that was legally established but that no longer complies with the
standards in Rules 6.230-A and 6.230-B, as revised, shall be considered a legal nonconforming
use until December 31, 2006. During the period between the effective date of these amendments
to Rules 6.230-A and 6.230-B and December 31,2006, no nonconforming smoking area may be
expanded, intensified or moved, nor may it be altered in a manner that increases its nonconformity.
No later than December 31, 2006, all smoking areas must comply with sections 6.225 through
6.240 of the Eugene Code, 1971 as well as Rules 6.230-A and 6.230-B.
R-6.230-D Opt-In to Smoking Prohibition
(1) This Rule R-6.230-D implements Section 1 of Ordinance No. 20603 by setting out
how a property owner of a property where smoking is prohibited by EC 6.230(2)(a) -(p), or a
representative of a smoke free publicly owned property, can obtain approval to prohibit smoking .
on rights-of-way adjacent to the property.
(2) A request to prohibit smoking on adjacent rights-of-way shall be submitted on a
form provided by the City and shall include, at a minimum, all of the following:
(a) Name, address, telephone number, and e-mail address of the requester;
(b) Type of property where smoking is currently prohibited;
(c) Map , photograph, or diagram showing the area requested to be non-
smoking;
(d)' Map, photograph, or diagram showing the neighboring properties where
smoking is unrestricted, if any; and
(e) Certification and signature of the owner or authorized representative of the
property acknowledging that the City's approval of the request to prohibit smoking on
adjacent rights-of-way:
1. Does not alleviate requester's responsibility to comply with
all other applicable local and state laws, including EC 6.225 -6.240, and
Administrative Rules adopted by the City Manager; and
Administrative Order -Page 3 of 5
way.
2. Does not obligate the City, including the Eugene Police
Department, to take any specific action to enforce the approved smoking
prohibition.
(3) There is no fee for submitting a request to prohibit smoking on adjacent rights-of-
(4) A request to prohibit smoking on adjacent rights-of-way shall be approved,
approved with modifications, or denied by the City Manager or Manager's designee. It is in the
City's sole, unfettered discretion whether to approve, approve with modifications, or deny a
request, however, the City's approval will not be unreasonably withheld. A reason for approving
with modification or denying a request includes, but is not limited to, the reasonable likelihood
that prohibiting smoking in the requested location will have an adverse impact on nearby
pr_operties.
R-6.230-E Opt-Out of Downtown Core Smoking Prohibition
(1) This Rule R-6.230-E implements Section 2 of Ordinance No. 20603 by setting out
how a representative of a private establishment located within the downtown core (as that term is
defined in EC 4.871) can obtain approval to allow smoking on public rights-of-way adjacent to the
private establishment. .
(2) A request to allow smoking within the downtown core on adjacent rights-of-way
shall be submitted on a form provided by the City and shall include, at a minimum, all of the
following:
(a) Name, address, telephone number, and e-mail address of the requester;
(b) Name of downtown core private establishment;
( c) Map, photograph, or diagram showing the area where the requester is asking
that smoking be allowed;
(d) Whether request is for smoking to be allowed for the entire day, or only
after 9 p.m.; and
(e) Certification and signature of the authorized representative of the private
establishment acknowledging that:
1. The City 's approval of the request to allow smoking within
the downtown core on adjacent rights-of-way does not alleviate requester's
responsibility to comply with all other applicable local and state laws,
including EC 6.225 -6.240 and Administrative Rules adopted by the City
Manager, and that, in addition to the penalties provided in the City Code,
any violation of applicable regulations may result in the City revoking
permission to allow smoking; and
Administrative Order -Page 4 of 5
2. Requester agrees to encourage patrons to use the City-
provided cigarette disposal receptacles near the property, and agrees to
work cooperatively with the City in placing the disposal receptacles in an
optimum location for maximum usage.
(3) There is no fee for submitting a request to allow smoking in the downtown core on
adjacent rights-of-way.
(4) A request to allow smoking in the downtown core on adjacent rights-of-way shall
be approved, approved with modifications, or denied by the City Manager or the Manager's
designee. It is in the City's sole, unfettered discretion whether to approve , approve with
modifications, or deny a request, however, the City's approval will not be unreasonably withheld.
A reason for approving with modification or denying a request includes, but is not limited to, the
requested location abuts multiple properties and not all of the abutting properties are requesting to
opt-out of the smoking prohibition.
Dated and effective this /Z lPA:I a?brUary, 2019.
~ c'~~
JonR.Ruiz ~
City Manager
Administrative Order -Page 5 of 5