HomeMy WebLinkAboutItem 4: Public Hearing on Public Smoking Facilities
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Smoking Areas; Amending Sections 6.225,
6.230, 6.235, and 6.240 of the Eugene Code, 1971; Repealing Section 6.232 of that Code;
and Adding Section 6.245 to that Code
Meeting Date: September 26, 2005 Agenda Item Number: 4
Department: Planning and Development Staff Contact: Keli Osborn
www.eugene-or.gov Contact Telephone Number: 682-5288
ISSUE STATEMENT
Existing standards for designated outdoor smoking areas, currently in an administrative rule adopted in
2001, have been identified for revision to better reflect the council’s intent to protect employees and
patrons from the effects of second-hand smoke in places of employment and public places.
BACKGROUND
The City Council discussed outdoor smoking areas in a work session on September 12, 2005. In
addition to discussing preferences for such standards as degree of openness, legal nonconforming status,
and ventilation, several City Council members requested an option that puts standards into the
administrative rule instead of City Code.
In the recent past, the City Council took action in February 2005 to adopt an ordinance extending the no-
smoking area around entrances and openings to publicly owned buildings from 10 to 25 feet. In May
2005, the council adopted a “moratorium” on newly permitted outdoor smoking areas. This prohibition
is not a moratorium in the land use sense, but is a restriction on smoking in newly established outdoor
smoking areas affected by permitting requirements. This “moratorium” expires October 30, 2005. A
public hearing has been set for October 10 on a proposed ordinance with an immediate effective date
that would extend this prohibition through December 31.
When asking for this public hearing in May, the Mayor and City Council wanted to schedule an
opportunity for public input and City Council action ahead of the original October expiration date for the
prohibition on new smoking areas. A proposed ordinance has been publicized and is included in this
packet. The issue is scheduled for action at the September 28 work session, at which time more specific
direction in the form of votes on motions addressing a number of policy issues described below may be
provided.
RELATED CITY POLICIES
The council has adopted goals for sustainable community development and a healthy natural and built
environment.
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A brief summary of several policy issues follows.
Location
The proposed ordinance would allow outdoor smoking areas at food- and beverage-service businesses.
Degree of openness, walls, coverings, screens and enclosures
The proposed ordinance would require that outdoor smoking areas with a roof or overhead cover have at
least 50 percent of walls or sides open to the outside air, and would not allow coverings and screens on
those areas. Outdoor smoking areas without a roof or overhead cover could have all sides enclosed.
If the council desires a different degree of openness, a motion describing that standard would be helpful.
Legal, nonconforming status
The proposed ordinance would give managers and owners of existing outdoor smoking areas that
comply with current standards up to a year from the effective date of new requirements to come into full
compliance with standards. This period should provide owners and managers adequate time to prepare
plans, obtain necessary permits and undertake the construction needed to meet the new standards.
Specific motions would be helpful, if the council desires any of the following:
?
to provide legal, nonconforming status to existing outdoor smoking areas that would relieve them
of the requirement to achieve new openness standards
?
to provide a shorter or longer time frame for existing outdoor smoking areas to achieve
compliance
?
to find a way to provide financial assistance for plan check and permit fees for those
establishments which obtained building permits and would require new permits to achieve
compliance
Ventilation
The proposed ordinance would not allow for mechanical systems as a way around openness standards.
Because labor/management relations vary greatly from business to business, the ordinance currently
would not provide an option to exempt an establishment from certain standards if an employer and
employees reach agreement that employees can choose to work inside a smoking area or choose not to
work in such an area. If the council desires a provision that would allow for employers and employees to
establish such agreements, a specific motion would be helpful.
Administrative rule option
In the September 12 work session, several members of the council supported using the administrative
rule for specific standards implementing City Council policy – especially those which may be subject to
change in response to potential efforts to evade the intent of standards or as more public health
information becomes available. Such a rule could be drafted to implement the policy intent in the City
Code and in response to City Council direction on September 28.
If the council desires to use an administrative rule approach for standards relating to outdoor smoking
areas, a related motion would be helpful. A public comment period before rule adoption would be
required and notice would be provided to interested parties from community sectors including bar and
tavern owners, public health advocates and others. In addition, any code changes needed to strengthen
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the council’s intent would be contained in a separate ordinance, which would be brought back for a
public hearing at a future date.
COUNCIL OPTIONS
1. Adopt the ordinance as proposed or with modest revisions.
2. Request the City Manager to proceed with revisions to the Smoking Prohibited Administrative Rule
to implement new standards for outdoor smoking areas and to prepare appropriate ordinance
revisions.
3. Leave the existing administrative rule and City Code as they are.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends Option 2.
SUGGESTED MOTION
No motion is suggested; City Council action on this item is scheduled for September 28.
ATTACHMENTS
A. Existing Tobacco Products and Smoking Ordinance
B. Existing Smoking Prohibited Administrative Rule
C. Draft Ordinance Concerning Smoking Areas
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
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ORDINANCE NO. ________
AN ORDINANCE CONCERNING SMOKING AREAS; AMENDING
SECTIONS 6.225, 6.230, 6.235, AND 6.240 OF THE EUGENE CODE,
1971; REPEALING SECTION 6.232 OF THAT CODE; AND ADDING
SECTION 6.245 TO THAT CODE.
The City of Eugene does ordain as follows:
Section 1
. Section 6.225 of the Eugene Code, 1971, is amended by amending
the introductory clause, and the definition for “Bar;” and adding a definition for “Outdoor
smoking area,” to provide:
6.225 Definitions
. For the purposes of sections 6.230 to [6.240] 6.245 of this
code, the following words and phrases mean:
Bar
or tavern. An area that is devoted to the serving of alcoholic beverages
for consumption by guests on premises and in which the serving of food is
only incidental to the consumption of such beverages.
Outdoor Smoking Area. Any portion of a bar, tavern, or restaurant,
open to outside air at all times, that either:
(a) Has no roof or other overhead covering at all, regardless of the
percentage of walls or sides that may be closed; or
(b) Is enclosed by no more than 50 percent by walls or other side
coverings if it is also enclosed by a roof or other overhead
covering. Walls and side coverings within ten feet of any portion
of an outdoor smoking area shall be considered as walls or side
coverings enclosing the space.
Section 2
. Subsection (2)(o) of Section 6.230 of the Eugene Code, 1971, is
amended to provide:
6.230 Smoking Prohibited in Public Places and Places of Employment
.
(2)
Smoking is prohibited in all public places and all places of employment
within the city, including, but not limited to the following:
(o) Within a reasonable distance, of not less than ten feet, of any
entrance, operable window, or other opening to any enclosed
area where smoking is prohibited.
Section 3
. Section 6.232 of the Eugene Code, 1971, is repealed.
[6.232 Smoking 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 4
. Subsection (1) of Section 6.235 of the Eugene Code, 1971, is
amended to provide:
6.235 Smoking Prohibited - Enforcement
.
(1)
In every building or enclosed area in which smoking is prohibited by
section 6.230 of this code, a “No Smoking” sign shall be conspicuously posted by
the owner, manager, or other person having control of the building or area. In an
outdoor smoking area, a sign shall be posted to inform patrons that smoking
is prohibited within 10 feet of the door between the outdoor smoking area
and the interior portion of the bar, tavern, or restaurant. The signs shall be of
a form and size approved by the city manager and contain a reference that
regulation is by sections 6.225 to 6.240 of this code.
Section 5
. Subsection (e) of Section 6.240 of the Eugene Code, 1971, is
amended to provide:
6.240 Smoking Prohibited - Exceptions
. The restrictions set forth in sections
6.230 and 6.235 of this code do not apply to:
(e)
[Designated smoking entrances.] Outdoor smoking areas.
Section 6
. Section 6.245 of the Eugene Code, 1971, is added to provide:
6.245 Legal Nonconforming Situations. An outdoor smoking area that was
legally established but that no longer complies with the standards in
sections 6.230 to 6.240 of this code shall be considered a legal
nonconforming use for a period of one year from the effective date of
this ordinance. During this period, no nonconforming outdoor smoking
area may be expanded, intensified or moved, nor may it be altered in a
manner which increases its nonconformity. No later than one year from
the effective date of this ordinance, all outdoor smoking areas must
comply with the standards in sections 6.230 to 6.240 of this code.
Section 7.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
Ordinance - 2
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herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
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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